Orange County Allowing Credit Cards for Cash Bail is Bad Public Policy

Orange County is the latest of several California county jails have made it possible for inmates or their families to pay the full amount of bail with a credit card. Four new kiosks were installed last week at Theo Lacy Jail in Irivine and at the Orange County Central Jail in Santa Ana (OCJ). With these kiosks it will soon be possible to pay a full bail amount with a credit card in order to arrange bail payment without the use of a bail bondsman.

How Credit Card Bail Works

Quite simply, an individual walks up to the kiosk and puts the full bail amount onto their credit card. With a valid credit card, the kiosk company will charge the full amount of the bail plus a service fee. At other County jails such as the Ventura Jail, the amount of the service fee is 7%. Let’s say that the amount of bail is $10,000. That means that the credit card will be charged $10,700.

When the defendant returns to court and the case is complete, the $10,000 will be returned to the credit card. The county as well as the “third party” processing company (unlicensed or regulated by the California Department of Insurance which overseas the bail industry) retain the remaining $700 fee.

Lack of Defendant Oversight

What happens if the defendant does not return to court after they’re released? Who is held accountable? The State? The County? Certainly not the kiosk company. Orange County and other California jurisdictions simply do not have the resources to bring in fugitives. With bail bondsmen, this isn’t an issue. If a bail bondsman is used, then they are on the financial hook for that defendant and will do what has to be done to bring the defendant in to face their charges. The bondsman does not want to pay off $10,000.

Unlicensed Surety

This goes against public policy and state law. The California Department of Insurance has regulations in place to ensure that only licensed bail bond agents profit by posting bail for an inmate. By allowing credit card bail, a “third party” is profiting from the process without having to be licensed by the state.

The Department of Insurance has various requirements for bail agents (known as a “surety”). One of these is the ability to pay off bonds that may forfeit through the use of an underwriter and financial reserves.

Increased Consumer Debt and Hidden Fees

Using a credit card for cash bail can be predatory to unwary consumers. The “third party” entity is only disclosing the fee amount that they charge for bail. What they do not let consumers know is that the consumer are going to be charged a cash advance fee by the credit card company. This could be at least 2%, if not more. Can you afford to pay the minimum monthly payment for such a large sum PLUS the additional interest that is going to be charged? Keep in mind that $10,000 would be a small bail amount in Orange County. Criminal cases often continue for months and sometimes years.

The Bail Industry Works

By using a bail bondsman, the consumer will always know the true cost of bailing out a loved one. Instead of a lot of hidden fees, the fee for bail is 10% of the bail – no more, no less. There are no surprises. Some bondsmen allow for bail payment plans with no interest.

Defendant released on bail with a bondsman return to court in 98% of cases nationwide. The “retail bail” or private bondsman industry gets the job done at no cost to the public.

What kind of “service” is the kiosk to the public? It’s about time the state started thinking about abolishing credit card bail from our jail systems.

$100 Million Awarded to Orange County for Jail Project

The Corrections Standards Authority awarded Orange County Jails $100 million to go towards the construction of a jail facility. Orange County was one of eleven counties chosen to receive a portion of the $602 million allotted by the state for jail projects.

This money comes after the implementation of the Governor’s realignment plan, which will send certain non-violent offenders to county jails to serve their sentences instead of the severely overcrowded state prison system. These funds will allow many of the county jails to be expanded or rebuilt in order to better accommodate this influx of prisoners.

Along with Orange County, Riverside and Los Angeles Counties were also awarded $100 million each. Stanislaus County will get $80 million; Santa Barbara and Tulare $60 million each; $33 million to Shasta and Kings; Imperial County will get $23.626 million; Sutter County $10.255 million; and Madera County will receive $3 million.

Twenty counties applied for the funding. The money Read more »

Chief of Police Services Promoted to Captain

Lieutenant Paul D’Auria, Chief of Police Services for San Clemente, has been promoted to captain. He will be moving into his new role as the commander of the James A. Musick Facility, an Orange County Jail.

The Musick Jail is a minimum-security facility located in Irvine that holds up to 1,250 men and women.

D’Auria began his career in law enforcement as an officer with the San Clemente Police Department until it was shut down. He then joined the Sheriff’s Department and has spent the last six years as the chief of police services.

D’Auria has taken great pride in his career, which includes many highlights such as his work in the gang injunction. This was a court action that identified members of gangs and prohibited them from hanging around each other. He also worked to improve ties with the Hispanic residents of San Clemente.

He is also extremely proud of Read more »

Lawsuit Filed Over Musick Jail Expansion

Elected officials in the city of Irvine have filed a lawsuit against Orange County, hoping to delay if not halt construction plans at a local jail.

At the crux of the controversy, according to the lawsuit, is the potential negative impact the proposed 512-bed expansion of the James Musick Jail could have to surrounding communities.   Voice of OC (VOOC) has reported that members of the City Council feel strongly that an environmental impact studyjames must be completed prior to moving forward.

Irvine Councilman Jeffrey Lalloway has said that the proposed expansion and how it will impact the character of the neighborhood “needs to be studied in a more thoughtful and thorough way,” he said.

