Monthly Archives: September 2012

The War on Public Safety

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A Critical Analysis of the Justice Policy Institute’s Proposals for Bail Reform

 

Whether consumers realize it or not, there is currently a war being waged in the criminal justice system: a war being waged by government funded programs on a private industry.  A war being waged with taxpayer dollars against a private industry that generates significant revenue for states and local communities. A war being waged that adversely impacts our communities’ public safety interests.

Did you know that violent career criminals are being released from jail on nothing but a promise to return for their court dates?

Did you know that your tax dollars are used to fund these releases?
 
Did you know that almost 30% of those people released on a “promise” never show up to court?

Did you know that no one goes after those people to bring them back?

Did you know that the only way these persons are returned to custody is when they are ultimately re-arrested for additional crimes…thus creating another crime victim in the process?
 
Did you know that there is a method of pretrial release that doesn’t cost taxpayers anything?
 
Did you know that there is a method of pretrial release that ensures that 99% of those released make it to court…and that for those who do not make it to court, it pays a financial penalty to the county?
 
If you answered “No” to any of the above questions, then you will want to read the following document. CLICK HERE

via American Bail Coalition – Dedicated to the long term growth and continuation of the surety bail bond industry.

Pretrial Fail – Truth and Deception

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If you are a bail bond agent or someone that works in the bail bond industry then you have probably seen the new marketing materials being distributed by a group calling themselves the Justice Policy Institute or JPI…of course not to be confused with PJI (the Pretrial Justice Institute).  While their philosophies seem to be the same, they are different organizations.  The marketing piece that I am referring to is entitled, “Bail Fail: Why the US Should End the Practice of Using Money for Bail.”  As you can probably tell by the title, it is a piece that concerns me both as an individual in the commercial bail bond industry, but even more as a member of my local community.  Why?  Because we all know that releasing someone from jail pretrial on an unsecured promise to return to court is the most ineffective way to ensure the appearance of that defendant in court.  To release them without a financial guarantee of some kind is in essence letting them out for FREE with NO ACCOUNTABILITY to the system.  No accountability to show up for court.  No accountability to pay for their crime.  And ultimately no accountability the victim.

As I read the document and maneuvered through the fact-less claims and statistics, it started to click in my head what the problem was.  The argument being made by JPI is completely faulty.  Bear with me while I explain why.  First, their main premise is that all forms of money bail are bad and ineffective.  But what they really mean is that “commercial bail” or secured release is bad.  Why, because, if all forms of money bail are bad, than they would be criticizing themselves.  What they fail to recognize is that pretrial release programs are “money bail.”  The difference is the money doesn’t come from defendant’s families, but rather from taxpayers.  Who pays for the salaries of the people who work in the pretrial office? Taxpayers do.  Who pays for the office space and the office supplies?  Who pays for the clipboards and pencils that they conduct their evidenced based assessments with?  Taxpayers do.  In fact, everything they do costs taxpayers money.  So to say that they shouldn’t be included in the “money bail” category is extremely myopic and untrue.  

 

That being said, the real discussion that needs to happen in the criminal justice community is not around the money, because at the end of the day the money is part of all forms of release.  The discussion and comparison needs to be around results and effectiveness.  The real conversation needs to be around “secured release” versus “unsecured release” and which method is more effective in achieving its purpose (getting a defendant to court) and which is better at maintaining the highest levels of public safety. And I will have that debate all day long.   And to be honest, that discussion is not much of a debate, because secured release outperforms unsecured release in every dimension possible…especially in the key dimension of getting people to court, where secured release outperforms unsecured release almost 2 to 1.

 

The pretrial community does not want to have that discussion. Why?  Because they can’t win.  They can’t outperform financially secured release and they don’t have the record to compete head to head with us.  So instead, they distract and deflect the truth and force the conversation on to untrue things like how evil and greedy bail bondsmen are and play into that negative image of the bail industry (sound familiar?).

 

So let JPI produce its fancy marketing pieces and denounce “money bail” as evil and unnecessary.  Because, at the end of the day, I know that their argument is not only weak, but devoid of any reliable statistics that matter.   Commercial bail is a profession that exists because it is needed.  It is not around because bail agents are good at lobbying state and local governments. Commercial bail is a profession that exists because it works…and it has to work if you think about it.  On average, bail agents take only 10% of the bail amount as premium.  If the defendant doesn’t appear in court and the bail agent doesn’t get them back, the bail agent is responsible for 100% of the bond.  So even if the bail agent gets 9 out of 10 defendants back (which is much better than pretrial programs get), he would be breaking even and more likely than not losing money because of the cost of doing business.  The very nature of the math, forces the bail profession to be successful and to ensure that defendants appear…because if we don’t, we go out of business pretty fast.
 

