Jail Bonding List. Major issue.

Okay guys give me your opinion on this one. Here in our "busiest" county, when subjects go to jail they are given a list of certified bail bondsmen in the area. The way that your position on the bonding list WAS determined by the time frame in which your annual report was turned in to the clerk's office. Our bonding company always worked hard to be the first one to get our report turned in. At the beginning of the year we were on the top of the list. Needless to say a complainant (A senior bail bonding company owner) came into the clerks office and demanded it be changed. Here is how the Tennessee code on this reads:

(b) Any listing or description of bondsmen or surety agents in a jail, workhouse, or other correctional facility shall be done in terms of seniority. The company or other business entity of a bondsman or surety agent with the most continuous experience in bail bond matters shall be listed first, with all other companies or business entities being listed in descending order, based upon the length of their continuous experience in bail bond matters. The sheriff or other person in charge of the jail, workhouse or other correctional facility shall have the final decision over the listing of bonding companies or surety agents.
[Acts 1978, ch. 506, § 39; T.C.A., § 40-1226; Acts 2001, ch. 281, § 1; 2008, ch. 1030, §§ 1, 2.]

So now the list in the jail is in descending order by seniority. Since we've only been in business since 2005, we're 3rd to last on the list. If you'll notice, the last sentence states that the sheriff, or the person in charge of the jail etc. has the final say in this matter. In a private meeting with the sheriff, he stated there was nothing he could do.

The companies on the top of the list have been handed down to generations of their families. So really, there is no possible way to really move up on the list. Since this has happened, our business has dwindled (As it has for other "newer" and even other senior companies). I'm concerned about the future of our business. I mean of course we still get calls from the phone book, internet, etc. but the majority of business was from the jail list. Does this law seem a little bias to you guys? I am going to make a few legal calls this week to see if the state of Tennessee is being discriminatory. It just seems to me like there would be a better way to do this i.e. a list rotation etc.

I'll get off my soapbox now. Any comments on this or how it works in your state would be appreciated.

_________________
Joshua P. Woodby
P.I./Surety Agent/Washington Co. TN Appointed Process Server
Owner, A Beagle Investigations and Process Service
TN P.I. License #6232, TN P.I. Company License #1496
Senior Agent, A Bail Away Bonding Company Inc.
T.A.P.B.A. Certification Always Current

I would defer to Joe Stiles regarding this issue. Since this is a local issue for you, polling a national network of outsiders will not resolve your issue. Mr. Stiles is 1 of the most informative people regarding Tn. Bail Laws and Codes and I would consult with him privately.

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River City Associates
Decatur, Al. 35601

http://www.tn.gov/attorneygeneral/op/2008/OP/OP150.pdf

The AG of Tennessee opines that this law passes constitutional muster. Until successfully challenged or repealed it is the law of the land, fair or unfair.

_________________
Joe Stiles
Bail Fast Bonding/
Black Aces Bail Recovery
Knoxville, TN
800-689-5031

This subject came up in the last TAPBA class, and one of the opinions that was discussed about the wording of the law was that, the last line, in reference to the Sheriff, was that "He" had the final say in determining the seniority of the company, not that he was to be able to "circumvent" the law and have it listed as he/she wants. But, this opinion on the law has not really been passed down to the powers that be, on how it should be interpreted.

As we well know most of the times the Sheriff will not even worry about it till its brought up. Here in Greene its still listed on "placards" by the phone and are rotated up about every 4 to 6 weeks. They feel that this way gives everyone a chance to be in the top 3 listing.

Just thought i would let you all know what was said about this in the last T.A.P.B.A class in Feb.

Thanks,

The way that your position on the bonding list WAS determined by the time frame in which your annual report was turned in to the clerk's office.


Although,I agree with Mr. Stiles,I'm curious to know how hard it is to submit your reports by the specified time-frame which is required by our State Laws?

_________________
R&R
Professional Skip Trace Service
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Wow. Thanks for the information. I had no idea that this issue had been addressed. I appreciate all the help. Mr. Stiles, thank you very much for the PDF link.

_________________
Joshua P. Woodby
P.I./Surety Agent/Washington Co. TN Appointed Process Server
Owner, A Beagle Investigations and Process Service
TN P.I. License #6232, TN P.I. Company License #1496
Senior Agent, A Bail Away Bonding Company Inc.
T.A.P.B.A. Certification Always Current

You are listed by Seniority here as well. The list started in 1990/91, that same list is updated with the renewal of the Company Lic each year. A few years back it was legislated that there could no Agent Name on the List. You see, it is not so much the Company that gets the bonds, it is the Agent.

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