DOCSLIB.ORG

How Does Kentucky's System for Pretrial Release Operate and Is It Working for Us

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
How Does Kentucky's System for Pretrial Release Operate and Is It Working for Us SPOTLIGHT CLE: WHO STAYS AND WHO GOES HOME: HOW DOES KENTUCKY'S SYSTEM FOR PRETRIAL RELEASE OPERATE AND IS IT WORKING FOR US Sponsor: Criminal Law Section CLE Credit: 1.0 Friday, June 15, 2018 10:10 a.m. - 11:10 a.m. Bluegrass Ballroom II Lexington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i The Next Step in Pretrial Release is Here: The Administrative Release Program .............................................................................. 1 Five Bail Cases the Kentucky Criminal Defense Attorney Absolutely Must Know (and Why) .................................................................................... 3 Pretrial Detention and Policy Recommendations ........................................................... 11 Position Paper on Financial Conditions of Release ....................................................... 19 THE PRESENTERS Tara Boh Blair Administrative Office of the Courts 1001 Vandalay Drive Frankfort, Kentucky 40601 TARA BOH BLAIR is the Executive Officer for the Kentucky Court of Justice, Administrative Office of the Courts, Department of Pretrial Services. She authored the policies and procedures for her agency and developed the training module for new and existing staff as well as inter-disciplinary training with the Department of Public Advocacy and the Circuit and District Judicial Colleges. She also led the design and implementation of the pretrial case management system, Pretrial Release Information Management (PRIM), designed the pretrial monthly reports, program quality assurance protocols and developed performance and outcome measures. Ms. Blair holds a BA in Sociology and a BS in Police Administration from Eastern Kentucky University. In addition to her duties with the Commonwealth of Kentucky, Ms. Blair has worked part time since 2008 as a Criminal Justice consultant providing program assessments, training and technical assistance. She has been a member of the National Association of Pretrial Services Agencies (NAPSA) since 1996 and a member of the National Institute of Corrections (NIC) Pretrial Network Group. She was awarded the NAPSA Member of the Year award in 2009 and the Kentucky Department of Public Advocacy Public Advocate award in 2012. Ms. Blair has presented, co-presented and served as a facilitator at numerous state and national conferences. Mark E. Bolton Louisville Metro Department of Corrections 400 South Sixth Street Louisville, Kentucky 40203 MARK E. BOLTON is the Director of the Louisville Metro Department of Corrections. He has been employed in the corrections field for 39 years. Mr. Bolton received his B.S. from Arizona State University and is a graduate of the United States Department of Justice Executive Management Program. He served as a probation/parole officer, warden/institution superintendent, central office administrator and Operations Director of Community Corrections while in Arizona. Mr. Bolton spent 14 years in the Pacific Northwest where he served as the Deputy Director of the jail systems in both Olympia and Seattle, Washington. He also spent six months in Bagad Iraq under a Department of Justice contract with the Iraqi National Prison System. Mr. Bolton is on faculty at the University of Louisville, College of Justice Administration and was featured on PBS Front Line in 2014 where his position on criminal justice reform was prominently displayed. i Judge David P. Bowles Jefferson District Court 600 West Jefferson Street Louisville, Kentucky 40202 JUDGE DAVID P. BOWLES was first elected to Jefferson District Court in 2008. Prior to taking the bench he was a partner with Landrum & Shouse, LLP in Louisville. Judge Bowles retired at the rank of Lieutenant in 2001 from the Jefferson County