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Question.
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=5428		 Page 1 of 3
Author:  Simon [ Wed 12 Dec 2007 17:01 ]
Post subject:  Question.
Okay, let me set this up.

Had a skip, he did a voluntary commitment to a psych. ward (transferred out of town) and missed his court date.

He got out, and did another voluntary commit. I found him today on the second commit and apparently is still in the "detox hospital" out of town.

Now…bondsman has nothing in writing proving that the skip was committed and the deadline is the 16th. Bondsman is in negotiations with the D.A.

Sooo…How should the Bondsman handle this?
Author:  Kathy [ Thu 13 Dec 2007 15:57 ]
Post subject: 
The bondsman should make every attempt to get something in writing showing where the defendant is and why he is unable to produce him. The judge (or LE) should be able to put a "hold" on the defendant based on the warrant, so that he is effectively "in custody" in the treatment center and cannot be released except to law enforcement. Once this is done, the judge should either grant an extension until the person is arrested or just exonerate the bond.

We have had similar cases where the person voluntarily admitted themselves to treatment centers or hospitals to avoid court or jail. Notifying the court and getting a hold placed on them usually worked. Alternately, we would use our information release forms to find out when they were being released and pick them up when they walked out the door. We have done the same when the person was in custody in a jurisdiction outside the extradition area. We have picked them up if there was time on the bond, or filed motions and gotten exonerated if the time was up.
Author:  SpanielPI [ Thu 13 Dec 2007 17:41 ]
Post subject: 
Let me explain it another way, but same process as what Kathy just described:

1) Dress professionally and go visit the intake counseler, admissions director, whomever.

2) Secure from them an "in-custody verification" statement on thier company letterhead.

This document needs to contain the defendant's full name, date of birth, physical description, date of admission and potential release date.

3) Then write and file a legal motion (specific form) for the bond to be exonerated due to the defendant's current medical treatment. If you don't know how to do this, then consult with your bondsman's attorney and advise him/her to proceed in this manner.
Author:  Simon [ Fri 14 Dec 2007 07:31 ]
Post subject: 
Thanks all. We used to put a hold on them all of the time when I worked for the P.D. (if the hospital didn't release them first THEN call us). But, when I did the initial post the bondsman had said something about getting the warrant recinded and was more worried about getting the paperwork (which he has been able to get faxed to him). He later said the D.A. was working with him.

I think he has changed his mind about getting the nisi judgement recinded now. :D
Author:  KARMA [ Fri 14 Dec 2007 12:38 ]
Post subject: 
Quote:
1) Dress professionally and go visit the intake counseler, admissions director, whomever.

2) Secure from them an "in-custody verification" statement on thier company letterhead. mindtracker


This cannot be done. . . if the individual is in any form of a rehab (drugs, alcohol) the information is Federally protected. Not even a Judge can verify if an individual is in such a facility. The criminals have more rights than the public.

One way around this is to have the individual sign a release of information at the time of bond. . . making sure to include the section regarding the Federal Statute.
I do this consistantly yet have not had to use the form to date.
Author:  Mdbtyhtr [ Fri 14 Dec 2007 16:44 ]
Post subject: 
Luvonda is correct, and is referring to the HIPPA Law.

http://www.hipaaguidance.com/hipaa-rules.htm


HIPAA Compliance Rule Standards



HIPAA compliance can be summarized by the three major rules or standards:

HIPAA Privacy Rule
The HIPPA Privacy Rule mandates the protection and privacy of all health information. This rule specifically defines the authorized uses and disclosures of "individually-identifiable" health information.

HIPAA Transactions and Code Set Rule
The HIPPA Transaction and Code Set Standard addresses the use of predefined transaction standards and code sets for communications and transactions in the health-care industry.

HIPAA Security Rule
The HIPAA Security Rule mandates the security of electronic medical records (EMR). Unlike the Privacy Rule, which provides broader protection for all formats that health information make take, such as print or electronic information, the Security Rule addresses the technical aspects of protecting electronic health information. More specifically, the HIPPA Security standards adresses these aspects of security:

» Administrative security - assignment of security responsibility to an individual.

» Physical security - required to protect electronic systems, equipment and data.

» Technical security - authentication & encryption used to control access to data.

My wife, who happens to be a Nurse and works in a Hospital, stated that they are allowed to confirm that a patient is there, but can't tell you their condition or why they are there. Mental Health issues are different, they can't and won't tell you anything.

Scott
Author:  Kathy [ Fri 14 Dec 2007 19:11 ]
Post subject: 
That is why I have everyone sign an authorization to release information. I have only had one instance where a doctor's office wouldn't take it, and it was for them to release the information to the court while the defendant was in custody. The judge wanted to see the records showing that she was in the hospital on her court date, and agreed to release her with proof. I had to have her sign a separate HIPPA form, and her mom took that to the clinic, and they still didn't want to take it. They finally agreed to fax the info directly to the court and she got released.
Author:  SpanielPI [ Fri 14 Dec 2007 19:45 ]
Post subject: 
I have been succesful in getting documentation from admissions people stating the defendant was in thier care and the date they were admitted.

This does not violate anything. I am not asking for anything confidential. I have taken that documentation along with my motion, filed and submitted it and exonerated my client's bond.

Maybe I've jus tbeen blessed..I don't know.
Author:  DMARTZ [ Sat 15 Dec 2007 00:23 ]
Post subject: 
You have been lucky that wouldn't work up here. Kathy has one of the best Release of Information forms i seen, it binds them up pretty good.
Of coarse as with anything what works for one person may not for another.
Author:  SpanielPI [ Sat 15 Dec 2007 10:36 ]
Post subject: 
I would like a copy of it...most of my client's here are 20 yrs behind on forms.
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