Pubdate: Thu, 10 Aug 2017
Source: Tennessean, The (Nashville, TN)
Copyright: 2017 The Tennessean
Contact: http://www.tennessean.com/SITES/OPINION/submit-editor.shtml
Website: http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author: Stephanie Ingersoll

LAWMAKER TO PUSH BOUNTY HUNTING CRACKDOWN AFTER FATAL CLARKSVILLE
SHOOTING

NASHVILLE, Tenn. -- A state lawmaker said he will propose legislation
in January to tighten laws governing bounty hunters and bonding agents
in the wake of a fatal shooting in Clarksville.

On Wednesday, Rep. Joe Pitts held a meeting with representatives from
the Tennessee Sheriff's Association, Tennessee Association of
Professional Bail Agents, Clarksville Police Chief Al Ansley and
Montgomery County Sheriff John Fuson, among others.

Pitts said the meeting was sparked by a series of articles by The
Leaf-Chronicle that examined laws pertaining to bounty hunters and
bonding agents. In some cases, the laws are unclear. In others, the
laws are simply being ignored.

"Obviously, as a result of the April incident that happened in
Clarksville, we have to make some changes, and I am confident based on
the meeting (Wednesday) that we can get there," Pitts said. "We still
have some work to do to narrow it and build some accountability into
state law, but we will get there."

Four bondsmen and three bounty hunters were charged with murder in the
April 23 fatal shooting of 24-year-old Jalen Johnson Milan.

An investigation by The Leaf-Chronicle found that none of the men had
registered with the Montgomery County Sheriff's Office, none went to
the Clarksville Police Department to provide a certified copy of the
bond or capias and plans on apprehending the fugitive they were
looking for, and some wore uniforms and badges that the group on
Wednesday agreed made them appear to be law enforcement.

All of that is against Tennessee law, but the group assembled
Wednesday agreed there has been little enforcement of those laws
across the state.

The bounty hunters are accused of setting up a drug deal in hopes that
William Ellis, who had jumped bond, would show up. But he was not in
the car with four people, including Milan, who arrived at a Walmart
Neighborhood Market when members of the bondsmen ran up to the car,
opened fire as it drove off and then pursued the victims through
traffic, according to law enforcement.

None of the men in the car had active warrants.

Even the definition of "bounty hunters" is something the proposed
legislation might change or clarify. According to state law, a bounty
hunter acts as an agent of a professional bondsman to take into
custody a person who has failed to appear in court and whose bond has
been forfeited. The bounty hunter is paid a fee contingent on
returning the person to the custody of a professional bondsman.

While the wording of any changes still has to be worked out at future
meetings, some said the word "agent" should be removed and that anyone
acting as a bounty hunter, including bondsmen, clearly fall under the
numerous laws meant to govern bounty hunters.

Some expressed concern that bounty hunters are trained only on the law
and suggested they be required to take additional training on any
equipment or weapons they plan to use. There was also talk of making
bounty hunters and bondsmen register with the Sheriff's Office in
their jurisdiction every year.

Although the law already calls for bounty hunters to register with the
Sheriff's Office, not one had registered in Montgomery County before
Leaf-Chronicle stories prompted them to. Four are now registered locally.

Some suggested that the information about the requirements needs to be
widely distributed and there needs to be an enforcement mechanism for
those who break the law.

In a letter to Pitts, Chief Ansley wrote that because of the fatal
shooting, he wanted to express concerns and ideas. He also shared them
at the meeting.

"After doing some research, it is obvious throughout the country, that
there is not a whole lot of agreement on how bounty hunters should be
regulated," he said.

He said there needs to be a "responsible oversight agency at the state
or local level to oversee, validate and verify bondsmen and bounty
hunters are adhering to statutory requirements."

"This situation was brought to light after it was discovered very few
bondsmen or bounty hunters had registered, possessed documentation or
had the training required by statute," he said.

Ansley said there needs to be more training for bondsmen and bounty
hunters.

"Eight hours training seems insufficient for individuals who
potentially have to exercise use of force, enter residences to
apprehend bail jumpers, and have to oftentimes chase a person. ...
Their training should also address some of the restrictions associated
with their professions, such as being unauthorized to pursue vehicles
or buy/bust operations."

Ansley also said bounty hunters should have standardized
identification.

"Bounty hunters wear any number of different garb ranging from shorts
to tactical clothing, some with lettering identifying them with titles
such as 'Fugitive Recovery Agents,'" Ansley said. "Also, many bounty
hunters wear clothing mimicking law enforcement to include badges,
even though prohibited by statute."

He said more stringent laws and penalties are needed to hold bounty
hunters and bondsmen accountable for their actions.
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