Jails across the state are overcrowded and the cost of incarcerating all those people is growing increasingly expensive in a time of severe budget shortfalls. Story in the Bowling Green Daily News.

But an initiative selected by the Kentucky Supreme Court that will allow people who are arrested for nonviolent crimes in nine counties to post bail immediately instead of going to jail is a small step toward easing this problem – step that should be expanded statewide.

The court has selected Bell, Boone, Boyd, Butler, Campbell, Edmonson, Kenton, Ohio and Pike counties for the program, which will begin Jan. 1.

The 35-page list of charges covered by the program include marijuana possession, prostitution, minor traffic offenses, hunting violations and shoplifting. It also includes 24 first felony theft charges, such as stealing electrical service. People charged with violent crimes won’t be eligible.

One would hope that this program would be a success and serious consideration would be given for expanding it statewide.

Not only would this program help cut down on overcrowding in our jails, it could also save the state a lot of money for housing non-violent offenders.

Justice Will T. Scott said if the project is successful, it could save the state $150 million a year, or more than $400,000 a day, by allowing people arrested on any of more than 700 mostly misdemeanor charges to immediately post bail and go home.

This is not pocket change and considering the budget shortfall our state is facing, it is a step in the right direction.

Jail operations are also one of the larger line items in many county budgets, so this change could greatly benefit counties.

The initiative would also be beneficial to offenders arrested on the weekends or nights when judges are off duty and unavailable to approve bonds.

It would also be particularly beneficial for counties such as Edmonson County, which has no jail and has to send its prisoners elsewhere. It would also benefit Butler County, which has to send its women arrestees elsewhere.

This is a win-win situation that could really help our state by cutting down on jail overcrowding and saving a lot of money spent on housing people who should be able to bail out immediately for certain misdemeanors and non-violent offenses.

jchev Bail, Kentucky, Overcrowding

The Kentucky Supreme Court announced a pilot project Monday that could save counties an estimated $12 million a month by allowing thousands of people arrested for nonviolent, non-sexual crimes to post bail immediately after they are arrested.  Report from the Courier-Journal.

The project would set standard bail amounts for roughly 600 offenses, most of them misdemeanors, so defendants don’t have to spend a night or weekend in jail waiting for judges to set the amounts for their release. Individuals would then post bail and leave. “It is designed to help Kentucky, not hurt Kentucky,” Justice Will T. Scott said. In the next couple months, the court will pick the counties where it will test the new rules, which would apply mostly to first-time offenders and would include such crimes as marijuana possession, traffic offenses, hunting violations and shoplifting, Scott said.

It costs counties $30 to $50 a day to house individuals in jails. Scott said a nine-month period analyzed by the court found 13,000 defendants in jails who could have been released immediately under the proposed changes. He said the other benefit of the project is to standardize bail amounts for certain offenses. Currently, judges determine bail, which can vary greatly depending on the county. Under the proposed change, judges could still decide to set bail higher than the standardized amount, but they would have to give reasons. Those decisions could be appealed.

Christopher Cohron, president of the Kentucky Association of Commonwealth’s Attorneys, said the project “is a perfect example of instituting procedures that financially are going to make a huge impact on our jails but are going to pose only minimal risk to public safety.” He said state and local governments are struggling financially in the midst of a recession, and officials need to consider all options to reduce costs.

Campbell County Jailer Greg Buckler, who said that he was told by one of the justices that his county could be a candidate for the pilot project, said he generally supports the concept, although he hasn’t seen the details. During the coming Labor Day weekend, Buckler estimates that about 30 people will have to spend the weekend in jail on minor offenses because a judge won’t be on duty to set bail. “If we can get somebody out, especially on weekends … that would save taxpayers some money on incarceration, plus leave more space for the ones that need to be in jail,” he said.

Marshall Long, executive director of the Kentucky Jailers’ Association, told The Associated Press that his organization is reserving judgment until after the initiative has been tested. “I don’t oppose trying it,” Long said. “It if works, keep on doing it. If it doesn’t, stop.”

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This report from the Courier News.

Jennifer Gullang sometimes has to cover a lot of ground in the course of a day’s work. “Every day is completely different,” she said. “Some days I can drive 120 miles; some days I can only drive 50. It just depends on the area I’m in and how many people I have to see.” As an electronic monitoring officer with Kane County IL Probation Department, she supervises about 65 cases, making an average of 20 to 25 home visits each day to defendants out on bond awaiting trial. “Everything with this job is time management,” Gullang said. “You only have 7.5 hours to do everything that you need to get done, and it’s really about prioritizing what is the most important.”