Other concerns include Read more »

San Diego PD Celebrates 100 Years of Women

One century ago, the first female employee was hired at the San Diego Police Department. Rose Longacre was put in charge of female prisoners in her position as jail matron.

January 19, 1912 is the official anniversary of the hiring of the first woman in the SDPD, but there has been some controversy over just how accurate this history of the department is.

According to records at the U-T San Diego archives, “San Diego Police Chief Keno Wilson hires the first female department employee; police widow Rose Longacre, as a jail matron for female prisoners.” This was recorded on January 19, 1912. The San Diego Police Museum, as well as a book titled “History of the San Diego Police Department,” written by Chief William Lansdowne and Steve Willard in 2005, cite Longacre as the first female employee of the department also.

There are some records that credit a woman named Ida Griffin as the first female employee of the SDPD. Griffin had been hired either in April 1912 or Christmas Eve that year to fill a similar role.

History is often recorded inaccurately, which can lead to confusion in the future. However, there are several sources Read more »

Finding a Bondsman for Orange County

If a friend or family member ever finds themselves in the Orange County Jail, it’s important to know the options for getting them a bail bond. An arrest can turn your family’s whole world upside down. The bail bond process can be overwhelming for those who have never worked with it before. When you understand what to expect throughout the process, it can help ease the stress of the situation.

When you need Orange County bail bonds, the right bondsman will be one who:

• Is available 24-hours a day, 7 days a week

• Works quickly

• Can work with any jail in Orange County

• Will explain the entire process to you

• Charges the fee set by the California Department of Insurance

• Has convenient office locations

• Offers free consultations

• Provides convenient payment options and finance plans

Arrests don’t always happen at the most convenient hour. You want to find a bail bonds Read more »

Musick Jail Expansion Plan Approved

The plan to expand the James A. Musick Jail was given the go-ahead on Tuesday by Orange County supervisors. Sheriff Sandra Hutchens was given permission to apply to a California state for a $100 million grant.

The planned expansion is going to add another 512 beds to the Musick Jail. In the past, expansion attempts have been met with lawsuits and protests. Officials from the Sheriff’s Department have assured the county that the jail will only hold minimum security inmates.

There are still many who are critical of the expansion, seeing it as the first step in expanding the jail from a 1,250-bed facility to a 7,500 bed facility over time. Councilman Jeff Lalloway fears that the county has plans to set up a full-scale prison in the middle of the community.

Sheriff’s officials point to the recent realignment as Read more »

Orange County Jails Out of Room – Out of Money

California County Jails Face Overcrowding from Realignment

During the first month after the new jail realignment plan was set in place, Orange County jails have received nearly double the number of inmates that was expected. This is raising concerns with county officials that there may soon be no empty beds.

The offenders being sent to county jails are those not considered violent and non-sex offenders. Orange County was told to expect about 143 additional inmates to its correctional system due to the realignment. In actuality, the county booked an additional 292 inmates last month.

Orange County Sheriff Sandra Hutchens said, “That’s a concern now. This was supposed to be a slow month, and it’s not. My concern is h Read more »

Newport and Costa Mesa Looking at Cost-Saving Partnership

Two Orange County Jails to Join

The Newport Beach Jail and Costa Mesa Jail are considering several different options to help cut their costs.

At this weeks council meeting in Newport, Councilwoman Leslie Daigle proposed that the city look into contracting jail services and hiring guards from a private firm to supplement existing staff at the jail.

Police Chief Jay R. Johnson of Newport and Costa Mesa’s Interim Police Chief Steve Staveley have both confirmed that both cities are considering sharing or altering their jail facilities.

Both cities are also looking into other ways to reduce costs, like combining their 911 dispatch and maintenance of the police departments’ fleets. There has been no discussion of combining the two departments. Newport Beach is considering the proposal from Costa Mesa that would let officers book anyone they arrest into the Newport Jail, said City Manager Dave Kiff.

Guards from a private security firm would have to be hired to help bolster the staff of the jail since current staff cannot handle an influx of Costa Mesa inmates.

“The advantage to this is a measured approach to switching from public to private and gives us time to ensure we are happy with the private contractors’ service, as well as train them with our own custody officers,” said Johnson in a recent email. “If we become comfortable with the service, one option would be to replace the remainder of our own custody officers with the private contractor through attrition.”

The cities are also considering sharing Read more »

Orange County Bondsman To Do Time For Referrals

Orange County bail bondsman Ronald Lee Brockway owner of Respect Bail Bonds was convicted for soliciting attorney referrals and drumming up bail business from inmates inside jails. He was sentenced last week to one year in jail and three years of formal probation for the illegal bail bond scheme.

Brockway plead guilty to two counts in violation of bail license regulations. According to California bail law, bail bondsmen may not solicit any business directly from someone in jail. They also cannot recommend attorneys to bail bond clients, whether or not there is any money involved.

Brockway delivered several emails to Orange County attorneys asking them to participate in the scheme with his company. He suggested they refer business to his agency in exchange for referring clientele to them.  It is illegal for a bondsman to refer clients to an attorney.

He was so egregious as to Read more »