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)
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
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.