BAIL REFORM CONSENSUS STUDY. Prepared for Winter Workshop January 26, 2019 Updated February 2019

Similar documents
Submit Report to: Melanie Cox Submit Report by: March 30, 2019 Contact Person for Questions:

Jail Population Trend Report April - June 2016

Historical unit prices - Super - Australian Shares

KENTUCKY BAIL STATUTES

Bail Right to bail; recognizance or unsecured appearance bond. Secured bonds. Factors to be considered in determining conditions of release.

Short-Term Transitional Leave Program in Oregon

The Judiciary, State of Hawai i

Pretrial Services and Bail Funds Increasing Access to Justice

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PRELIMINARY INJUNCTION

(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release

FREQUENCY OF SIGNATURE BONDS IN DANE COUNTY CRIMINAL CASES:

Pretrial Release of Felony Defendants, 1992

Cairns Airport financial year passenger totals.

PRINCE GEORGE S COUNTY

POLICY BRIEF: BAIL REFORM IN NEW YORK

crossroads AN EXAMINATION OF THE JAIL POPULATION AND PRETRIAL RELEASE

Chart A Initial Release Decisions for Criminal Justice Reform Eligible Defendants January 1 December 31, 2017

Introduction. CJEC Estimated Prison Admissions Versus Actual Admissions* Number of Inmate Admissions 3,000 2,702 2,574 2,394 2,639 2,526 2,374

PRETRIAL SERVICES. Why Sheriffs Should Champion Pretrial Services

Are Courts Required to Impose the Least Restrictive Conditions of Bail? Are Courts Required to Consider Community Safety When Imposing Bail?

State Policy Implementation Project

1 PEW RESEARCH CENTER

I WANT YOU TO REMEMBER IT'S "BAIL" BEFORE "JAIL" SO YOU BETTER NOT "FAIL." OSCAR MADISON

SUPERIOR AND DISTRICT COURT DIVISIONS ADMINISTRATIVE ORDER

Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

Maryland Laws on Bail Page D-1. Maryland Declaration of Rights

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, , amend (3) and (5) as follows:

SENATE BILL NO. 33 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

Presentation to The Bail System Task Force on Laws as to Judicial Branch Procedures. December 17, Elizabeth Buckler Veronis Task Force Staff

Tariff 9900: OHD Percentage Based Fuel Cost Adjustment Historical Schedule ( )

TESTIMONY OF: Lisa Schreibersdorf Executive Director BROOKLYN DEFENDER SERVICES PRESENTED BEFORE. The New York City Council

Ventura County Probation Agency. Juvenile Detention Alternative Initiatives and Pretrial Services

I. Setting Conditions of Release A. New Rebuttable Presumption Against Release - Firearm Offenses

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT COURT OF CALIFORNIA

COOLIDGE POLICE DEPARTMENT. Monthly Activity Report

Course Court Systems and Practices. Unit X Pre-trial

Where the Reform Is Coming From

2. Do you approve or disapprove of the job Congress is doing? Sep 08 17% 73 9 Democrats 28% Sep 08 23% 68 8 Republicans 10% 87 3

NC General Statutes - Chapter 15A Article 26 1

Site Presentation 32 nd Circuit. Randall Rhodes James Johnson

[Bail] Pretrial release. A. Hearing. (1) Time. The court shall conduct a hearing under this rule and issue an order setting conditions of

Bail Frequently Asked Questions

Senate Committee on Criminal Justice (515) THE NEED FOR PRETRIAL DIVERSION

2015 COURT CALENDAR CUMBERLAND COUNTY, PENNSYLVANIA DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

CHIEF JUDGE ORDER SETTING FORTH BOND GUIDELINES

Defending a Federal Criminal Case: Detention & Release. Lunchtime CLE April 3, 2015 Laine Cardarella Federal Defender, WDMO

Pretrial release. A. Hearing. (1) Time. If a case is initiated in the district court, and the conditions of release have not been set by the

State Court Processing Statistics: Background, Current Findings, and Future Directions

IN THE MATTER OF PROMULATING ) LOCAL RULES RELATING TO BAIL ) AMENDED ORDER AND PRETRIAL RELEASE FOR ) JUDICIAL DISTRICT 8-B )

Police and Criminal Evidence (PACE) Order Statistics

20 Questions for Delaware Attorney General Candidates

January 10, Judges of the 22 nd Judicial Circuit Court (St. Louis City) 10 N Tucker Blvd. St. Louis, MO, 63101

Criminal Justice Reforms

REALIZING POTENTIAL & CHANGING FUTURES

Summit County Pre Trial Services

1. How many people have been arrested under s144 LASPO (or offence code 125/86)?

TREND: Do you approve or disapprove of the way Donald Trump is handling his job as president?

Title 15: COURT PROCEDURE -- CRIMINAL

Taking Bail Notes. 1. Introduction. a. Importance of Pretrial Release

PUBLIC MEETINGS. Please see the City of Geneva Public Meeting Guide for more information regarding City Council and Committee of the Whole meetings.

