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PRISON Legal News VOL PRISON Legal News VOL. 23 No. 11 November 2012 ISSN 1075-7678 Dedicated to Protecting Human Rights Bailing on Justice: The Dysfunctional System of Using Money to Buy Pretrial Freedom by Tracy Velázquez, Melissa Neal and Spike Bradford* he practice of requiring someone Money Bail Increases Pretrial could be safely released than are currently Tto pay money to a court in order to being released. 5 Keeping those persons in- remain free while awaiting trial is known Incarceration carcerated hinders their ability to take care as “money bail.” While considerable at- Money bail is one of the primary of their families, jobs and communities tention has been focused on other aspects drivers of growth in our jail populations. while overcrowding jails and increasing of our criminal justice system, money About 11.8 million people are processed costs to taxpayers. bail is a component that has been under- through jails across the United States examined but has huge impacts on costs, each year, with over 725,000 people held Money Bail is One of a Number of communities, and those who are arrested in jail at any given time.1 U.S. jails have Pretrial Release Options and required to make bail. This article will operated at an average 91 percent capacity There are several ways that someone examine the practice of money bail as well since 2000, resulting in a huge financial may be released from jail after their arrest as the for-profit bail bonding industry, and burden to states, cities and counties, as they await their court date. Sometimes, explain why neither should be part of a and frequently inhumane conditions for judges or court representatives will com- fair and effective justice system. people who are jailed. bine release options. Release options that What many don’t know is that a ma- do not involve the upfront payment of jority of those held in jail are presumed money bail include: innocent: approximately three in five • Release on recognizance – The per- Inside people in jail are awaiting trial or pending son signs a contract agreeing to appear in charges.2 In 2011, detaining people in jail court for their hearings as required. From the Editor 12 before their day in court was costing coun- • Unsecured bond – The person signs Ohio Private Prison Woes 16 ties around $9 billion a year alone.3 a contract agreeing to appear in court for Many people remain in jail pretrial their hearings and accepting liability for Phone Campaign Update 20 because they don’t have the cash to “buy a set amount of money should they not Elderly Dying in Prison 22 their freedom” by paying required money appear as required. bail. However, the ability to pay money • Conditional release – The person Private Prison Lobbying 26 bail is an indicator neither of a person’s is given a list of stipulations that must Fees In Maryland Records Suit 30 guilt nor of their risk to public safety. be honored in order to stay out of jail Meanwhile, those too poor to pay money while awaiting trial. These often include Florida Postcard Suit Settled 32 bail remain incarcerated regardless of drug and alcohol testing, orders to at- their risk level or presumed innocence. tend mental health or substance abuse Transgender Injunction Upheld 36 There is no national data regarding how treatment, and/or monitoring by a third NYC Juvenile Death Settlement 38 long people stay in jail until their case is re- party such as a family member or pretrial solved; however, in the 75 most populous service agency. BOP ADX Mental Health Suit 42 counties, people accused of felonies who • Release to pretrial services – Where Vietnam Pardons Thousands 44 did not post bail in 2002 stayed in jail a available, people released from jail may median of 51 days until trial (that is, more be required to be supervised by a pretrial Iowa Sex Offender Laws Revisited 46 than half waited 51 days or more).4 service agency. These organizations typi- News in Brief 50 A recent study concluded that 25% cally conduct risk assessments and provide more people being held in jail pretrial appropriate supervision as indicated by Prison Legal News 1 November 2012 The only national prisoner program of rehabilitation. PASS is done through the mail. PASS confers a degree that can be used as evidence of rehabilitation before parole boards and with prison ocials. PASSPrisoner Assistance ScholasticHOPE Service COURSE INFORMATION: 5IFQSPHSBNPòFSTUXPTFNFTUFSTPGTUVEZ&BDI SELFHELP TFNFTUFSUBLFTNPOUITUPDPNQMFUF 5IFDPVSTFTJODMVEFEBSF KNOWLEDGEBALANCE 7JDUJN"XBSFOFTT "OHFS.BOBHFNFOU "EEJDUJPO4VCTUBODF"CVTF PEACE %PNFTUJD7JPMFODF$SJNFT"HBJOTU8PNFO (BOH%JWFSTJPO EDUCATION PASS MODULE : : SELF-CONTROL $POøJDU3FTPMVUJPO Gang Diversion 1BSFOUJOH Prisoner Assistance Scholastic Service /POWJPMFOU$PNNVOJDBUJPO SUPPORT LOVE