Walker County Messenger

State eyeing tougher rules for non-monetary ‘signature’ bail bonds

- By Beau Evans

any bond that has a set dollar amount would need to be paid in full to secure release.

Arrested persons could still be released on their own, but they would be issued “unsecured judicial release” bonds that do not list a dollar amount.

However, the bill would not permit those non-monetary bonds to be issued for several felony charges ranging from murder and rape to drug traffickin­g, DUI and criminal street gang activity.

The bill’s sponsor, Sen. Randy Robertson, said judges would still be given discretion to send offenders to treatment and diversion programs instead of jail.

Judges could also still set very low bail amounts to ease the financial burden on defendants if they wanted, he said.

Robertson, R-Cataula, said his proposal aims to keep violent offenders from being released prematurel­y from jail and to better reflect how much money – or lack thereof – defendants are actually paying for bail.

“The ongoing misuse of these bonds is creating an immediate risk to the state of Georgia,” Robertson said from the Senate floor.

Robertson, a retired major with the Muscogee County Sheriff’s Department, highlighte­d the case of 25-year-old Ahmad Coleman, who was arrested last October for allegedly opening fire near an Atlanta library, wounding four college students.

At the time, Coleman was out on his own recognizan­ce with a $120,000 signature bond stemming from his arrest months prior for allegedly opening fire at an apartment complex.

The Senate passed the bill on Tuesday, March 3, by a 46-8 vote. It now heads to the Georgia House of Representa­tives.

Opponents of Robertson’s bill worry expanding the kinds of crimes that would no longer qualify for non-monetary bonds could hurt lower-level offenders with less means to pay bail.

Zanele Ngubeni, an Atlanta defense attorney who spoke at a Senate Judiciary Committee hearing last week, said recognizan­ce bonds have a track record of incentiviz­ing defendants to show up for court hearings. State law is already tough enough to punish those who skip court, she said.

“Essentiall­y, we’re perpetuati­ng wealth-based detention,” Ngubeni said.

Jill Travis, executive director of the Georgia Associatio­n of Criminal Defense Lawyers, warned the bill could potentiall­y limit how many people would qualify for alternativ­esentencin­g programs despite Robertson’s assurances.

She called for language changes to make it clearer that judges could allow defendants to participat­e in pre-trial treatment programs.

“There’s no opportunit­y for pre-trial involvemen­t anymore on a recognizan­ce,” Travis said last week. “The only way to do this is using a bonding company, using cash or using property.”

But victims of crimes committed by offenders out on their own recognizan­ce insist Georgia needs stricter rules on nonmonetar­y bonds.

Daphne Jordan, an Atlanta resident who said her sister was shot by a repeat offender, dismissed the argument that curtailing signature bonds would disproport­ionately affect poorer people in jail for small-time offenses.

“When I hear people say [that] people who commit crimes don’t have the ability to pay for their bonds, then they should not commit crimes against people who are hard-working individual­s who are out here trying to make a living,” Jordan said.

 ??  ?? Randy Robertson
Randy Robertson

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