THE GEORGE WASHINGTON BATTLEGROUND POLL

DeKalb County Pretrial Services. 2 Year Review

Bail: An Abridged Overview of Federal Criminal Law

Human Rights and Arrest, Pre-Trial and Administrative Detention

Police and Criminal Evidence (PACE) Order Statistics

Marijuana: FACT SHEET December 2018

New Jersey Juvenile Detention Alternatives Initiative (JDAI) 2010 Annual Data Report

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

Piece of the Puzzle, Part of the Whole. Bail Bond Forfeitures, Judgments NISI, and Final Judgments

Juveniles Charged as Adults and Held in Adult Detention Facilities: Trend Analysis and Population Projections

1 SB By Senators Melson and Ward. 4 RFD: Judiciary. 5 First Read: 11-JAN-18. Page 0

IN THE SUPREME COURT OF FLORIDA. Comments of Circuit Judge Robert L. Doyel

Rep Dem Party Party DK/NA

FOR RELEASE: TUESDAY, FEBRUARY 17 AT 12:30 PM

NORTH CAROLINA RACIAL JUSTICE IMPROVEMENT PROJECT: YEAR 2 EVALUATION FINDINGS. PREPARED FOR: The American Bar Association, Criminal Justice Section

#No215Jail & #No215Bail Our Goal: End Cash Bail in Philadelphia

STUDENT STUDY GUIDE CHAPTER SEVEN

Senate Bill 10 California Money Bail Reform Act of 2017 As Amended September 6, 2017

Seek, Test, Treat and Retain for Criminal Justice Populations: Data Harmonization Measure

Pretrial Activities and the Criminal Trial

Order [setting conditions of release and appearance bond] for release on recognizance by designee. [No.] v. No.

2. Do you approve or disapprove of the job Congress is doing?

CRIMINAL DEFENSE COURT PROCESS

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULES 3:26 BAIL

Court of Appeals No.: 04CA1794 City and County of Denver District Court No. 03CR1499 Honorable Sheila A. Rappaport, Judge PETITION DENIED

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

September Against the Odds. Experimenting with Alternative Forms of Bail in New York City s Criminal Courts. Insha Rahman

Do you feel things in the country are going in the right direction, or do you feel things have gotten off on the wrong track? 67% 56% 51% 51% 49% 49%

The Florida House of Representatives

New Jersey JDAI: Site Results Report Prepared for the Annie E. Casey Foundation September, 2006

THE EFFECTIVENESS AND COST OF SECURED AND UNSECURED PRETRIAL RELEASE IN CALIFORNIA'S LARGE URBAN COUNTIES:

OFFICE OF THE ASSOCIATE CIRCUIT JUDGES Thirteenth Judicial Circuit Court Boone County Courthouse 705 E. Walnut St. Columbia, MO 65201

NATIONAL ASSOCIATION FOR PUBLIC DEFENSE FOUNDATIONAL PRINCIPLES

December 2, 2013 _January 6, 2014_ Andrew A. Pallito, Commissioner Date Signed Date Effective

FOR RELEASE: WEDNESDAY, SEPTEMBER 2 AT 2 PM

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

MECKLENBURG COUNTY PRETRIAL RISK ASSESSMENT & PRAXIS. Instruction Manual

2018 Questionnaire for Prosecuting Attorney Candidates in Washington State Introduction

OFFICE OF THE ASSOCIATE CIRCUIT JUDGES Thirteenth Judicial Circuit Court Boone County Courthouse 705 E. Walnut St. Columbia, MO 65201

Transcription:

BAIL REFORM CONSENSUS STUDY Prepared for Winter Workshop January 26, 2019 Updated February 2019

BACKGROUND 2017 LWVMD state convention adopted the bail reform study. The study was expanded to include the entire pretrial system since it was impossible to separate bail from the other components. 2

Pretrial Justice System Presumption of innocence until found guilty of a crime. Preference for liberty pending trial. If necessary to protect public safety and assure the defendant s appearance at trial, conditions of release may be imposed. 3

Evolution of Pretrial System in MD The system lacked standards and consistent application. Resulted in increasing number of people held before trial and disproportionate impact on racial minorities and economically deprived citizens. Defandants, some of whom where innocent, lost jobs, custody of their children. Increased cost to taxpayer. 1 / 4 of people in jail were waiting for trial. 4

Oct 15, 2016 Attorney General Frosh urged MD Court of Appeals to change Rule 4-216 Rule provides criteria and standards to apply during pretrial hearings. AG argued Rule s application was inconsistent with state and federal law. Resulted in disproportionate impact on communities of color, often separating them from their families and jobs. Add a footer 5

February 2017 MD Court of Appeals amended Rule 4-216, effective July 1, 2017 Requires judges to consider individual circumstances of the defendant, especially financial. No bail may be imposed that results in detention of the defendant solely because of inability to pay Add a footer 6

What is Bail? A financial condition of release intended to guarantee that the defendant will be present at trial. Assets can be pledged by the defendant or by a bail bondsman who charges the defendant a premium (usually 10% of the amount of the bail). The pledged amount is returned when the defendant appears for trial. The premium is not refunded. U.S. and Philippines are the only 2 countries that use bail. Add afooter 7

