by This article originally was published by Peter Krouse, cleveland.com (Links to a third-party website Cleveland.com)
The Buckeye Institute, a conservative think tank based in Columbus,has added its name to a growing list of organizations calling for bail reform in Ohio.
The institute released a report Monday that contends the practice of requiring defendants to post money in order to secure their release from jail is an “inefficient, expensive, unfair means of protecting communities that has proven no guarantee to stopping repeat offenders.”https://2eb6871f832c4939cb8a4ea807029064.safeframe.googlesyndication.com/safeframe/1-0-37/html/container.html
The report, “Money Bail”: Making Ohio a More Dangerous Place to Live, is authored isby Daniel J. Dew, a legal fellow at the Buckeye Institute’s Legal Center.
In making his point, Dew cites media articles about bail-related issues including several produced by cleveland.com and The Plain Dealer. Cleveland.com’s ongoing Justice for All series is examining inequities in the judicial system, including the use of bail.
One of the cleveland.com articles featured a Lyndhurst man who spent four days in jail after being arrested for drunken jaywalking. Another was about a traffic offender who spent a week in jail after he failed to pay a traffic ticket for driving on a suspended license. Both cases were cited by the Buckeye Institute report.
“Many criminal justice systems throughout the country . . . foster an outmoded practice of pretrial release that allows accused murderers, child rapists, armed robbers, and dangerous gang members to be arrested and released into our communities to await trial,” the report states. “Meanwhile, many jurisdictions allow otherwise law-abiding, harmless citizens to sit in jail for days, weeks, or even months before trial for jaywalking, violating dress-codes, or failing to pay traffic tickets.”https://2eb6871f832c4939cb8a4ea807029064.safeframe.googlesyndication.com/safeframe/1-0-37/html/container.html
The report contends there is a better way.
“Thanks to journalism and effective advocacy, the public has gradually awakened to the inherent unfairness of the status quo system, and calls for meaningful reform have grown louder as stories continue to surface of those accused of petty crimes being jailed before trial merely because they cannot afford small amounts of bail,” states the report.
One way to achieve the proper balance when it comes to bail is by using “evidence-based risk-assessment tools,” according to the report. It cites Lucas County, Ohio, as an example where the use of such a method has resulted in less crime by those released from jail and awaiting trial and a higher rate of defendants making their scheduled court appearances.
Lucas County courts used a highly regardedrisk-assessment methodthat was developed by the nonprofit Laura and John Arnold Foundation and was recently adopted by Cleveland Municipal Court.
Two Ohio representatives introduced legislation last week that would require courts across Ohio to adopt validated risk assessment methods.
The Buckeye Institute’s report also cites efforts by the for-profit bond industry to stall bail reform or to twist it to their advantage. For example, some in the industry who believe reform can’t be stopped are promoting so-called government “bail grants” that provide money for poor defendants to secure their release. But there appears to be an ulterior motive.
“Such an audacious plan would seem to double-down on the cozy relationship between the bail-bond industry and the government, and just pay the bail agents with tax dollars,” the report states. “It is bad enough that state law thus far has effectively codified bail-bond profits, it does not need to use taxpayer dollars to pay those profits directly.”