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COURTS POSTING OWN BAIL

AT SERIOUS RISK TO PUBLIC SAFETY

            There's an alarming and dangerous trend sweeping across our nation. I've known about it for some time, but I didn't realize the seriousness of the problem—until now.

             In 1997, a company formed in Indiana that for the first time allowed incarcerated inmates to post their own bail at the jail via credit card. Since, according to the company's website, 30 other states have followed suit.

             For several years, Thurston County in Washington State has allowed inmates to post their own bail directly with the jail/court. In recent months, Auburn, Enumclaw and Wilkeson Courts in King County have begun the same practice.

             So, you ask, what's wrong with that?

             Plenty.

             To become a Bail Agent in Washington State, one has to jump through a lot of hoops to do what we do. We have to have a clean police record, undergo background checks with the feds/state, pass a state test, become licensed with the state, and re-license every year--all of which takes a lot of time and a lot of money. There are no such requirements for court clerks or jail guards.

             I cry foul. If court clerks and jail personnel are doing the same job as Bail Agents, they should be held to the same standards as we are. To give preferential treatment to one group and not the other is unfair, unethical, and should be stopped.

             Secondly, Bail Agents perform vital roles that court clerks and jail guards can't do.

1.      While defendants are out on bail, bonding companies monitor their whereabouts. We keep track of them while their cases are pending. If defendants commit new crimes while out on bail, generally, we know about it. State law says we can return them to custody if public safety is at risk.

2.      If defendants fail to appear in court, we specifically look for these individuals to return them to custody—at our own expense. It doesn't cost the taxpayers any money to do so as the bonding company assumes all liability and pays all costs.

3.      By returning defendants to custody, we produce them in court to ensure justice is served. Though we make no presumptions about guilt or innocence--that's up to the judge and jury to decide--we return them to court so their guilt/innocence can be determined.

4.      Fugitives know that the police don't have the time or the manpower to specifically look for them, but we do. By making all our own arrests, we work with the police to get dangerous criminals off the streets. We help reduce crime and promote public safety.

             By courts setting bail at $1000 Bail Bond or $100 cash, defendants are posting their own $100 at the jail. The real problem with this is if the defendant doesn't go back to court, the court keeps the bail money. Courts financially benefit when defendants fail to appear and no one, to my knowledge, specifically goes out to look for these individuals to return them to custody.

             Having been in the bail business for over twenty years, I learned from experience that if defendants aren't carefully monitored by Bail Agents and quickly apprehended after they jump bail, most re-offend. Not surprisingly, in some areas, the crime rate has already doubled and will only continue to escalate.

             When Oregon outlawed Bail Agents in 1978, to allow defendants to post their own bail with the jail/court, they didn't anticipate their crime rate would skyrocket. With no one designated to arrest fugitives after they jump bail, there are currently over 26,000 felony warrants in one county alone. This figure doesn't include misdemeanor warrants which could easily total in the thousands. Oregon is ranked the 11th highest state in the nation for overall crime. Crime had gotten so rampant, according to my source, Oregon is considering changing the law to allow commercial bail again.

             My main concern is courts aren't doing the job they were designed to do. Their main purpose is to protect public safety, not destroy it. By arranging their own bail with no one monitoring defendants or arresting them after they jump bail, more and more fugitives are running the streets without fear, without repercussions. Granted, courts are financially strapped and trying to make a buck to add to the court treasury and I applaud their efforts. But making a buck at the expense of public safety is not an acceptable option. Second, courts were designed to administer justice. Where's the justice when defendants aren't forced back into court to take responsibility for their actions? What about the victims who don't get their day in court? Sadly, it seems some courts have compromised their integrity just to make that almighty buck.

            For our own safety as well as our children's, we must stop this dangerous trend before it's too late.

            Fortunately, there are several things we can do.

            In most cases, judges are elected officials. Before you cast your vote, study their platform. If they are in favor of court-bail, don't vote for them.

            Educate your friends, your neighbors, your communities. The courts are getting away with this dangerous practice because the general public for the most part, doesn't know they're doing it. They're not advertising it on TV or in the newspaper or on radio. Public safety is ALL our concern. If it's compromised, we should all know about it so we can take the proper precautions.

            Contact your elected officials such as your State Representatives and Senators. Voice your opinion. Let them know what's happening in our communities. Chances are, they don't know about this dangerous trend and would appreciate your input.  

            Ideally, we need new legislation to outlaw the jails/courts from posting their own bail.

            Bailing, monitoring and returning defendants to custody is best left in the hands of the experts—bail bond agents and bounty hunters—who've been successfully protecting public safety for several hundred years.