In this week’s Closer Looks we take a deeper dive into Hawaii House Bill 1996 – Relating to Pretrial Release. HI HB1996 asks the age old question – To bail or not to bail. That is the question that states seem to be asking across the country. Many states are saying no. In fact, companies are also starting to say no. Google just announced that, starting in July, the bail bond industry will no longer be able to advertise on the site.
So, why are states saying no, and what are the options?
States are starting to say no because, right now, the bail industry has an image problem. It is an easy target. As I was writing this, I learned of the Google decision to stop accepting ads that promote bail agencies beginning July 1st. In the blog post explaining their decision, Google states, “Studies show that for-profit bail bond providers make most of their revenue from communities of color and low income neighborhoods when they are at their most vulnerable, including through opaque financing offers that can keep people in debt for months or years.”
Pre-Trial Justice Institute, a national bail reform group, recently released a report – State of Pretrial Justice in America (2017). The report says the U.S. bail system is “abysmal, ” giving the nation over all a D, just above failing. Only one state, New Jersey, earned an A. Nine states received Bs. Ten states received Cs. Twelve states received Ds. And 17 states—more than one-third—failed. (Delaware was not graded). The report, for the record, gave Hawaii a B, recognizing it is doing will with pre-trial detention rates and use of validated pre-trial assessment.
But while the bail industry has had some success with pop-culture – Dog the Bounty Hunter, Midnight Run and Sneaky Pete, for example, it doesn’t seem to be enough. New Jersey recently ended private bail, joining a handful of other states that already do so. In 2017, Maryland recently de-prioritized the use of cash bail after the state Attorney General called into question the constitutionality of cash bail in the state.
Oddly enough Dog the Bounty Hunter is based in Hawaii, and his wife, Beth Chapman, is the president of the Professional Bail Agents of the U.S. (PBUS). That could be part of the reason why the bill died, along with a couple other bail-related bills HB2221 and SB2860. The main reason however, was that the Hawaii Senate voted to defer the legislature, opting to allow for a legislative task force to complete its work. The legislature had already formed a task force charged with examining Hawaii’s bail system and delivering recommendations, including any possible legislation, before the start of the 2019 session.
Knowing that a national organization already gave the state’s system a fairly high grade, I can’t wait to read that report and see and what legislation (if any) is introduced during the 2019 session.
But what are the real reasons Hawaii and other states are saying no to bail? The bail system, as we know it, is broken, jails are over crowded and keeping non-dangerous offenders in jail while awaiting trial is costing the states money.
- The system is broken. The effects of pre-trial incarceration can be devastating for people. As someone waits days, weeks or even months for trial, think of what impact that can have on their lives. These are people living paycheck to paycheck. While they are detained awaiting trial in a country where people are presumed innocent until proven guilty, these people have probably lost their job, possibly their home or apartment, and hurt their families. If they are found not guilty or avoid jail or prison time after trial, what are they coming out to?
- Jails are overcrowded with people awaiting trial. A recent report in New York City said 52% of the New York City jail population are there awaiting trial, and my guess is these numbers aren’t much better around the country.
- States are looking for ways to save money. States are seeing that risk-assessment-based release programs have better results, in terms of court appearances and re-arrest rates. In addition, states have less people in jail unnecessarily, which saves money. A 2015 article, said the state of Maine estimated that the state saves $2 million annually using risk-assessment-based release programs.
But fairness and transparency, while important only go so far. The big issue in ending cash-bail is going to be the money issue. Having people stuck in jails costs state and local governments money. As much as $38 million per day, $14 billion annually. It is the argument that puts conservatives on the same side as liberals. When Google teams up with Koch Industries and several left-leaning groups on an issue, you know you are nearing the tipping point. Now that a handful of states have outlawed private bail, and more have or are considering outlawing or de-prioritizing bail, bail as we have known it is probably going away for ever.
So what is next for the bail industry? Pre-trial screenings are most likely going to be the solution for most states. Instead of a money test, state and local governments are going to ask, “Is this person dangerous?” I would recommend that bail agencies learn to work with state and local governments on these risk assessments. Bail agencies are experts at evaluating risk. They do it everyday with every bond they write. If bail companies think outside the box, they can help states and localities keep dangerous detainees in jail, ensuring those who aren’t dangerous are free while awaiting trial, and save states money in the process.
That should go a long way to improving that image problem.
—
About the Author – Michael O’Brien is the founder and principal of MOB Advocacy. He has more than ten years experience as a state and local lobbyist. Michael has lobbied governors, mayors, legislators, state and local agencies and regulators in more than 40 states.
About MOB Advocacy – MOB Advocacy is a full-service, nationally-scoped state and local government relations firm. We design and implement legislative, regulatory and procurement solutions tailored to meet any organization’s unique needs and specific goals.
Our clients range from established corporations, tech start-ups, to nationally recognized non-profits and advocacy groups. We provide a full range of services from national strategy, monitoring, direct lobbying, grassroots and procurement and we cover a wide array of issues, including education, environment and healthcare.
About BillTrack50 – BillTrack50 offers free tools for citizens to easily research legislators and bills across all 50 states and Congress. BillTrack50 also offers professional tools to help organizations with ongoing legislative and regulatory tracking, as well as easy ways to share information both internally and with the public.