11/10/2016
Message from the President Beth Chapman Share on FacebookTwitterShare on LinkedinE-mail article
PBUS
Maryland Chief Judge instructs judges to release defendants on their own recognizance in lieu of bail
John P. Morrissey, Maryland’s Chief Judge, recently instructed judges to impose the "least onerous" conditions of release on a defendant if the judge determines the person couldn’t be released on his own recognizance.
This instruction follows an opinion issued October 11, 2016 by the attorney general stating that the state's method of holding defendants on financial bail would be found unconstitutional if the defendant were unable to post such bail. Judge Morrissey stated, "Financial conditions are not an appropriate way of assuring public safety and should not be imposed for the purpose of assuring the detention of the defendant."
The Maryland Court of Appeals Rules Committee will consider a formal proposal on November 18, 2016 to prohibit the use of bail. Marylanders for Public Safety have joined together and are asking all bail agents and citizens of Maryland to write to Chief Judge Morrissey asking him to reverse his instructions regarding the use of bail.
Maryland's current bail rules are intended to assure the appearance of a defendant in court by imposing financial bail. Judges have the discretion to hold a defendant without bail if they are deemed a flight risk or danger to the community. However, Judge Morrissey's instructions now require that the finding against release on own recognizance "must be stated clearly on the defendant's record so that it is capable for review."
The constitutional right to bail is under attack once again. Chief Judge Morrissey's mandate will affect public safety in the state of Maryland and could potentially release dangerous offenders into the community with only their promise to return for court. We need your advocacy NOW to save the state of bail in Maryland and to continue to promote effective public safety measures.
Marylanders for Public Safety have created an email letter writing campaign to Judge Morrissey to uphold Maryland's proven bail system. Email Judge Morrissey today and respectively request that he follow the proven bail system currently in effect. Please share this information on your social media networks and ask all followers to email Judge Morrissey as well.
Thank you for joining PBUS in this fight to save bail in the great state of Maryland.
Proposition 57, Gov. Jerry Brown's push to loosen prison parole rules, is approved by voters Share on FacebookTwitterShare on LinkedinE-mail article
Los Angeles Times
California voters handed a decisive victory to Gov. Jerry Brown on Nov. 8 in his effort to reshape the state's criminal justice system, approving a ballot measure to offer a new chance at prison release for thousands of prisoners. Proposition 57, the governor's plan to further shrink the state's prison population, was supported by almost two-thirds of voters in Nov. 8 night returns. Its strongest support came from urban areas with a sizable number of Democratic voters. READ MORE
Say goodbye to government by the people Share on FacebookTwitterShare on LinkedinE-mail article
San Francisco Chronicle
When San Francisco City Attorney Dennis Herrera announced that he would not defend the city in a federal lawsuit challenging state bail laws, he said, "Keeping people locked up for no reason other than they can't afford to post bail can have far-reaching consequences. People lose their jobs and their homes. Families fall apart. Taxpayers shoulder the cost of jailing people who don't need to be there. In other words, the current bail system is not just unconstitutional, it’s bad public policy." READ MORE
New Mexico voters overwhelmingly approve ban on unaffordable bail: Impact 2016: Justice For All Share on FacebookTwitterShare on LinkedinE-mail article
Cleveland.com
New Mexico voters passed a constitutional amendment that prohibits judges from jailing people solely because they can't afford bail. The statewide measure, approved 87 percent to 13 percent, will scale back the use of money as a means for getting out of jail. It also sets up a process that poor defendants can follow to seek relief from bail, and gives judges another tool for jailing potentially dangerous people. READ MORE
Bail reform gets support in San Francisco Share on FacebookTwitterShare on LinkedinE-mail article
The Bay Area Reporter
Several San Francisco law enforcement officials are expressing support for bail reform in response to a federal lawsuit against Sheriff Vicki Hennessy. The lawsuit, filed in 2015 by the Washington, D.C.-based nonprofit Equal Justice Under Law, seeks to end the practice of money bail in the city. It involves Riana Buffin and Crystal Patterson, who couldn't afford bail after they were arrested last year in San Francisco. READ MORE
MISSED AN ISSUE OF PBUS NEWS UPDATE? VISIT AND SEARCH THE ARCHIVE TODAY.
The best way to promote any Bail Reform scheme that proposes to eliminate secured accountable bail: Lie and disregard the inconvenient truths. Share on FacebookTwitterShare on LinkedinE-mail article
BailBondsman.com
No rational taxpayer will like the inevitable consequences of releasing all accused criminals on unsecured bail and promises to appear. New Orleans City Councilman Susan G. Guidry introduced a Municipal Ordinance that would require the jail to release all accused criminals immediately following their booking. For those who must appear before a judge, the proposed ordinance directs the judge to release the accused on his or her own recognizance. READ MORE
Judge whose low bond allowed ex-con to walk, shoot down NYPD Sgt. Paul Tuozzolo ignored DA's plea for higher bail Share on FacebookTwitterShare on LinkedinE-mail article
New York Daily News
A Long Island, New York, judge who helped set a career criminal free before he killed a cop recently had ignored a plea to set a much higher bail that would almost certainly have kept the felon behind bars, prosecutors said Monday. Instead of the $20,000 cash bond requested by the Suffolk County DA's office, repeat felony offender Manuel Rosales had to cough up only $1,000 to get out of jail after an arrest on domestic violence charges. READ MORE
Eric Holder wants to end bail as we know it Share on FacebookTwitterShare on LinkedinE-mail article
City Lab
Nationwide, a movement is growing to address what civil rights advocates have called a "wealth-based detention scheme" — the traditional bail system, which often holds arrestees who can't scrape together the funds to post bail, even for minor offenses. About 450,000 Americans are held in jails each day because of inability to pay, according to the Southern Center for Human Rights in Atlanta and Equal Justice Under Law, a Washington-based civil rights group. READ MORE
Nation has been slow to follow through on LBJ's bail reform dream Share on FacebookTwitterShare on LinkedinE-mail article
Reveal
As President Lyndon B. Johnson pushed Congress to pass the federal Bail Reform Act in 1966, he hoped the new law would become an "enlightened model" for states and communities that had not reformed their bail systems. "Yet all too often we imprison men for weeks, months, and even years — before we give them their day in court — solely because they cannot afford bail," Johnson told Congress. READ MORE
Flying body cameras: The next wave of police technology Share on FacebookTwitterShare on LinkedinE-mail article
By Bambi Majumdar
Amazon was recently awarded a patent for a miniature unmanned aerial vehicle, or UAV, that would be used for law enforcement and public safety. Designed for police officers, these body cameras may literally fly in future. Commonly known as a drone, the UAV can work as a mobile police dash cam or a body camera, and it can even be used to search for suspects and to trace a missing child. According to Amazon, this wearable "assistant' would work as the eyes and ears for the user. READ MORE
Texas looks to fix prison overcrowding Share on FacebookTwitterShare on LinkedinE-mail article
Courthouse News Service
With more inmates in custody than any other state, Texas is a bellwether for national criminal justice trends. Experts credit rehabilitation programs with reducing Texas' prison population by 10,000 in recent years, and reforms percolating at the local level are expected to divert even more from the system. Texas has 109 state prisons that house around 147,000 inmates. READ MORE
TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.
•Constitution change on bail is not needed (Albuquerque Journal)
•Prosecutors want to bail out of Indiana's new bail reform program (WBND-TV)
•SF won't defend 'unconstitutional' bail system in lawsuit (San Francisco Examiner)
Don't be left behind. Click here to see what else you missed.