Let me end with this.  AIA is comprised of three companies, Allegheny Casualty Company, which has been around for almost 80 years, International Fidelity Insurance Company which has been around for over 107 years, andAssociated Bond, who has been around for 80 years.  We underwrite more bail than any other surety in the country and all three of our companies couldn’t be stronger and more successful.  If anything these three companies are a testament of the effectiveness of bail as a profession and a safe and reliable form of release.  So call it money bail or anything you want, but in the real world the proof is in the pudding and financially secured release through a commercial bail bond does work and it does so better than every other method around….oh yeah and it doesn’t cost taxpayers a thing.

Behind the Paper with Brian Nairin: Pretrial Fail – Truth and Deception.

Related Posts

Best Bail Bond Rap Commercials | Lawgical Blog

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Reason #64 that we love doing marketing and SEO for the Bail Bond industry – Bail Bond Rap Commericials! Here’s the best I came across while searching YouTube. If I’ve missed any that need to be on this list, connect with me on Google+ drop me a line. Here they are in no particular order.

“Cruisin’ Down the City Streets”

Free Bail Bonds, Las Vegas NV

This one might be my favorite. Awesome production, and the rap is actually pretty good. I know who I’m hiring next time Vegas gets the best of me.

“Ask First”

Ask First Bail Bonds, Memphis TN

They get my vote for funniest. I pretty sure that 6-year old was driving the car in the beginning. A little on the long side, but the first 45 seconds is gold.

“99 Problems, but bail ain’t one!”

Absolutely Affordable Bail Bonds, Santa Barbara CA

Bad Boys Rap

These guys are always good for some creative bail marketing. I like the Fresh Prince style here.

“A Better Does Everything!”

 A Better Bail Bonds, Houston TX

Z-RO Greenspoint Rap

Greenspoint Bail Bonds, Houston TX

“Beggin’ for Bail”

This one isn’t a bail agency, but it has to be somewhere on this list. He’s rapping about getting his wife out of jail. Sounds a little like Too Short.

via Best Bail Bond Rap Commercials | Lawgical Blog.

Innocent Til Proven Guilty, The Truth About Pre-Trial Detention in America

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In Cook County, Illinois as it is in most counties across the country, when a person is arrested, they are delivered to the custody of the sheriff of that county. In metropolitan areas, police patrol impoverished regions twice as much as wealthier areas. This makes police contact and arrests twice as likely to happen in these areas. While in the sheriff’s custody, a judge or magistrate issues a bond; a bail amount to be paid for this individual to regain his freedom during court proceedings. The defendant remains in the custody of the sheriff until that amount is paid or the final disposition of the case. Currently county jails are overcrowded with detainees awaiting trial, over 2/3 of these defendants are non-violent and have proven no risk of flight.

Any person could find themselves in this situation. All it takes is for an allegation to be made to the authorities, regardless of any other facts regarding the allegation. Our constitution clearly regards our citizens as innocent until proven guilty, yet across the country; individuals are warehoused in facilities that surely undermine the intentions of our great constitution. If we are to adhere to the constitution, why are innocent but accused being snatched from homes, jobs, families & communities to be housed in deplorable conditions, conditions far worse than those of their convicted counterparts?

Individuals held in pre-trial detention lack not only the resources to provide bail release; they often lack funds necessary for adequate defense. This puts them at the mercy of the system that incarcerated them. Utilizing the public defender’s office, an office that works closely with the state’s attorney’s office, they are offered plea agreements with freedom as the bait. Having been beaten down by weeks of incarceration, regardless of innocence or guilt and as a way of attempting to preserve some semblance of a family structure, they accept the agreement. The agreement normally guarantees that for their plea of guilty, they would receive probation or supervision. Other detainees are released after prolonged periods of incarceration due to lack of evidence, case dismissal or finding of not guilty. Even in these situations, the effects on family, employment, and community of being incarcerated for 30-90 days or longer are devastating and often irreversible.

A complete overhaul of our judicial system is a long past due necessity. Changing the way streets are patrolled and what defendants are arrested for would begin the process. Ticketing non-violent infractions of the law and issuing a court date would free up space for more violent offenders. This would loosen up millions of tax dollars spent annually on housing non-violent detainees awaiting trial. The Bureau of Prisons uses a point system when determining the security level of the facility in which an inmate should be detained. Pre-trial services could adopt a similar strategy when evaluating the flight risk of detainees.

Accepting the fact there there is a need for change in our current judicial system is paramount. There is not one department that is exempt as the total system is flawed. Change must be initiated by the judges elected to interpret the law. Judges are the only officers of the court that have the power, influence, and respect to act as catalysts for change. Communities and constituents empower judges, therefore they too must be at the forefront to hold accountable those that abuse the system. Only with judicial and constituent influence can we ever begin to repair a system utterly littered with such potentially devastating flaws.

via Innocent Til Proven Guilty, The Truth About Pre-Trial Detention in America – Chicago Prison Policy | Examiner.com.