Bail reform has several advantages
The bail system is coming under increasing scrutiny in Ohio, as it has across the country. That’s a welcome development. Not only does the system contribute to jail overcrowding, it is fundamentally unfair. As noted in a recent report to the Ohio Criminal Sentencing Commission, those with the means can buy their way out of jail, even if they pose a risk to the larger community or are likely to fail to appear in court, while those with little or no money remain behind bars.
More, even short stays in jail can be devastating, increasing the likelihood of re-offending, the report noted. Missing school, losing a job and family issues all can contribute to increased desperation, and then more criminal activity. At least 20 states have adopted systematic reforms, and several jurisdictions in Ohio, among them Summit County, have moved on their own, eliminating bail schedules based solely on the severity of the offense.
Last week, the Criminal Sentencing Commission, an arm of the Ohio Supreme Court that advises the legislature, received the bail report, written by an ad hoc committee it appointed. A vote is expected in June. What the committee rightly recommended is the kind of overhaul pursued in other states and in Summit County: the adoption of a risk-based pretrial assessment program.
The Summit County program, adopted in 2006, for example, takes into account violent criminal behavior, history of failing to appear in court and past employment. There is no bail schedule.
That’s the best route, but some on the committee could not foresee entirely dropping bail schedules. If schedules are used, the committee recommended that courts place less reliance on them, hold hearings within 48 hours and make sure amounts are consistent within counties.
The committee also recommended other beneficial changes, among them gathering data on pretrial decisions, adopting diversion programs that keep defendants out of jail and mandating the presence of legal counsel when a defendant makes his or her first court appearance.
Aided by a $50,000 grant from the John D. and Catherine T. MacArthur Foundation, Akron and Summit County are expanding across the county a pilot program that drops the use of bail for low-level, nonviolent felons. In lieu of arrest, they are given a summons, like a traffic ticket, to appear in court. The pilot project in Akron has proved successful, with an appearance rate of 86 percent.
The use of rigid bail schedules amounts to little more than a version of debtors’ prison. The criminal sentencing commission should push for their complete elimination and the adoption of risk-based assessments.
Summit County has amply demonstrated the savings, its cost to monitor a defendant at about $ 5 a day compared to $133 a day for staying in the jail. But the issue goes far beyond saving money. It is about fairness and about reducing the risk the poor will be trapped in a cycle of crime from which they cannot escape easily.