| "A trend has been occurring over the past 20+ | | | | a bail bond) for the arrestee to appear. Of |
| years. This trend has been occurring in every | | | | course, the government union worker at Pretrial |
| state throughout America. What is this trend? It is | | | | Release is not held accountable for the |
| called various names but most commonly it is | | | | appearance either. |
| called ""Pretrial Release"". Our nation's ""Justice | | | | The most often given reason for the existence |
| System"" has contained ""bail"" as an integral part | | | | of Pretrial Release is to help reduce jail |
| since inception. Reasonable bail is addressed even | | | | overcrowding. However, at what cost? The failure |
| in our Constitution. | | | | to appear rate is higher for Pretrial Release than |
| When someone is arrested and booked into a | | | | for those released on bail (cash and bail bond). |
| county jail or a local police department jail, the | | | | Also, consider this: arrestees released on bail (cash |
| charge or charges are formalized and bail is set. In | | | | or bail bond) costs the county nothing. It is |
| most counties, the Presiding Judge in concert with | | | | essentially a user paid system that includes an |
| other judges annually review and adjust the bail | | | | incentive to appear in court. Pretrial Release costs |
| amount for each offense specified by statute | | | | the taxpayers and has virtually no incentive for |
| other than capital offenses. By creating and | | | | the arrestee to appear. In all cases the Pretrial |
| maintaining a ""bail schedule"", judges are not | | | | Release staff are government workers and in |
| needed to set bail for each arrest. This is helpful, | | | | most cases, government union workers. Their |
| especially after hours and on weekends, to quickly | | | | pay and benefits add up on the taxpayer's tab. |
| set an arrestee's bail so they can bail out. Once | | | | The money freed up by doing away with the |
| bail is posted, the arrestee is released with a | | | | cost of Pretrial Release would be better served in |
| court date to appear and a financial reason to | | | | supporting the jail law enforcement staff and |
| appear. In the case of an arrestee buying and | | | | even used to add jail capacity if needed. |
| posting a bail bond, the financial reason goes to | | | | Another problem with Pretrial Release is the |
| the bondsman to ensure that the arrestee | | | | effect it has on due process. In addition to a |
| appears in court when ordered to do so. | | | | mere promise to appear, many arrestee's are |
| The newcomer, Pretrial Release, in effect does | | | | required to take drugs tests and/or attend |
| away with bail. How Pretrial Release works is that | | | | counseling with all this being done before trial. |
| there are government workers on duty 24 hours | | | | What about the concept of innocent until proven |
| a day in a county. They may be located at the | | | | guilty? In effect, the conditions imposed by Pretrial |
| county jail or at a separate government office | | | | Release are tantamount to pretrial probation |
| complex. When an arrestee is booked into jail, the | | | | which violates due process. |
| Pretrial Release government workers review the | | | | Over the past 20+ years Pretrial Release has |
| file. They are supposed to look into the person's | | | | spread throughout the country. Laudable reasons |
| prior criminal record, local family ties, employment, | | | | are given by politicians and advocates but the |
| etc. The goal is to determine if the arrestee is not | | | | underlying truth is that government worker unions |
| a ""flight risk"" and to authorize the arrestee's | | | | like to grow. Now you know the ""dirty little |
| release on his or her own recognizance. That | | | | secret"". Please remember, Bail is user paid and |
| simply means the arrestee's promise to appear. | | | | Pretrial Release is taxpayer paid. |
| There is no financial incentive (neither cash bail nor | | | | |