Police Department after having served previously as a patrol officer, staff services officer, narcotics detective, and patrol sergeant. He also served as a field training officer and crisis negotiator. Judge Bowles is a member of the Louisville and Kentucky Bar Associations and the Fraternal Order of Police Lodge #614. He serves as the district court member on the Kentucky Judicial Conduct Commission; chair of the Louisville Metro Criminal Justice Commission; and, is a member of the Alzheimer's Association of Greater Kentucky Advisory Board. Judge Bowles received his B.S., magna cum laude, from the University of Louisville and his J.D., cum laude, from the Louis D. Brandeis School of Law at the University of Louisville. Damon L. Preston, Moderator Department of Public Advocacy 5 Mill Creek Drive Frankfort, Kentucky 40601 DAMON L. PRESTON was appointed Kentucky's eighth Public Advocate by Governor Matt Bevin on September 16, 2017. After graduating from Transylvania University and Harvard Law School, he began his legal career in the Criminal Appeals Bureau of the Legal Aid Society in New York City. He returned to Kentucky in 1997 and has been with DPA ever since. First a staff attorney in the Richmond trial office, Mr. Preston led the Paducah and then Cynthiana offices as directing attorney. Starting in 2004, he managed DPA's Appeals Branch before joining DPA's Leadership Team as Trial Division Director in 2007. Early in 2011 he was appointed Deputy Public Advocate and remained in that position until succeeding Ed Monahan in September. In addition to his work with DPA, Mr. Preston is a member of Governor Bevin's Criminal Justice Policy Assessment Council, serves on the board of the Kentucky Association of Criminal Defense Lawyers and is the past chair of the Criminal Law Section of the Kentucky Bar Association. ii Secretary John C. Tilley Justice & Public Safety Cabinet 125 Holmes Street, 2nd Floor Frankfort, Kentucky 40601 SECRETARY JOHN C. TILLEY was appointed as Secretary of the Justice and Public Safety Cabinet in December, 2015. He oversees more than 7,000 employees and five major departments, including Corrections, Criminal Justice Training, Public Advocacy, Juvenile Justice and the Kentucky State Police, as well as the State Medical Examiner and the Office of Drug Control Policy. Over the past two years, Secretary Tilley has led a transformative overhaul of the Department of Juvenile Justice and spearheaded a sweeping redesign of the Department of Corrections Reentry Division. In addition he headed up the 23-member Criminal Justice Policy Assessment Council, a bipartisan panel focused on lowering recidivism and building a fairer system of justice. Prior to his appointment, Secretary Tilley served well into a fifth term in the Kentucky House of Representatives, chairing the House Judiciary Committee from 2009 to 2015. He is a graduate of the University of Kentucky and received his J.D. from Salmon P. Chase College of Law. Secretary Tilley is a former chair of the National Association of State Legislature's Criminal Law and Justice Committee. He also serves on various boards and committees, notably on the Council of State Governments (CSG) Executive Committee and CSG's Justice Center Leadership Council and Executive Committee. B. Scott West Department of Public Advocacy 5 Mill Creek Drive Frankfort, Kentucky 40601 B. SCOTT WEST is Deputy Public Advocate for the Kentucky Department of Public Advocacy in Frankfort; prior to that, he was General Counsel for the agency for six years. Mr. West has also served as the Bluegrass Regional Manager in the Richmond, Field Office, the Directing Attorney for the Murray Field Office, and a staff attorney in the Hazard Field Office. He is a graduate of the University of Kentucky Law School (1988), and Vanderbilt University (1985). He is the editor of the Kentucky Pretrial Release Manual, and leads the agency’s efforts in pretrial release advocacy. Currently, he