By MIKE COURSON
Great Bend Post
There are all kinds of television shows about judges, attorneys, criminals, and even the facilities in which they are housed. Barring A&E's highly-scripted and overly-dramatized reality show "Dog the Bounty Hunter," which ran from 2004 to 2012, there are few shows about the bonding side of the criminal justice system. An ongoing homicide case in Sedgwick County has put the industry back into the spotlight.
On Sept. 1, 19-year-old Daryon Boone allegedly shot and killed 69-year-old Norma Williams as she was driving home through Wichita from a football game. His bond was set at $500,000, and he was released on that bond over the weekend. Stacey Farris, an agent with Ace Bail Bonding in Great Bend, said there are no hard rules about how much of the original bond a defendant must pay to an agent to be released from jail, but the industry standard is 10 percent. She's spoken with the Kansas Bail Agents Association about the case.
"I think the industry has high levels of respect for law enforcement and judicial discretion," she said. "So whenever there are complaints from sheriff's officers and law enforcement, people pause and explore some options about how we can maintain that working relationship with them."
Most counties use a predetermined bond schedule to determine the bond amount for any particular crime. Judicial discretion allows judges to increase or decrease that amount on a case-by-case basis, or even release the defendant on an own-recognizance bond without paying any money. Bond agencies alleviate some pressure from the system by taking on all duties pertaining to bonds, including assuming responsibility for the bond when the defendant does not show up in court.
"The criminal justice system is so important, and if a defendant is not present in court, that obviously interrupts how the system flows," Farris said. "We like people to be in court for that reason, but there is also that financial motivation that we are going to be paying a large sum of money if we can't do what we told the court we are going to do."
Since arrests are made at all hours of the day, bonding agents are technically on the clock all day, every day. Once the defendant is booked and a bond is set, the defendant can reach out to any number of bondsmen.
"I try to make myself quickly available when people are arrested," said Farris. "They don't like to sit in jail longer than they need to. I try to be available in a timely manner."
Bonds can run the gamut from $100 to $1 million to no bond. Bonding companies post surety bonds, which is like underwriting an insurance policy. Defendants typically pay 10 percent of the stated bond amount, which they will not get back, and they are released. If the bond is later forfeited, the agent is responsible for 100 percent of the original bond. Defendants may also be required to pay cash bonds, which require 100 percent of the stated bond, but may also be returned to the defendant or applied to fines.
Bonding agents weigh many factors in determining whether to process a bond, including whether or not a friend or family member will vouch for the defendant. As far as the charges are concerned, agents do not typically discriminate. The matter will ultimately be resolved in court, and the agent's sole job is to ensure the defendant shows up. Failure to Appear charges are often an exception.
"If you see someone who has missed court and missed court, maybe they're not a person we think will reasonably show up next time," said Farris. "That's ultimately what's most important to us is doing what we tell the court we're going to do, which is getting the defendant there. If you believe in innocent until proven guilty, it's hard to say you can't bond them on this charge. It's almost putting guilt on them automatically."
Bond agents are aware of court times and often remind defendants they need to be in court. When the defendant fails to appear, a warrant may be issued for that person's arrest. A hearing may also be scheduled to forfeit the bond. Bond agencies have their own recovery agents to help track down defendants before that money is paid.
"There is a licensing process to be a recovery agent," Farris said. "We do not use anyone who is not licensed. Part of that is just making sure you know what you can and can't do. It varies from state to state. Our recovery agents do travel out of state to pick people up."
There is also a human element to bond work, Farris said. Many defendants have jobs or families to get back to. She enjoys being able to help. "My heart is with people who struggle because we have all been there, and if not, our time is coming," she said. "I find so much richness in being able to relate and connect with people in all walks of life."