NO RELEASE Pretrial detention ordered only if bail commissioner deems no pretrial conditions are sufficient to: protect the public s safety and ensure the defendant s appearance in court. Pretrial detention must be reviewed immediately by a judge. 8

BAIL HEARING Held before Bail Commissioner in District Court to: determine probably cause set pretrial conditions, if any. Imposition of pretrial conditions and detention reviewed by a judge. Serious felony crimes heard by a Circuit Court judge. 9

Arguments Against 2017 Rule Change Former Solicitor General Paul Clement Prior practice constitutional and effective if enforced properly. No constitutional right to affordable bail. Maryland Police Chief s and Sheriff s Assn Sends message that judicial system doesn t support arresting officers or hold defendants accountable; Government not prepared to provide needed services; Additional demands on law enforcement; Bond creates accountability; gives police an ally. Attorneys representing crime victims Most dangerous time is right after defendant is released.

Arguments In Favor of Bail Bail Bond Industry Recidivism rate is higher for defendants released without bond. Risk assessment tools are not standardized. Others Government lacks resources to chase down offenders. Bail gives judges another sentencing option in the absence of adequate pretrial services. 11

Table 1: Disposition at Initial Appearance 50% 40% 30% 20% 10% 0% Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Cash Bail Imposed Released w/non-financial Conditions Released on Own Recognizance Held w/o Bail

Table 3: Disposition after Bail Review Hearing 80% 70% 60% 50% 40% 30% 20% 10% 0% Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Cash Bail Imposed Released w/non-financial Conditions Released on Own Recognizance Held w/o Bail

Table 5-A: Total FTA as % of Total Initial Appearances 14% 12% 10% 8% 6% 4% 2% 0% Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18

Table 7: Pretrial Detention Rates 70% 60% 50% 40% 30% 20% 10% 0% Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Posted Bail in 0-5 Days Held Pending Bail 6+ Days Detained Released (No Cash Bail)

RESULTS Unsecured releases have increased Number of defendants assigned bail has decreased Number of defendants held without bail has increased Add a footer 17

CRITERIA TO BE USED Nature of the crime Defendant s prior record of appearance at trial Family situation Employment status Financial resources Danger to self or public

19 RISK ASSESSMENT Scoring system of various criteria to assist judicial officials in determining whether to impose bail or other conditions Empirically Validated Risk Assessment Tool Data-based to eliminate factors such as race, gender, socioeconomic status. 6 counties in Maryland use risk assessments. Only St. Mary s and Montgomery use a validated risk assessment tool.

Study Questions: q Yes q No q No Consensus

21 A person accused of a crime should be released awaiting trial without bail if: a. a risk assessment tool indicates that the defendant is likely to appear in court; Question 1 b. the defendant does not pose a threat to victims, others or the community; c. the jurisdiction has pretrial services to monitor and/or treat the defendant;

22 Conditions for pretrial release should be determined based on: va validated, evidence-based, race-neutral risk scoring instrument; Question 2 vinformation presented at the initial appearance and bail review hearing; van in-person assessment of the defendant whenever possible; vjudicial discretion;

23 vshould bail be abolished Even if you said, Yes to question 3 above, please answer question 4. Questions 3 & 4 vif bail continues to be authorized by law, it should be imposed: if there is a risk that the defendant will not appear in court for trial; with consideration of the defendant s ability to pay bail; if all alternatives have been considered and rejected. Add a footer

Pretrial Services Services for people who are awaiting trial Monitoring, drug and alcohol treatment, job training, etc. In 2017, 13 counties provided some form of pretrial services, 11 did not. Maryland establishing Pretrial Services Program Grant Fund in 2018 to increase and improve county pretrial services across the state. Add a footer 24

Pretrial Diversion Overseen and supported by the Office of Problem Solving Courts. Defendant pleads guilty and agrees to be subject to the conditions imposed by the Court. Drug courts, mental health courts, teen courts. Veterans courts, etc. 21 of 24 MD counties have some form of pretrial diversion. 25

Question 5 Pretrial services should: a. be required in all jurisdictions; b. provide supervision and use automated means of ensuring court appearance, when possible; c. include a range of services including treatment programs, when possible.

Question 6 Funding for pretrial services should be: 1. partially funded by the state, with the balance funded by the counties 2. fully funded by the state 3, based exclusively on savings realized through reduced prison populations; 4. approved without regard to savings realized through reduced prison populations; 5. partially funded by financial contribution from defendant, when appropriate. 27

Bail Bond Agents Licensed by MD Department of Insurance Must have worked in bail bond field for at least one year Must pass an initial exam Must post a surety bond Must take continuing education classes Add a footer 28

Bail Bond Agents Allegations of abuse Intimidation of defendants Cases of extortion, theft, kidnapping. Addition of fees on top of required premium 29

vshould the use of bail bond agents be disallowed Questions 7 & 8 Even if you said, yes on question 7, please answer question 8. vbail bond agents should be: a. closely regulated and monitored b. subject to recourse for abuse c. utilized to supervise released defendants and track down any who fail to appear 30