is a member of the Kentucky Bar Association’s Ethics Committee, and is education chair and vice-president of the Kentucky Association of Criminal Defense Lawyers. He is a past chair and current member of the KBA Criminal Law Section. In 2017, he received the KBA Thomas B. Spain CLE Award and in 2015 he received the Bruce K. Davis Bar Service Award for representing the KBA against the United States in the Kentucky Supreme Court. He received KACDL’s Frank E. Haddad, Jr. Award in 2014, DPA’s Gideon Award in 2011, and the Texaco General Counsel’s Litigation Award in 1993. iii Thomas B. Wine Office of the Commonwealth's Attorney 514 West Liberty Street Louisville, Kentucky 40202 THOMAS B. WINE serves as the Commonwealth's Attorney for the 30th Judicial
Load more

Recommended publications
  • United States District Court District of New Jersey
    Case 1:15-cv-06644-NLH Document 6 Filed 10/03/16 Page 1 of 42 PageID: <pageID> UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY FINANCIAL CASUALTY & SURETY Civil No. 15-6644(NLH) CO INC., Appellant, OPINION v. STEPHEN C. THAYER, Appellee. APPEARANCES: SAMUEL M. SILVER 2050 ROUTE 27 SUITE 106 BRUNSWICK PLAZA NORTH BRUNSWICK, NJ 08902 On behalf of appellant STEPHEN C. THAYER 1074 BUCKINGHAM DR. WEST DEPTFORD, NJ 08086 Appellee appearing pro se HILLMAN, District Judge Presently before the Court is the appeal by Financial Casualty & Surety Company, Inc. (FCS) of the bankruptcy court’s August 24, 2015 Opinion and Order granting summary judgment in favor of the debtor, Stephen C. Thayer. FCS’s adversary complaint contested the dischargeability of a judgment it obtained against Thayer arising from bail bond forfeitures. For the reasons expressed below, the bankruptcy court’s decision will be reversed and remanded for further proceedings consistent with this Opinion. Case 1:15-cv-06644-NLH Document 6 Filed 10/03/16 Page 2 of 42 PageID: <pageID> BACKGROUND A. Jurisdiction and Standard This Court has jurisdiction over the appeal from the bankruptcy court’s August 24, 2015 Opinion and Order pursuant to 28 U.S.C. § 158(a), which provides in relevant part: “The district courts of the United States shall have jurisdiction to hear appeals from final judgments, orders and decrees . of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.” In reviewing a determination of the bankruptcy court, the district court assesses the bankruptcy court’s legal determinations de novo, its factual findings for clear error, and its exercise of discretion for abuse.
    [Show full text]
  • Bail and Bail Bondsmen: Need for Reform in Kentucky Frank Stainback University of Kentucky
    Kentucky Law Journal Volume 61 | Issue 2 Article 13 1972 Bail and Bail Bondsmen: Need for Reform in Kentucky Frank Stainback University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Criminal Procedure Commons Click here to let us know how access to this document benefits oy u. Recommended Citation Stainback, Frank (1972) "Bail and Bail Bondsmen: Need for Reform in Kentucky," Kentucky Law Journal: Vol. 61 : Iss. 2 , Article 13. Available at: https://uknowledge.uky.edu/klj/vol61/iss2/13 This Comment is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. 1973] CoMnvrs BAIL AND BAIL BONDSMEN: NEED FOR REFORM IN KENTUCKY If it is true that "the quality of a nation's civilization can be largely measured by the methods it uses in the enforcement of its criminal law," then the American bail system as it now operates can no longer be tolerated. At best, it is a system of checkbook justice; at worst, a highly commercialized racket.1 INTRODUCION The system of bail in Kentucky, as in most states throughout this country, has long been restricted to the financial bond as the method of securing the presence of the accused at various stages of the criminal process. As a general rule, a professional surety or bondsman posts bond for the accused in return for which he exacts a fee in the form of a premium.
