Bail Reform is today’s big deal in Dover. Why is it a big deal? Because the ability or inability to make bail for non-violent offenses is often the difference between being able to work and care for a family or sinking into an economic black hole. While a well-heeled drug dealer pays bail and moves on (and sometimes out of state) without a second glance, someone held on a possession charge remains in jail. HB 204 (Rep. J. J. Johnson) seeks to rectify that basic inequity. From the synopsis:
An analysis of data for pretrial detention and bail shows that Delaware’s bail system is failing in two ways: we unnecessarily detain individuals who lack funds for their release, and on the other end of the spectrum, we release defendants who fail to appear or remain law abiding during their period of pretrial release.
This bill is not a panacea, but represents significant progress in moving away from the ‘lock ’em all up’ mentality that grew out of the so-called ‘War On Drugs’ that was implemented by the most regressive troglodytes in Dover–Tom Sharp, Wayne Smith, Jim Vaughn and then-AG Jane Brady. It is a consensus-driven bill developed by law enforcement, the courts, the AG’s office, the Public Defenders Office, and others. Here’s what the bill would do:
Specifically, this Act makes the following changes to the bail/pretrial process: – Use risk to determine conditions: Require courts to consider risk by using empirically-based tools to determine whether a defendant is likely to stay out of trouble and come to court, and use that information to make individualized “assignments” of conditions of release. – Defines purpose of release conditions: Limit conditions of release to things that will reasonably assure the defendant will show up in court, and protect victims, witnesses, and community members. – Create more opportunities for conditions to be added or removed: Make release conditions “living documents” that will automatically be reviewed if a defendant does not initially meet them, if a defendant does meet them and then violates those terms, or if the defendant or their custodian makes a motion to modify those conditions. – Empower pretrial officers: Gives Department of Corrections more tools to investigate and address violations of release conditions so the courts can address violations promptly and impose sanctions if necessary. This bill further requires the court to conduct a review of conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment because of inability to meet any condition of release (including a financial condition). Such a review must happen within ten days of detention.
So, you can see that this is not a ‘Get Out Of Jail Free’ card. But it’s a marked improvement.
The bill passed the House by a 38-3 vote. With the police and the Department of Correction on board, I see no reason why this shouldn’t pass the Senate. We’ll keep a close eye on who votes no.
I just have to say this: Something this fair-minded could never have passed the General Assembly twenty years ago. This is genuine progress. If you haven’t done so already, contact your Senator and urge them to vote for this bill.
HB 204 is the only bill on today’s Senate Agenda.
Today’s House Agenda features one bill of note: The ‘Turn The Schools Into Impenetrable Edifices Act’ of 2018. Since the General Assembly will do next to nothing to stop the flow of dangerous weapons to the most deranged among us, we must apparently limit the damage these would-be mass killers can do. HB 49 (Jaques) ‘requires all new school construction or major renovation to include the following features: an intruder alarm, bulletproof glass in entrance areas and interior doors and windows, and doors lockable with keys on both sides’. Hmmm, might be time to invest in one of those bulletproof glass companies. I wonder if any legislator’s family has an interest in such an enterprise…
Oh, before I forget, HB 260 (Longhurst), which creates a new Grants-In-Aid Committee separate from the Joint Finance Committee, unanimously passed the House last Thursday. And why not? While, yes, the newly-created committee will not have the same time constraints that the JFC did in considering grants requests, the members of this new committee will be able to deliver checks to entities within the confines of the their respective districts. What’s not to like?
I’ll be back tomorrow with a preview of committee meetings. And, coming Thursday, the State Of The State.