On Tuesday, August 23rd, San Jose‘s City Council is set to vote on new regulations controlling the location and hours of bail bonds businesses. The contemplated city ordinance would install a set of highly restrictive and deliberate regulations governing where and how San Jose bail bonds agencies can establish a business location.
The newly proposed bail bonds ordinance will force new bail bonds agencies to locate no more than 200 to 300 feet from schools, parks, homes and other bail agencies. Furthermore, bail agencies would not be allowed to occupy ground floor, retail space around or in the jail area. A city conditional permit must be obtained by any bail bond agency operating in the jail area between 12 a.m. and 6 am. No permit is necessary during those hours in other areas of the city if the agency isn’t receiving customers in person.
As one might expect, area bail bondsmen are dissapointed with the possibility of these new rules? They feel it is an assault on the citizens’ constitutional rights to obtain bail as protected in the 8th amendment. They are concerned the regulations will make it difficult for jailed citizens receive bail at a reasonable price and hour. C. Jeffrey Stanley, founder of Bad Boys Bail Bonds, argues that any major city has bail bonds agencies near the jail. He says “If you don’t want a bail agency, don’t move a block away from the jail.” Residents who live near the main county jail say “All of a sudden bailbonds agencies started popping up everywhere. Now there is nothing but bail agencies!” The proposed regulations are supposed to address a number of area residents' concerns such as: the concentration of bail agencies along N. 1st Street and their late night operations. Neighbors feel these are a nuisance and lessen their property values by changing the fabric of their community.
Councilman Sam Liccardo, who represents the area, along with other council members agree. City officials believe the proposed regulations are reasonable and “meet a reasonable balance between expectations of the industry and the needs of the community.” Officials also noted that other big cities require permits for late night operation. However, the conditional use permit is just one of the many restrictions contemplated by the ordinance.
Santa Clara County Supervisor George Shirakawa Jr, believes the proposed rules are out of line. He says the use permit requirements would add costs that would be passed along to people needing bail and that these costs would make it harder for folks who are already facing financial hardships. Critics of the proposed rules also feel that Bondsmen are being unfairly blamed. They state that bail customers are usually the responsible friends and relatives of an accused criminal and note that late night riff raff comes from the light rail not the bail bond customers.