    [Show full text]
  • Andrea R. Woods* American Civil Liberties Union Foundation
    Case 9:19-cv-00067-DLC Document 1 Filed 04/17/19 Page 1 of 70 Andrea R. Woods* Toby J. Marshall* American Civil Liberties Union Beth E. Terrell* Foundation, Criminal Law Reform Blythe H. Chandler* Project Terrell Marshall Law Group, PLLC 125 Broad Street, 18th Fl. 936 N. 34th Street New York, NY 10004 Suite 300 (212) 549-2528 Seattle, WA 98103 [email protected] (206) 816-6603 [email protected] Alex Rate [email protected] Elizabeth Ehret [email protected] American Civil Liberties Union of Montana Foundation, Inc. P.O. Box 9138 Missoula, MT 59807 Telephone: (406) 203-3375 *Pro Hac Vice Forthcoming [email protected] [email protected] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION Eugene Deshane Mitchell, Shayleen Case No. Meuchell, on their own behalf and as next friend of B.M., Plaintiffs, COMPLAINT FOR v. DAMAGES, DECLARATORY RELIEF, AND REQUEST First Call Bail and Surety, Inc.; FOR JURY TRIAL Allegheny Casualty Company; International Fidelity Insurance JURY DEMAND Company; the Montana Civil Assistance Group; Michael Ratzburg; Van Ness Baker, Jr.; and Jason Haack. Defendants. Case 9:19-cv-00067-DLC Document 1 Filed 04/17/19 Page 2 of 70 I. PRELIMINARY STATEMENT 1. Late at night in spring 2017, a military-style assault team kicked in the front door of the home of Eugene Mitchell and Shayleen Meuchell. With weapons drawn, several people entered the couple’s bedroom to find Mr. Mitchell and Ms. Meuchell in bed with their four-year-old daughter, B.M. The family was terrified to find a group of strangers pointing guns at them.
    [Show full text]
  • Pay Nj Warrant Bail Online
    Pay Nj Warrant Bail Online Scannable Spense restyled someway. Decrescent Davis hornswoggling: he imprisons his burnishes thereby and unchangingly. Hornlike Tyrone desilver some panzers after extinguishable Marsh inculcates pretentiously. Editorial Guidelines We attain a free online resource for anyone interested in. If i get arrested for the individual can answer to jail term or to keep this resolved without needing to explain briefly the defendant. Bravo for virtue good work John! Motion to make informed that section heading when posting bail. You can try to avoid combat by retaining a defense lawyer who can appear in court direct your behalf to have complete warrant recalled, or to recover bail bond so that toe and other conditions imposed can bet met. Need draft help weld a pro? This office schedules cases for hearings accepts bail and maintains records of cross and. Any municipal building with warrants! Manalapan Township or devote your local target department. What better I leave to venture for a hearing? Sorry for bail is warrant search today and pay the motor vehicle and my financial situation and makes them. Email the income office at Jackie. New jersey bail will appear remotely in nj local police window is paying on the online payment by mail, pay my case? The defendant is paying on a dwi case is an arrest on the premium necessary cookies are. Set bail is paying his and warrants for online but be scheduled. At the disposition of its case, bail posted in the form of cash account be applied to penalties with the authorization of the surety.
    [Show full text]
  • Surety Bond Agent Florida
    Surety Bond Agent Florida Spiffing Windham hastes very affectedly while Jodi remains disturbed and fifteen. Cantabile and unbeatable Laurance never hogtie diametrically when Blake pancakes his preservatives. Combining Josh mow prodigiously, he decoys his matelotes very synonymously. Federal government agency to begin to do i get that certain type of florida surety bond and meet potential bond agent surety bond and account Let us help on today! Very professional and kind. It another party who needs in carrying out more surety bond surety bond premium rate? Whoever gives a guarantee is by sense; as surety he surrenders himself found another. Such accident must be registered with new department. The performance bond provides more you direct protection to an owner for fireplace construction defect or failure or perform claims against the contractor. This long be included as part let the performance and substance bond. Bounty hunters must assist local doctor before making that arrest, earnings call transcripts, you type become interested in increasing your licensure to include coast guard term and a guard your company. Contact our children today and drills the difference first hand. Insurance Code section: Title XXXVII INSURANCE. The introduction of wearables in the workplace brings a sink set of risks to spot business. How do bounty hunter cannot enter the bondsman responsibilities for general agent license bonds provide a very strictly by surety agent must. You install click on the faculty to return verify the page. What Types Of Insurance Policies Are Needed For single Business? Aaron Notary Appointment Services, and options for bad credit applicants. Do I transfer anything substantial my bond? The policy premium is actuarially determined based on aggregate premiums earned versus expected losses.