She is one of 14 officers assigned to keep tabs on the more than 2,700 adults currently serving probation in the county, according to Kane County Director of Probation Mary Hyatt. She said those numbers already reflect more than what would be considered ideal. “We are actually under what we need now,” Hyatt said of the department’s staffing. “Our adult probation officers have an average of about 197 adult offenders per officer, and you really shouldn’t have more than 100 to 125.” A similar problem can be found in the county’s supervision of juvenile offenders, as a staff of 14 monitors more than 1,400, or an average of about 102 cases per officer. “That’s way high,” Hyatt said. “Best practice is about 40 to 45 juveniles (per officer).”

The problem is compounded, according to Hyatt, with a projected shortfall of about $2.5 million in funding from the Illinois Supreme Court. That could mean significant cuts to some of the department’s more specialized programs and services. Hyatt said the department’s overall budget saw a decrease of more than $545,000 in 2009 compared to 2008. The represents about a 6 percent reduction, with even deeper cuts expected for 2010.In anticipation of a funding decline, Hyatt said her department already had been directed by the county to reduce its budget, with no expectation of receiving increases for 2010. “Our officers have more (cases) than they should have right now,” she said. “If, with budget cuts, we end up having to cut back on staff, we’ll have to focus all of our resources on the most severe cases we have and the basic services.”

Cuts would be made to programs such as electronic home monitoring, which allows the county to monitor offenders through the use of electronic tracking equipment. Also in jeopardy of being cut is the department’s pretrial release program, which conducts background investigations on recently jailed offenders to determine which ones are least likely to commit a crime if allowed to be released until they appear in court. “We’re going to have to take a look at every program that we have,” Hyatt said. Other specialized programs possibly affected include the county’s sex offender unit, which currently monitors about 213 people; and the domestic violence unit, which supervises offenders and works with victims to ensure their safety and help provide access to services.

Hyatt said cuts to, or the elimination of, these types of programs would result in most cases being reviewed within the standard probation system, which Hyatt said would make it difficult to meet state standards involving the amount of time spent reviewing and monitoring an individual case. “We are required (by the state) to do specific assessments on people and that we see them at a certain level,” she said. “And when you’re talking about raising caseloads to a totally untenable level, those kinds of mandates can’t be met.”

The effects of reductions in probation services can be far-reaching, according David E. Olson, chairman of the Loyola University Criminal Justice Department, who said the long-term costs will most likely outweigh short-term budget savings.”Having probation in place reduces crime,” he said. “So having less probation would likely lead to more crime.” Olson said cuts to specialized programs in which offenders have access to treatment for drug abuse, sex abuse or domestic violence almost ensures the likelihood of repeat offenses, inevitably leading to an increase in the level of incarceration. “It’s an unfortunate situation because probation is a very inexpensive way to try to stave off what could be an individual who imposes an extremely enormous financial burden to society if they continue with criminal activity,” he said.

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Three veteran bail bond agents have filed a legal claim against Orange County CA alleging that the Sheriff’s Department allows gangs inside the jails to steer inmates to certain bail companies in exchange for kickbacks to the gangs.  From the Los Angeles Times.

[T]he agents estimate that their businesses are losing $100 million a year because of the scheme, which is known in law enforcement circles as “capping.”   “It’s impacting my business and there’s illegal activities going on inside the jails . . . to the detriment to the people who are playing by the rules,” Bob Drake, one of the bondsmen who filed the claim, said Friday …

According to the bondsmen’s attorney, Richard P. Herman, former Sheriff Michael S. Carona allowed his top lieutenant, former Assistant Sheriff George Jaramillo, to initiate the scheme, and current Sheriff Sandra Hutchens has allowed it to continue.

In a statement, the Sheriff’s Department said it is in regular contact with leaders of the bail bond industry and will review the claims to determine if an investigation is warranted.  “If we are made aware of any illegal activity in our jails, we will take all appropriate action to see that it is stopped and those responsible are prosecuted,” the statement reads.

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Sheriff Lee Baca of Los Angeles County is in talks with court officials to determine whether reducing bail for nonviolent offenders would cut jail overcrowding at a time when he’s considering closing down the Men’s Central Jail for budget reasons.

