Category Archives: Bail in America

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.

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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.

GPS: Criminal Justice Hero or Criminal Justice Zero

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GPS, or Global Positioning System devices, have become one of the fastest growing consumer products in recent history.  Whether they are imbedded in your smart phone to let people know where you are or whether they sit on the dashboard of your car to prevent you from getting lost, GPS devices are becoming more entrenched into our everyday lives.  The question now becomes:  where does GPS make sense and where doesn’t it?  For example, the criminal justice system has embraced GPS as the Second Coming and is now moving towards implementing it in more ways each and every day.  As a citizen of the US and an active member of my local community, I have to ask: how can GPS by itself be the cure-all solution for the problems that ail our criminal justice system?

I have been connected to the criminal justice system for most of my adult life.  I have seen new ideas and technologies come and go like the seasons changing throughout the year.  While some stick and become commonplace, others come and go faster than you can say “change.”  But some go on and on trying to re-invent themselves and reposition themselves until they are able to stick a little bit stronger with the public.  GPS is one of those concepts.  While on the surface, the idea of having the ability to track an individual is great. However, the reality of doing so in an effective way is where the challenge lies for GPS being, as it claims it is the solution for things like jail overcrowding.  Here are just some of the out-points of this cure-all technology:

  • GPS tracks the person, but no one tracks the GPS.
    While GPS is capable of tracking the location of a person down to their placement on a sidewalk, the big question really is less about that and more about who is monitoring the GPS device so that a crime can be prevented.  There have been countless reports of people who have gone outside of house arrest or who have violated an exclusion zone (an area they must avoid as part of their release agreement) and committed a crime, but no one knows that the violation occurred (or much less that it is about to occur) because no one is monitoring the system.

 

  • GPS tells you where the defendant was when they cut off the device.
    Many opponents of GPS monitoring believe that the above statement is a big reason why GPS fails.  Defendants sometimes cut off the device and then disappear….only to be caught again after committing another crime and creating another crime victim.  All the device tells a monitor is where the defendant was when he cut the bracelet off.

 

  • GPS does not prevent crime, but rather just tracks it.
    Since you can only see the location of the person, all GPS really does is tell you where they are and not what they are doing.

 

These are but three shortcomings of GPS and also three big questions that need to be answered before we can truly see it as an effective means of tracking and monitoring defendants.
I believe that there is a solution to increasing the effectiveness of a GPS device. It is a solution that has proven itself time and time again to be the most effective element in the criminal justice system and the only element that actually provides a guarantee of performance.  That solution is to couple the new technology (GPS) with the historically proven effectiveness of the commercial bail industry.  What makes the commercial bail industry such an effective solution for the criminal justice system is that it creates accountability.  Accountability with the defendant. Accountability with the family, friends and potentially the colleagues of the defendant.  And most importantly, accountability with an AM BEST rated insurance company and its independent insurance agent (the bail agent) who provides the product to the consumer.  When you couple these things with the ability to track a person through a GPS device, you get a superior result within the pretrial release process.  If the defendant wearing the device fails to perform, there is an insurance company that must pay the bail amount to the county. But when you couple GPS with another government run, taxpayer funded program that places un-invested, 9 to 5 employees in charge of tracking and monitoring defendants you get an inferior program that will not only leave defendants unaccountable but also leave the public less safe.
Once again, I encourage key decision makers to bring the commercial bail industry to the table when discussing ways to improve the system.  It brings a level of experience, knowledge and success that can be leveraged in ways to improve the effectiveness of pretrial release and improve the safety of our communities.  All local officials must be willing to do is ask.

