NCJ Number
81930
Date Published
Unknown
Length
0 pages
Annotation
Abuses in commercial bonding systems have led many jurisdictions to implement alternative court-managed systems of percentage bail, which do not require a bondsman's services.
Abstract
In a deposit system, the defendant posts a percentage (usually 10 percent) of the bail amount to the court clerk, rather than working through a bondsman. This deposit is returned to the defendant after appearance at all scheduled court hearings. Deposit bail is desirable because the system is public and therefore under constant scrutiny. Even though the bail amount may increase when the deposit option exists, more people are released prior to trial than without the option. The increased release rate occurs without significant growth in rearrest rates. The judge rather than a bondsman decides who will be released under a deposit system. In contrast to commercial bonding situations where the bondsman retains the money, deposit bail is returned to the defendant appearing for trial and thus, provides an added incentive. However, under the surety system, the bondsman can, at no government expense, cross State borders to arrest fleeing defendants and return them to court. These bail bonding practices should be monitored as the potential for abuse is considerable. Although the 10 percent system is an improvement over commercial systems, it still discriminates against poor defendants because it conditions release on ability to pay. The audience offers its comments throughout the discussion. Speakers include the director of the Philadelphia Pretrial Services Division and the president of the California Advisory Board of Surety Agents.