NCJ Number
59976
Date Published
1978
Length
39 pages
Annotation
BAIL BOND REFORMS ENACTED IN KENTUCKY AND OREGON ARE STUDIED WITH EMPHASIS ON THEIR VARYING APPROACHES. THE KENTUCKY LAW AIMS AT ABOLISHMENT OF BAIL WHILE THE OREGON LAW MODIFIES PRETRIAL RELEASE CONDITIONS.
Abstract
THE KENTUCKY BAIL REFORM ACT OF 1976 INSTITUTED A STATEWIDE PRETRIAL RELEASE PROGRAM, AND MADE KENTUCKY THE FIRST STATE TO STATUTORILY OUTLAW COMMERCIAL BAIL BONDING. THE LEGISLATION WAS MEANT TO END COMPLAINTS THAT COMMERCIAL BAIL BONDING PRACTICES WORKED TO DISCRIMINATE AGAINST AND IMPOSE FINANCIAL HARDSHIP UPON THOSE DEFENDANTS LEAST ABLE TO PAY, INHIBITED EARNING POWER OF DETAINEES, FUNCTIONED IN AN ARBITRARY DISCRIMINATORY MANNER, IN SOME CASES IN A CORRUPT FASHION, AND WERE COSTLY. KENTUCKY ARRESTEES, UNDER THE NEW LAW, MUST BE RELEASED ON THEIR OWN RECOGNIZANCE OR UPON EXECUTION OF AN UNSECURED BOND (OR A BOND SECURED BY PERSONAL PROPERTY, PERSONAL FUNDS, ETC.), WITH TRAVEL AND RESIDENTIAL RESTRICTIONS, OR IN THE CUSTODY OF A THIRD PERSON. THIS PRETRIAL RELEASE PROGRAM, RUN BY THE ADMINISTRATIVE OFFICE OF THE COURTS, COST A RELATIVELY LOW (WHEN COMPARED WITH INCARCERATION COSTS) $1.5 MILLION ITS FIRST YEAR, AND OPERATES UNDER PROCEDURES PATTERNED AFTER THOSE PROPOSED BY THE AMERICAN BAR ASSOCIATION. PROGRAM ACTIVITY DATA INDICATE THAT DEFENDANT COURT APPEARANCE RATES ARE VERY GOOD (95 TO 98 PERCENT) SUGGESTING THAT BAIL IS NOT A MAJOR FACTOR IN THE DEFENDANT'S DECISION TO APPEAR. THE OREGON PRETRIAL RELEASE PROGRAM MODIFIES PRETRIAL RELEASE CONDITIONS MAKING DEFENDANTS ELIGIBLE FOR CONDITIONAL RELEASE, SECURED RELEASE, OR RELEASE ON THEIR OWN RECOGNIZANCE TO THEIR STATUS IN NINE AREAS, INCLUDING EMPLOYMENT, JOB HISTORY, AND FINANCIAL CONDITIONS; THE NATURE AND EXTENT OF FAMILY RELATIONSHIPS; PAST AND PRESENT CRIMINAL RECORD; NAMES OF PERSONS WHO WILL AGREE TO BE RESPONSIBLE FOR THEIR COURT APPEARANCE; THE NATURE OF THE CHARGE, ETC. THE PROGRAM AIMS AT ELIMINATING THE ECONOMIC DISCRIMINATION OF BAIL BONDING, AND OFFICIAL FIGURES SUGGEST THAT THIS GOAL IS BEING MET. TRANSFER AND IMPLEMENTATION OF BOTH PROGRAMS ARE DISCUSSED AND ENABLING STATUTES REPRODUCED. (DAG)