“FREE BAIL” Denied: Hats off to San Mateo County

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I would like to dedicate this blog post to the hard working men and women in the San Mateo Criminal Justice System. On behalf of the AIA family of insurance companies, the oldest and largest surety bail underwriters in California and the country, I would like to extend a “job well done” to the decision makers who did not drink the Pretrial Justice Institute’s jug of Kool-Aid.   If you didn’t read the recent OP-ED piece in the Daily Journal out of San Mateo County this week, then you missed a misguided and misinformed OP-ED article by consultant and apparent friend of the Pretrial Justice Institute (PJI), Bob Cushman.  For those of you who don’t know who PJI is, they are the left wing radical group that has made it their mission to install a taxpayer funded “FREE BAIL” program in every county throughout the country.  The ultimate goal: to eliminate thousands of small, family run bail bond businesses and the commercial bail industry altogether…but I digress.

Based on the article, Bob is pretty upset that county officials didn’t move forward with PJI’s taxpayer funded criminal welfare system recommendations.  According to Mr. Cushman, the county is “resisting the adoption of modern, evidenced based practices to reduce the 76% of people in our jails pending trial.”  Let’s quickly break down that last statement.  First, “resisting” is a pretty strong word coming from a supposed independent objective consultant. Maybe they aren’t “resisting” but rather making a smart informed decision based on what’s best for the county.  In fact, their “resistance” is based solely on a study that PJI did for the very purpose of installing their program into San Mateo County.  So to call an objective decision “resistance” is certainly stretching it a bit.  Then again, that is pretty much a common practice of the folks at PJI…it is their way or the highway.

 

Next, let’s look at the words “modern, evidenced based practices.”  One would think that “evidence based practices” require actual evidence.  Has anyone ever produced evidence of these so called modern techniques they use to let people out of jail for FREE with no accountability?  I know I haven’t seen any evidence.  I also know that we have asked PJI for their statistics that show the results of the program, but continue to get excuses and red tape.  The fact is: there already are statistics.  The U.S. Department of Justice has studied pretrial release for many years and has statistics that show how well…or how poorly these “modern, evidenced based” pretrial release programs perform. Just an FYI: secured release, i.e. commercial bail, outperforms these taxpayer funded “FREE BAIL” programs in terms of appearance rates by almost 2 to 1.  But since those statistics weren’t good for their side, PJI used their influence to have the DOJ rescind over 20 years of research.

 

So it has become very clear and obvious that research isn’t PJI’s expertise.  Just look at last week’s recent Star Telegram article out of Tarrant County Texas that uncovered how a PJI promoted program was calculating their failure to appear rates (FTA).  While the commercial bail industry calculates its FTA rates, we use a “defendant based” approach…that is, when a defendant misses any of their court dates, it is considered a 100% FTA.  Pretrial Services, on the other hand, calculates their FTAs using a more liberal event-based approach…that is, when a defendant misses his trial date, but did manage to go the previous 3 times he was called, they only count it as a 25% FTA.  The fault here is the bigger the number you divide by, the smaller the result.  So are these really “evidenced-based” practices or “fantasy-based” practices.  We think they are the latter.

 

Lastly, Mr. Cushman mentions the statistic “76% of the people in jail are awaiting trial.”  We think that is a great number…a great number that needs to be studied.  PJI is selling their red herring that the jails are crowded because people can’t afford a bail bond.  This statement is anything but a fact.  I just recently blogged on this topic and you can read that blog by clicking here.  The high level summary is that bail bonds are not unaffordable.  Yes, some bails, especially in California are set too high (and the bail industry advocates a review of the schedules), but with flexible financing and credit options (just like any other industry offers), any consumer can get a bail bond.  In this tough economy we have done what any other business does: we have developed a pricing model to accommodate the marketplace.  So people aren’t languishing in jail because of the commercial bail industry.  Our industry fully supports a study of jail populations to determine who really is in there.  We are confident that the results will show that commercial bail is not the problem…but rather in our opinion, may very well be the solution (see my other recent blog post).

