Michigan and Ohio should should embrace the momentum evident in both states to set more humane bail bond laws.
Too many people are sitting in jail waiting for trial even though they are not a threat to the community because judges are setting cash bail requirements.
Ohio Supreme Court Chief Justice Maureen O’Connor remonstrated with those judges that the court is not supposed to be an ATM for the local government.
Time in jail can cause loss of a job. It can be disruptive and destructive to family life. And sometimes it’s not even necessary to keep the community safe and to ensure the accused shows up for trial.
New legislation in Michigan would allow more people to be released on their own recognizance before trial rather than being released only after they pay. Democratic Attorney General Dana Nessel backs the changes. She recalled representing defendants who were jailed awaiting trial on charges for which they ended up getting probation. The bills have some Republican backing, too.
Chief Justice O’Connor has convened a task force to study the state’s bail system for possible changes. The committee will compare Ohio’s bail and pretrial systems with those in other states. It will also study state and federal lawsuits challenging the use of cash bail.
The report from the 24-member task force is due in April.
Legislation failed to move forward last year in the Ohio General Assembly requiring judges to consider releasing a pretrial inmate on nonmonetary conditions, rather than by imposing a financial bail.
Judges would have been required to use a public safety assessment tool to determine if the defendant is likely to show up for court dates and how likely the defendant is to commit a crime while out of jail.
Lucas County has been using this tool since 2015 and it’s paying off with lowered inmate counts. A recent report showed total jail population at 383, well below the 468-inmate cap set by a federal court order.
The concept has some opposition. The bail bond industry, seeing a possible loss of business in the bill, is fighting it. Victim advocates, who fear that victims will be endangered, also oppose it.
There are alternatives to release on recognizance. Some jurisdictions use ankle monitors instead of monetary bond. The community is better served with bail laws that don’t contribute to individual and family chaos, not to mention the cost of boarding a huge jail population.
First Published March 24, 2019, 10:00 a.m.
