SB11-186 Alternative to Bond Program – Bad Idea for Liberty

May 1, 2011

For those who have not had to deal with the court system this may seem like a non-issue but the reality is that the trend to move to a pre-trial system is a threat to our Liberty.  In the traditional sense of obtaining bail a person puts up money or property to be released from jail while awaiting trial which ensures that the person appears for their court hearing.  This method is and should be based on the core principle that you are innocent until proven guilty.

With the new pre-trial system being implemented via the tried and true method of incrementalism, a person only has to pay a small portion of “bail” and then is subjected to numerous conditions which presume guilt.  Examples of pre-trial services are drug testing, substance abuse classes, anger management classes and so forth.  Upon appearance in court and if a person is found INNOCENT their bond is returned to them LESS the cost of pre-trial services.  Does pre-trial services sound like a legal service that is based on the core principle of innocent until proven guilty?

This is what SB11-186 proposes to further entrench statewide into our legal system.  The following was written by Vicki Marble who is well versed in the area of bail bonding and urges the House committee members to vote on this bill which endangers our liberty and freedom.

VOTE NO” on HB11-186

SB11-186  The State Public Defender Chair testified at the Senate Judicial Committee,

that he did not like Pretrial conditions imposed on defendants.  This Bill is

set up to partially fund Pretrial Services(PTS) throughout the State.

SB111-186 PTS is never going to be a self sustaining program.  Larimer County runs on a

Pretrial/Cash(Deposit Bond) system.  Larimer County Commissioners started

their Pretrial services with: 1) FOUR MILLION out of Roads and Bridges

2) 1.7 million/year tax payer dollars

3)  money from grants and Federal Stimulus

SB11-186  Judges already have 5 options for setting Bail, Deposit Bail is one of them:

1) CASH ONLY/DEPOSIT BOND (Illegal for Private Bail Agents to write)

2) PROPERTY

3) SURETY

4) PR

5) PR/CO

SB11-186  Larimer Tax payers were told: 1) Pretrial/Cash( Deposit Bond)system would

empty the jail. 2) Reduce recidivism 3) Save the tax payers money. It has NOT

accomplished any of the goals. Larimer Jail is full(capped). Defendant

recidivism is high. Fort Collins implemented a new.85 sales tax with the bulk

of it going to hire additional new patrol officers and Investigators to go after

Pretrial skips. Larimer County is now spending $20,000.00 on a survey to sell

the public on a Jail Tax (which will go on the next next ballot) for Jail expansion

and new Patrol Officer hires. Year after year, this program costs tax

payers more and more money, with no results.

SB11-186  Is set up to fund Pretrial Services. Pretrial is not organic to this Country. It is

not based in our Constitution.  This may be why many Jurisdictions have not

adopted it. Pretrial is an International Program, the brain child of George Soros

and his “Open Society”.

SB11-186 Is the First Step in rendering the Private Bail Industry obsolete. Neil Gluckman,

Assistant Larimer County Manager, said in the Loveland Reporter Herald, ” We

are looking to move Bail from the Private Sector to the Public Sector”.  Larimer

County had 23 Private Sector Bail Companies in 2005. Today, six remain.

(because the Bail Agents homes are in Larimer County).  The

bulk of their work comes from Surety Bonds set in other Jurisdictions. Larimer

County is using Deposit Bail/Cash Bonds to eliminate Private Sector Bail.

SB11-186  Will not keep our community safe. Pretrial is not accountable or responsible

to find and arrest defendants who fail to appear while under

Pretrial Supervision. Defendants run the system. Defendants see the Deposit

Bond system as “Crime for a Fee”. No need to go to Court because no one will

come looking for you when you skip. Our Courts/Pretrial fail to protect the

citizens from potential danger and further crime.

SB11-186  Will cost the tax payers millions, perhaps billions. Philadelphia, Pa. runs on

the Deposit Bond system. A 2009 audit of their Deposit Bond System

shows they have 47,000 outstanding Felony Failure to Appear warrants and

they are one Billion dollars in the red.

SB11-186  Courts trade Adjudicating Law for the Collection of Revenue. The Courts were

not meant to be a collection agency. This Bill does not lend a solution to

the problems Courts face in Adjudicating cases before them.

SB11-186  The State will loose well over 2 Million dollars a year in revenue brought in by

the Private Bail Industry. Private Sector Bail has never cost the Tax Payer or

State a dime. Pretrial costs tax payers millions in the Counties where they

operate.

SB11-186  Encourages an inconsistent Pretrial system to take over the Private Sector

Bail Industry.  Defense Attroneys have noticed and documented inconsistent

Bond amounts and Pretrial Conditions being set for Defendants. Lack of proper

training,educaton and absence of Pretrial employee oversight may be partly to

blame. First time misdemeanor offenders can receive harsher Pretrial

conditions than Defendants who have prior/muliple felony drug convictions and

Failure to Appears.

SB11-186 Is Government expansion with no oversight.

SB11-186 Is not supported by many Defense Attorneys and tax payers.

There are many INDEPENDENT STUDIES on Private Sector Bail vs. Pretrial Services/ Deposit Bonds. 1) The Virginia Study

2) The Chicago Study(University of Chicago, School of Law)

3) George Mason University, School of Economics

4) The LA Study

These are a few in the list of Independent studies and Private Sector Bail is the winner every time.  Studies put forth by those in favor of SB11-186 are not Independent studies, but, studies done by Pretrial, complete with manipulated numbers and facts, or by other Government Agencies who have a dog in the fight.

Comments

comments

× Comments are closed.