 

We think that PJI needs to take its cross hairs off the commercial bail industry and focus more on perfecting the programs and processes that pretrial programs were designed to operate.  The bail industry has no objections to the existence of Pretrial Service Agencies.  As an industry, we believe that they play an essential role in helping special needs defendants get the help they need.  However, as citizens and members of our own local communities, we do have an objection to those programs releasing individuals out of jail on simply a promise to return, with little to no supervision or follow-up, and no accountability when they don’t show up.  As community members, we object to our public safety being negatively impacted with our own tax dollars.

 

So I am sorry that Mr. Cushman is unhappy that PJI’s research report, with its smoke and mirrors, didn’t convince San Mateo’s leadership to spend millions of dollars funding another ineffective government program.  At the same time I am proud of San Mateo for being smart about how it spends taxpayer dollars.  I am proud of San Mateo for supporting small, family owned, private businesses.  And I am proud of San Mateo for looking out for the public safety of its citizens.

Pretrial Services Fails Again: Time to Tell the Truth

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If you have picked up a paper recently you probably have seen story after story about crowded jails.  Too many crimes being committed, but not enough jail cells to house those that break the law.  So, you are probably wondering why the jails are crowded.  Well the folks at the Pretrial Justice Institute (PJI), an organization dedicated to the elimination of commercial bail and other financial means of release, would like you to believe that the jails are crowded because people can’t afford a bail bond.  In fact, according to their own research (which by the way, no one except them has seen), they state that anywhere from 60% to as high as 80% of the pretrial populations sitting in jail are stuck there because they can’t afford a bail bond.

The first question I have is where is the research?  Show us the breakdowns of these populations and prove that people truly are “languishing” away in prison because of the bail bondsmen, who by the way do not set bail — that’s the judge’s job.  The problem is that there isn’t any research…at least none actually done by PJI…and to be honest, none that supports them as an effective source of pretrial release.  If PJI only took the time to actually research the make-up of the jail populations as opposed to touring the country pitching national associations to sign resolutions of questionable merit and veracity supporting their FREE criminal welfare programs, they would see that the jail populations are comprised of many different types of individuals…most of whom can’t be released on bail…not because they can’t afford it, but rather because they don’t qualify.  For example, some sitting in the county jail right now are the following types of individuals:

–  Those being held on immigration violations – do not qualify for bail

–  Those waiting to be transferred to a state prison – do not qualify for bail

–  Those waiting to be transferred to another jail in another state or county – do not qualify for bail

–  Those being held on probation violations or “blue warrants” – do not qualify for bail

–  Those actually serving out their sentence in a county jail – do not qualify for bail

–  Those that are deemed too dangerous for the community or are a flight risk – do not qualify for bail

–  Those whose bail was set so inordinately high that they were never intended to be released anyway

–  For those that do have a bail bond set, affording one is not a problem.  With flexible financing and payment

options, bail bonds can be purchased quite readily.

So why are jails overcrowded if it is not that people can’t afford a bail bond?  We think that is a good question and one that should be answered through research as opposed to just pointing at the usual easy target, the bail bondsman.  In fact, a recent article in the Charleston Daily Mail, uncovered that probation and parole violations accounted for 38% of the jail population in a West Virginia jail (see the article by clicking the link: Parole violations add to jail woes).  While this is only one glimpse into jail populations in West Virginia, it just goes to show that there are many reasons for jail overcrowding and not just the one of “not being able to afford a bail bond.”  In fact, the Texas Public Policy Foundation recently commented on the topic of jail overcrowding by stating the following:

“The most important preliminary step available to counties seeking to reduce unnecessary pretrial incarceration is to review their jail population data to determine the number of defendants who are locked up solely because they could not afford a commercial bail bond.”

For years the anti-commercial bail PJI has targeted bail agents for extinction. We are a solution, not the problem with the criminal justice system.  In fact, the bail industry is the only entity that “guarantees” performance in the criminal justice system…and if we don’t perform we pay the court.  How does PJI respond when pretrial service agencies fail to perform, which they so frequently do?    Now that is a question that needs an answer.  What do you think?

via Behind the Paper with Brian Nairin: Pretrial Services Fails Again: Time to Tell the Truth.

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