Sheriff’s Spokesman Steve Whitmore said Baca is examining the current bail schedule for nonviolent offenders and wants to discuss with judges the prospects for reducing some of types of bail. Baca does not have the power to change the bail schedule, which would require the support of judges as well as prosecutors and public defenders.   Whitmore said that if more offenders could afford bail, fewer of them would be incarcerated at the jails, allowing the sheriff to house violent offenders longer.  The LA Times reports:

Baca said closing the downtown Los Angeles jail, which would greatly reduce the capacity of the county jail system and lead to more early releases of inmates, might be necessary to bridge what he estimates will be a $72-million gap in his budget.  But he was criticized today by some county officials. County officials said they have requested that he draft preliminary plans to reduce his $2.5 billion budget by [just] $62 million …

Some supervisors suggested areas ripe for trimming. “If the sheriff can’t find the savings, we’re willing to help him,” said Supervisor Zev Yaroslavsky, noting that the department’s administration budget has increased by 151% over the last 10 years and the patrol budget has increased by 115% over the same period. “The amount of overtime the sheriff spends is a scandal,” Yaroslavsky added. “We’ll be releasing numbers on that in the coming days.”

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Arab News:

Maj. Gen. Ali Al-Harithy, director general of prisons in Saudi Arabia, said that a plan was under way to introduce alternatives to imprisonment, including parole and posting bail. The Interior Ministry would soon make public the rules and regulations of the new system, he added. “The move is not aimed at reducing the pressure in Saudi jails,” Al-Harithy said in comments published in an Arabic daily. “Our objective is much nobler and greater than that. We want to put in jail only those who deserve it.”

Justice Minister Abdullah Al-Asheikh also spoke about alternative punishments recently. “We have already distributed questionnaires among judges to elicit their opinions and proposals on alternative punishments. Many judges favor the idea saying it would contribute to reforming the accused,” the minister said.

There are 104 prisons and 12 reformatories across the Kingdom, the Arabic daily said, adding that about 32,000 of 44,600 inmates in Saudi jails are foreigners. Nearly 4,000 youngsters aged between 12 and 18 are living in reformatories …

The prisons chief said the bylaw of the new system is being prepared carefully with the participation of different agencies in the light of the best practices in developed countries. The alternatives include releasing suspects on bail.  As punishment, suspects may be asked to do social services, such as cleaning mosques and schools or taking part in activities of charitable organizations or serving patients in addition to other activities that are beneficial to society.

Al-Harithy narrated the benefits of these alternative punishments. “Jail terms have become a burden for the prisoner as well as his family. We have seen some prisoners returning to jail after being released. This forced us to study alternatives to imprisonment in the light of the experiences of developed countries.”  Al-Harithy said about half of the prisoners in Britain spend their term outside prison. “Some countries have adopted very good alternative punishments. We have studied all these best practices to implement a better system,” he added.

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A new rule has added a step for those seeking to be released on bail from Schuylkill County Prison, but also made it easier for them to stay free pending resolution of their case.

No one arrested in the county in a criminal case will be freed on bail until they have been fingerprinted and photographed, Sheriff Joseph G. Groody said in announcing a measure, which was approved by the county Prison Board. The move, he says, merely enforces the law.  “Every time you’re arrested in a criminal case, you have to be fingerprinted and photographed,” said Groody, a former Ashland police officer.

The policy, which already is in effect, should reduce the number of people being arrested for not having those done — which is a violation of their bail conditions. “We did have a problem with people just walking out of prison and going home without being fingerprinted,” said Roy J. Eiler, a former Pottsville police officer who runs the county Central Booking Office where fingerprinting and photographing are done. “They didn’t obey a condition of their bail. Failure to do so results in a warrant of arrest being issued for default in required appearance.” That, in turn, led to more arrests, and more avoidable criminal cases, Groody said. “It’s a big workload in the (magisterial district judges’) offices,” he said. “That’s what I’m trying to alleviate. Its going to make a big saving in the magisterial district judges’ workloads.”

Eiler said the policy conforms to the state Crimes Code, which requires fingerprints to be taken after all arrests. Furthermore, magisterial district judges also order fingerprints as a condition of a defendant’s bail, he said. In spite of that, many defendants don’t comply with the requirement, Eiler said. “They try to evade it. It’s to their benefit to try to evade it,” he said.

jakking Bail, PA Schuylkill County

Sending alleged criminals to live in “bail houses” in residential areas in England has led to an outcry among many people who live near them.

To those charged with keeping a lid on Britain’s growing prison population, they are a common-sense method of coping with defendants going through the courts, and with inmates who have been released from prison.  However, for many of those who live near them, the bail homes – unsupervised and without formal planning approval – threaten to create a haven for drug addicts and become a magnet for crime.   Petitions are frequently started by neighbours fearful of burglars, predatory paedophiles or violent thugs.

