Bail System Reform

Bail System Reform

10th Circuit Court of Appeals Case

• The 10th Circuit Court of Appeals in Denver is hearing a case concerning bail reform, which could impact states nationwide, including Colorado.
• The case originates from New Mexico, where plaintiffs argue that criminal defendants have a constitutional right to post monetary bail.
• New Mexico eliminated monetary bail in many cases. This intended to prevent poor defendants from being jailed solely due to inability to pay.
• The change had the unintended consequence of detaining individuals who could afford bond while awaiting assessment and a hearing.

Monetary Bail

• Monetary bail allows a defendant to leave jail by paying money to the court or a third-party bondsman.
• This serves as collateral to ensure their appearance at future court hearings.

Colorado's Bail Reform Considerations

• Colorado lawmakers are considering several bills concerning pre-trial release.
• These bills will focus on promoting presumptive release (release without paying money) for low-level crimes, rather than eliminating monetary bail entirely.
• Denise Maess (ACLU of Colorado) noted that eliminating monetary bail doesn't necessarily solve the problem and could keep people in jail longer, referencing the New Mexico case.
• State and local governments are grappling with improving pre-trial release practices amid rising jail populations.

Denver's Actions

• Denver stopped charging defendants for GPS-tracking ankle monitors before trial.
• The city also eliminated many of its pre-trial fees after settling a lawsuit led on behalf of a man jailed for five days due to inability to pay a small administrative fee.

Colorado Supreme Court's Involvement

• The Chief Justice of Colorado's Supreme Court formed a commission in March to study bail procedures.
• Maess noted that the majority of jail inmates are awaiting trial and presumed innocent.
• She stated that the situation has risen to a crisis, necessitating court intervention.

Impact of the 10th Circuit Decision

• The 10th Circuit's decision in the New Mexico case could set boundaries for other states considering bail system reforms, according to Richard Westfall, attorney for the plaintiffs.
• The lawsuit stems from the July 2017 arrest of Darlene Collins, who was jailed in New Mexico for almost six days on suspicion of aggravated assault.
• Her family couldn't immediately post bail due to new rules preventing courts from setting a bond without a risk assessment or hearing.
• Collins remained in custody for six days due to her poor health, a holiday weekend, and the elimination of bonds set in the jail.
• Collins' attorney led a class-action lawsuit in 2017, alleging violation of her constitutional rights due to not being given a chance to bond out.
• The lawsuit invokes the Eighth Amendment, forbidding “excessive bail,” arguing the option for bail must exist.
• The lawsuit argues New Mexico Supreme Court cannot restrict the liberty of presumptively innocent defendants without offering monetary bail as an alternative to pre-trial deprivations.

Statistics and Legal Precedents

• According to the Albuquerque Journal, bail bonds posted through third-party bondsmen in New Mexico's busiest court dropped by 84% after the state Supreme Court changed the rules.
• The number of people in jail on bond also decreased significantly.
• A federal appeals court in New Jersey (which has a similar law eliminating monetary bail) found no constitutional guarantee that a defendant be allowed to use a corporate bond to get out of jail before trial.
• Westfall anticipates a “strong likelihood” of the U.S. Supreme Court hearing the New Mexico case if the Denver appeals court agrees with Collins and contradicts the New Jersey ruling.
• The U.S. Supreme Court is likely to resolve discrepancies in appellate court opinions.
• The U.S. Supreme Court hasn't considered bail questions in three decades, according to Jeffrey Clayton (American Bail Coalition).
• Clayton believes there's a chance some of these cases could reach the Supreme Court.