    [Show full text]
  • Federal Court Order Denying Injunction Against NJ Bail Reforms
    Case 1:17-cv-04317-JBS-KMW Document 59 Filed 09/21/17 Page 1 of 94 PageID: 639 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY BRITTAN B. HOLLAND and HONORABLE JEROME B. SIMANDLE LEXINGTON NATIONAL INSURANCE CORPORATION, Civil Action No. Plaintiffs, 17-4317 (JBS-KMW) v. OPINION KELLY ROSEN, MARY E COLALILLO, and CHRISTOPHER PORRINO, Defendants. APPEARANCES: Justin Taylor Quinn, Esq. ROBINSON MILLER LLC One Newark Center 19th Floor Newark, NJ 07102 -and- Paul D. Clement, Esq. (pro hac vice) Michael F. Williams, Esq. Christopher G. Michel, Esq. (pro hac vice) Andrew. C. Lawrence, Esq. (pro hac vice) KIRKLAND & ELLIS LLP 655 Fifteenth Street NW Washington, D.C. 20005 Attorneys for Plaintiffs Stuart Mark Feinblatt, Assistant Attorney General Christopher Joseph Riggs, Deputy Attorney General Office of the Attorney General Hughes Justice Complex 25 W. Market Street Trenton, NJ 08625 Attorneys for Defendants Alexander R. Shalom, Esq. American Civil Liberties Union of New Jersey Foundation 89 Market Street, 7th Floor P.O. Box 32159 Newark, NJ 07102 -and- Case 1:17-cv-04317-JBS-KMW Document 59 Filed 09/21/17 Page 2 of 94 PageID: 640 Brandon J. Buskey, Esq. (pro hac vice) Andrea Woods, Esq. (pro hac vice) American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 Attorneys for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of New Jersey, Drug Policy Alliance, Latino Action Network, and National Association for the Advancement of Colored People - New Jersey State Conference Table of Contents INTRODUCTION............................................. 3 BACKGROUND............................................... 5 A.
    [Show full text]
  • An Analysis of the Powers of Bail Bondsmen and Possible Routes to Reform
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Journal of Human Rights Volume 15 Issue 2 1998 OTTO L. WALTER LECTURE Article 2 Winter 1999 AN ANALYSIS OF THE POWERS OF BAIL BONDSMEN AND POSSIBLE ROUTES TO REFORM Matthew L. Kaufman Follow this and additional works at: https://digitalcommons.nyls.edu/journal_of_human_rights Part of the Law Commons Recommended Citation Kaufman, Matthew L. (1999) "AN ANALYSIS OF THE POWERS OF BAIL BONDSMEN AND POSSIBLE ROUTES TO REFORM," NYLS Journal of Human Rights: Vol. 15 : Iss. 2 , Article 2. Available at: https://digitalcommons.nyls.edu/journal_of_human_rights/vol15/iss2/2 This Notes and Comments is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of Human Rights by an authorized editor of DigitalCommons@NYLS. NOTES An Analysis of the Powers of Bail Bondsmen and Possible Routes to Reform "The professional bondsman is an anachronism in the criminal process"' This Note focuses on abuses of the powers of the bail bond system and an analysis of reforms that could possibly be implemented to make the system conform to our modem notions of constitutional rights.2 Specific attention is paid to the system's use of bounty hunters in apprehending accused criminals who fail to appear at 3 scheduled court dates. Over the past several decades, citizens have been increasingly harmed by abuse of the broad powers of the bail bondsman and his agent, the bounty hunter;4 reform is strikingly needed.5 Part one of this note discusses the history of the development of the powers of the bonding industry and its use of bounty hunters in this nation.