However, the government maintains that much misinformation surrounds the homes and that they never house high-risk offenders.  Those who cannot be sent to bail houses include anyone convicted or accused of sexual offences, murder, arson, causing death by dangerous driving, weapons offences, cruelty to children or racially-aggravated crimes …

Private firm ClearSprings now runs 166 homes, with room for 613 people. They are ordinary two-to-five-bedroom houses in residential areas and, unlike traditional bail hostels, they have no on-site supervision …  Opposition Justice spokesman Dominic Grieve said there would always be a need for bail hostels but favours the traditional model, with permanent supervision.”These are not really bail hostels, they are places for people to be sent on early release,” he said, referring to the government’s controversial policy of releasing people early from prison sentences to ease overcrowding.

A Ministry of Justice spokesman acknowledged the pressures on the prison system but said early release prisoners made up a minority in ClearSprings accommodation … “These are people who would be bailed into the community but who, for whatever reason, don’t have a home to go to,” he said …  As the government points out, many of those who stay in bail houses have not been convicted of any crime.

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• After Statesville saved, Illinois legislators don’t want Pontiac closed either.
• Prison/jail reform in Maine continues with the makeup of the new Corrections Board.
• New Zealand Corrections will replace the main prison in Auckland with a new building for $216 million.
• Gale Buckner is appointed Chair of the Georgia State Board of Pardons and Parole
• Bail policies blamed for overcrowding in South Africa

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Newsday has a long article about the growth in the use of monitored home detention for what would otherwise be pre-trial inmates.

The courts, many experts say, are embracing home-confinement technology as it becomes available and as affordable ways of using it are developed. The more common use is for home detention after conviction, but use of pretrial electronic monitoring with electronic ankle bracelets and other devices is growing. “The general public is chafing under paying taxes for prisons,” said Marc Renzema, a criminal justice professor at Kutztown University in Pennsylvania, who tracks the impact of monitoring and confinement techniques. The expense of prisons is the “driver” of increasingly elaborate bail agreements, he said, noting that, nationally, the number of offenders being monitored electronically grew from zero in 1982 to between 8,000 and 9,000 in 1990. Today, Renzema said, as many as 200,000 Americans — most of them already convicted, and some having served prison time –are being monitored electronically.

Much of the article is about the kind of security conditions imposed on alleged criminals who have lots of money to protect them from the every-day jail experience.

When the Muttontown NY couple convicted of keeping domestic servants in slave-like conditions were granted bail before their trial last year, they temporarily escaped imprisonment. But the home Varsha and Mahender Sabhnani returned to was hardly sweet: Their activities, communications and visitors were monitored 24 hours a day by private security guards — a system that cost the couple about $15,000 a day … All doors are locked and only armed security guards hold the keys to their Muttontown home. Guards are posted at two of the doors at all times. The alarm system code was changed, and only guards know the code. All communications are monitored by another guard in the home’s basement. Only one phone, one computer and one fax machine can be used, and all conversations must be in English. Two children with severe diabetes can keep cell phones for medical emergencies; all calls are monitored …

Some of the conditions for the pretrial release of David Brooks, who is accused of looting DHB Industries:

• Post $400-million personal-recognizance bond, secured by $48 million in assets.
• Surrender passport.
• Remain in an apartment in an undisclosed location, where he is monitored through an electronic bracelet.
• Employ a security firm approved by the U.S. attorney’s office. The firm posts two guards, at least one of them armed, who can use “reasonable force” to detain Brooks if he attempts to flee.
• Access to only one computer in the apartment with one Internet connection.
• Consent to unannounced searches by the security firm.
• Monitoring of any visitors to the apartment, who are limited primarily to family and attorneys.
• Movement outside of the apartment is restricted to court appearances and doctor appointments, and only after notifying the U.S. attorney’s office.

More details in the article.

jakking Bail, Electronic Monitoring, Pre-Trial

In England, Canada and many other countries, agreeing to pay a defendant’s bond in exchange for money is a crime akin to witness tampering or bribing a juror — a form of obstruction of justice.

Other countries almost universally reject and condemn [the bailbondsman's] trade, in which defendants who are presumed innocent but cannot make bail on their own pay an outsider a nonrefundable fee for their freedom. “It’s a very American invention,” John Goldkamp, a professor of criminal justice at Temple University said of the commercial bail bond system. “It’s really the only place in the criminal justice system where a liberty decision is governed by a profit-making businessman who will or will not take your business.”

… Most of the legal establishment, including the American Bar Association and the National District Attorneys Association, hates the bail bond business, saying it discriminates against poor and middle-class defendants, does nothing for public safety, and usurps decisions that ought to be made by the justice system … Commercial bail bond companies dominate the pretrial release systems of only two nations, the United States and the Philippines.

The New York Times article is a fascinating look into this business that is a thriving part of our North American industry.

jakking Bail, Pre-Trial