Pretrial Release:A Criminal Justice Pandemic
Thousands of Violent Defendants
Are Released Everyday
To Roam
Our Streets and Neighborhoods
AND YOUR TAX DOLLARS
ARE PAYING FOR IT!
Q 1. What is Pretrial Release?
A 1.
It is normally a local government entity thatreleases criminal defendants from jail, at no cost to
the defendant.
Q 2. Where does Pretrial Release get its money?
A 2.
Their operations are normally funded by localtax dollars. An average Pretrial Release program can
have a budget in excess of $1 million.
Q 3. How did Pretrial Release get its start?
A 3.
It can be traced back to the early 1960’s as ameans of providing release to the financially indigent
defendant who was not charged with a serious crime.
Q 4. Isn’t that a worthwhile program?
A 4.
Yes, but the unfortunate fact is that these typesof programs have been expanded beyond the original
scope of just providing for the release of the nonviolent
indigent.
Q 5. So, what’s wrong?
A 5.
This method of release is now being applied todefendants charged with a wide range of criminal
offenses, including violent felons, who are financially
capable of paying for their release if required to do so.
Q 6. Once it provides a defendant with a free release,
then what is its function?
A 6.
The program is supposed to maintain contactwith the defendant and make sure that person comes
back to court, as directed, until the case is over.
Q 7. Does it do a good job of this?
A 7.
No. It has a very high failure-to-appear rate. Infact, 10 percent of defendants released on unsecured
bonds were fugitives after one year as compared to
three percent of defendants released on commercial
bail.
Q 8. When the defendant subsequently fails to
appear in court, is anybody held responsible?
A 8.
Other than the defendant, no. No one isfinancially responsible for the defendant’s failure-to
appear.Q 9. Does anyone within the Pretrial Release
program go after them?
A 9.
No. The apprehension of the defendant is usuallyleft to the local law enforcement officers - where it is a
low priority.
Q 10. Doesn’t this form of release appear to actually
‘reward’ the defendant?
A 10.
It can certainly be viewed in that way.Defendants enjoy their release from custody at
no financial cost and have no subsequent direct
supervision which will require their appearance in
court. Nor is there a financial penalty required of
someone because of a defendant’s failure to appear in
court. Nor does anyone go after them.
Q 11. Doesn’t this method of release seem to support
the idea that “if you reward poor performance, you
just get more poor performance?”
A 11.
Yes it does. It also sends the message todefendants that the crime(s) for which they are
accused are not taken seriously by the community.
Q 12. Doesn’t this penalize the taxpayers?
A 12.
Yes. The local taxpayers, through the use of theirtax dollars, have a criminal defendant released back
into the community without any direct supervision
guaranteeing appearance in court. Nor is there a
party being looked to by the community to bear a
financial burden in the form of a penalty for the
defendant’s failure-to-appear. Most importantly, the
local community is exposed to the continued threat
that the defendant may commit additional crimes
while out on release.
Q 13. Can’t this be perceived as a type of taxpayerfunded
“criminal welfare” program?
A 13.
Yes it can. The taxpayer pays for the lawenforcement personnel who initially arrest the
suspects, who are then housed in a taxpayer-funded
jail. Defendants are then provided with taxpayerfunded
public defenders and released under a
“free release” program as described above. If the
defendants do eventually appear in court (paid for
by the taxpayer) and are convicted of the charges,
they are incarcerated in a taxpayer-funded prison.
At no point do the defendants assume any financial
responsibility for their own actions.
Q 14. Are most local taxpayers aware such a program
exists?
A 14.
No.Q 15. Is there an alternative way for defendants to be
released prior to their trials?
A 15.
Yes. It is called the commercial bail bondindustry.
Q 16. How does it work?
A 16.
The defendant, or a family member or friend,engages the services of a licensed bondsman, who
possesses a state-issued insurance license to secure his
release from custody.
Q 17. Does this cost the taxpayer?
A 17.
No. To the contrary, should the defendant failto appear, the bondsman agrees to surrender him to
court or pay the authorities the full amount of the bail
bond posted to secure the defendant’s release.
Q 18. So under this method, are the defendants, their
friends or family held financially accountable for
their actions after release as well as for their initial
release from jail?
A 18.
Yes.Q 19. Isn’t this a fairer and more cost effective
method for the taxpayer?
A 19.
Yes.Q 20. Does ALEC have model legislation on this
topic?
A 20.
Yes, the Citizen’s Right to Know Act calls fortransparency and accountability in Pretrial Release
programs. A copy can be found at
www.alec.org.
Comments