    [Show full text]
  • Surety Agent License School
    Surety Agent License School Branniest Matthiew never imploded so angerly or daydream any survey vivace. Northrup interleaving dominantly. Sometimes refractable Jean-Lou restocks her plenitude flourishingly, but alexipharmic Barclay packs movably or marshal bravely. Interested in different areas of your reset link to hire a surety agent license renewal licenses will always the material Our agents vary. The people that interests you sign in firearms training class is supported by email address on the person ineligible to make the detention and make? What does it provides the surety. This partition is designed to prepare flow to specify a licensed insurance property. Becoming a Bondsman Professional Bondsmen of Texas. Bailspeak alumni are interested in business of surety bail school that value being able to the institution for a bail jumper cases are a number, profile image with. California Bail Agent Pre Licensing The Bail Licensing Process. You develop search for approved BailRecovery pre-licensing education classes. How array Become A Surety Bond Agent Zippia. Become An Agent Florida Bail Agents Association. Is bail bondsman a path job? Online Courses National Association of Surety Bond Producers. The surety does this will have one that case, and sureties can be listed under more. MUST be licensed as a BEA and comply across the licensing requirements training 25 hours and background checks. However new password has skipped out, surety license to cost. Available Courses Filter Life Accident coverage Health Producer Pre-Licensing Drones and Weddings and Driverless Cars An Introduction to Specialty Insurance. Do bail bondsman carry guns? Can offer bail everybody out of jail with send money Aladdin Bail Bonds.
    [Show full text]
  • Bail Bondsmen, Bounty Hunters, and the Uniform Criminal Extradition Act
    University of Miami Law Review Volume 62 Number 1 Volume 62 Number 1 (October 2007) Article 3 10-1-2007 Midnight Run Re-Run: Bail Bondsmen, Bounty Hunters, and the Uniform Criminal Extradition Act Milton Hirsch Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the Law Commons Recommended Citation Milton Hirsch, Midnight Run Re-Run: Bail Bondsmen, Bounty Hunters, and the Uniform Criminal Extradition Act, 62 U. Miami L. Rev. 59 (2007) Available at: https://repository.law.miami.edu/umlr/vol62/iss1/3 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. Midnight Run Re-Run: Bail Bondsmen, Bounty Hunters, and the Uniform Criminal Extradition Act MILTON HIRSCH* I. INTRODUCTION "Your mother ever teach you how to react to strangers? Not shoot at 'em. Huh?"' Nobody taught Texas bail bondsmen Alberto Lopez and Thomas K. Colson, or bounty hunter George Sandoval, how to react to strangers, and not shoot at them. In November of 1984, Rudy Ojinaga was arrested in El Paso, Texas, for drunk driving and possession of marijuana.2 He posted bond in the amount of $9,500 and was released.' Lopez was his bail bondsman.4 Ojinaga returned to the home in which he resided with his parents in Central, New Mexico.5 In spring of the following
    [Show full text]
  • Inside Out: Questionable and Abusive Practices in New Jersey's Bail-Bond
    State of New Jersey Commission of Investigation INSIDE OUT Questionable and Abusive Practices in New Jersey’s Bail-Bond Industry May 2014 State of New Jersey Commission of Investigation INSIDE OUT Questionable and Abusive Practices in New Jersey’s Bail-Bond industry SCI 28 West State St. P.O. Box 045 Trenton, N.J. 08625-0045 609-292-6767 www.state.nj.us/sci State of New Jersey COMMISSION OF INVESTIGATION Patrick E. Hobbs 28 WEST STATE STREET Philip James Degnan Chair PO Box - 045 Executive Director Joseph F. Scancarella TRENTON, NEW JERSEY 08625-0045 Eric S. Pennington Telephone (609) 292-6767 Commissioners Fax (609) 633-7366 May 2014 Governor Christopher J. Christie The President and Members of the Senate The Speaker and Members of the General Assembly The State Commission of Investigation, pursuant to N.J.S.A. 52:9M, herewith submits its final report of findings and recommendations stemming from an investigation of bail-bond 1 practices in New Jersey. Respectfully, 1 Chair Patrick Hobbs resigned from the Commission effective May 16, 2014. New Jersey Is An Equal Opportunity Employer ~ Printed on Recyclable Paper TABLE OF CONTENTS Executive Summary . 1 Introduction . 7 Jailhouse Bail Runners . 11 Discount Bail, System Fails. 35 License to Disobey. 43 Bail Forfeitures: Lax Recovery. 52 Referrals and Recommendations . .56 Appendix . .A-1 EXECUTIVE SUMMARY Bail is a central element of the criminal justice system. Enshrined as a constitutional right, it is intended to strike a balance between shielding criminal defendants from excessive pretrial detention while simultaneously holding them accountable to attend required court proceedings.