TRANSFORMATION POWER 3FFOUSZJOUP4PDJFUZ -JWJOH8JUI1VSQPTF FAMILYPASS GOALSPASS Publishing PASS MODULE $PVSTFTDPNFXJUIDPNQMFUFXPSLCPPLBOETUVEZ HAPPINESSNonviolent Communication HVJEFBOEBSFHSBEFECZ1"44QSPGFTTJPOBMTXIP CONTROLPrisoner Assistance ScholasticLOVE Service PòFSQSJTPOFSTGFFECBDLBOEHSBEFT STRENGTH PASS WHAT PASS MODULE : : FORGIVENESSEMPOWERMENT IS PASS? Addiction PASS Prisoner Assistance Scholastic Service SELF WISDOM HELPRESPONSIBILITYACCEPTANCE THROUGH THE ACHIEVEMENT PASS PASS IS GEARED TOWARD: MAIL CONTROL PASS Publishing PASS t1SJTPOFSTXIPOFFEUPQSPWFUIFJSSFIBCJMJUBUJPOCFGPSFBQBSPMFCPBSE t1SJTPOFSTXIPXBOUUPCFUUFSQSFTFOUCFGPSFBQBSPMFCPBSE 1"44QSPWJEFT MODULE t1SJTPOFSTXIPXBOUUPEFNPOTUSBUFUIFJSSFIBCJMJUBUJPOUPDPSSFDUJPOBMPóDJBMT FEVDBUJPOBMNBUFSJBMT Conflict t1SJTPOFSTXIPXBOUUPEFNPOTUSBUFUPGBNJMZNBFNCFST TQPVTFT DIJMESFOPS OBUJPOBMMZUPQSJTPOFST GSJFOETUIBUUIFZBSFBDUJWFMZFOHBHFEJOUIFJSSFIBCJMJUBUJPO JOTUBUFBOEGFEFSBMQSJTPOTBOE Resolution t1SJTPOFSTXIPXBOUUPVTFUIFJSUJNFJOQSJTPOXJTFMZ t1SJTPOFSTXIPXBOUUPHFUPVUPGQSJTPOFBSMJFSBOETUBZPGPVUQSJTPO KBJMT1"44JTUIFPOMZOBUJPOBMMZ Prisoner Assistance Scholastic Service SFDPHOJ[FEQSPHSBNPGJUTLJOE BOEJTBTTJTUFECZBXJEFBSSBZPG MBXZFST FEVDBUPST BOENFOUBM IFBMUIFYQFSUTXIPIBWFXPSLFE PASS XJUIQSJTPOFSTGPSPWFSZFBST 1SJTPOFSTXIPTVDDFTTGVMMZ POB 2009 DPNQMFUFUIF1"44QSPHSBNFBSO BEFHSFFJOPersonal San Francisco, CA 94126 Psychological Development XIJDIDBOCFVTFEBTFWJEFODF PASS passprogram.org PGSFIBCJMJUBUJPOCFGPSFQBSPMF CPBSETBOEXJUIQSJTPOPóDJBMT 888-670-PASS (888-670-7277) November 2012 2 Prison Legal News in pretrial detention solely due to their in- PUBLISHER Bailing on Justice (cont.) ability to pay even small bail amounts. He Rollin Wright believed the role of bail bondsmen had be- EDITOR the risk assessment findings. come too prominent in the administration Paul Wright Other release options that require of justice, and corruption and a failure to ASSOCIATE EDITOR money in order to get out of jail pretrial pay bond forfeitures plagued the industry. Alex Friedmann include: Amazingly, those issues are still at the heart COLUMNISTS • Money bond – Also known as cash of what is wrong with the for-profit bail Michael Cohen, Kent Russell, bond, a person (or their friends or family) bonding system in America today.6 The Mumia Abu Jamal pays the bail amount in full in order to be United States is the only country besides CONTRIBUTING WRITERS released from jail. Upon the resolution of the Philippines that allows commercial, Mike Brodheim, Matthew Clarke, their case, they are reimbursed for the full for-profit bail bonding. John Dannenberg, Derek Gilna, amount less administrative or other court Gary Hunter, David Reutter, How do Bail Bonds Work? Mike Rigby, Brandon Sample, fees. Some jurisdictions allow cash bail to Mark Wilson, Joe Watson be paid with a credit card; others don’t. No one who is offered release on research associate • Deposit bond – The person pays a money bail has to use a bail bondsman. Sam Rutherford percentage of the bail amount (usually After being arrested, a person may be ADvertising DIRECTOR 10 percent) to the court, with the under- given the option of posting bail (by pay- Susan Schwartzkopf standing that failure to appear at court ing a set amount of money to the court) LAYOUT hearings will make them liable for the full in order to be released prior to their trial. Lansing Scott/ bail amount. He or she – or, more typically, their friends Catalytic Communications • Property bond – In lieu of cash, or family members – may pay the full bail HRDC litigation project someone may provide a deed and other amount directly to the court. When they Lance Weber—Chief Counsel paperwork to allow the court to put a appear for their trial date, the amount paid Alissa Hull—Staff Attorney lien on property for the value of the bond in bail is refunded less court fees. If they PLN is a Monthly Publication amount; until they appear in court, the do not show up for court – they “fail to ap- court holds the deed on a house or title to pear” (FTA) – their bond may be forfeited A one year subscription is $30 for pris- other property like a boat or car. and a warrant issued for their arrest. oners, $35 for individuals, and $90 for • Surety or commercial bond through Barring extenuating circumstances lawyers and institutions. Prisoner dona- a for-profit bail bond company – This is that prevented their appearance in court, tions of less than $30 will be pro-rated at $3.00/issue. Do not send less than the most common release mechanism for such as being hospitalized, someone who $18.00 at a time. All foreign subscrip- people required to post money bail. A fails to appear and is apprehended by tions are $100 sent via airmail. PLN person or their friends or family pays a the police may be required to stay
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