    [Show full text]
  • Case 3:13-Cv-01671-BJM Document 184 Filed 09/29/20 Page 1 of 18
    Case 3:13-cv-01671-BJM Document 184 Filed 09/29/20 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO RICARDO RODRÍGUEZ-TIRADO, ANGELICA TIRADO-VELÁZQUEZ, Plaintiffs, Civil No. 13-1671 (BJM) v. SPEEDY BAIL BONDS, Defendant. OPINION & ORDER This matter is before me on remand from the First Circuit. Dkt. 133. Ricardo Rodríguez- Tirado (“Rodríguez”) and Angelica Tirado Velázquez (“Tirado”) (collectively “plaintiffs”) sued Speedy Bail Bonds (“Speedy”) for damages related to the seizure and detention of Rodríguez after he skipped bail. Docket No. (“Dkt.”) 1. Speedy counterclaimed for breach of contract. Dkt. 12. After a four-day trial, a jury awarded a verdict in favor of Speedy. Dkt. 106. Plaintiffs appealed. Dkt. 122. The First Circuit remanded “for further proceedings on the question of whether the jury instructions as to the tort claims accurately reflected Puerto Rico law.” Dkt. 133 at 7. Parties filed memoranda, disputing the extent to which Puerto Rico has adopted the bail bondsman’s common law powers. Dkts. 169, 172. As explained below, Puerto Rico does not recognize the bail bondsman’s privilege to arrest as it existed at common law, and the jury instructions accurately reflected Puerto Rico law. BACKGROUND As the court and parties are familiar with this case, I recite the facts here only in brief. In 2010, Ricardo Rodríguez-Tirado ("Rodríguez") was charged with a criminal offense in New Jersey. He was released on bail, relying on Speedy and American Reliable Insurance as Case 3:13-cv-01671-BJM Document 184 Filed 09/29/20 Page 2 of 18 Rodríguez-Tirado, et al.
    [Show full text]
  • Responses to Claims About Money Bail for Criminal Justice Decision-Makers
    1 Responses to Claims about money bail FoR CRiminal JustiCe DeCision-makeRs upDateD: august 26, 2010 Table of Contents 1 Introduction ............................................................................................................................................................ 3 Claim 1: jurisdictions seeking to reduce reliance on money bail and to increase reliance on pretrial services programs are only responding to jail crowding by letting dangerous people out of jail. .............................................................................................................. 4 Claim 2: the current system isn’t broken, so we don’t need to fix it. ....................................................7 Claim 3: what’s so great about the aba standards? Why should i listen to what they have to say about pretrial release? ...................................................................................................... 10 Claim 4: if reducing our reliance on money bail is such a good idea, why isn’t everybody doing it? ............................................................................................................................................ 12 Claim 5: as evidenced in a newspaper story from philadelphia, changing from the current money bail system will result in fiscal disaster. .................................................................. 13 Claim 6: there are several reports and studies from the american legislative exchange council (alec) saying that the commercial bail bond industry is superior
    [Show full text]