LANSING (WWJ) — Michigan lawmakers are weighing in on a package of bills that would restructure Michigan’s cash bail system.
The Michigan House Criminal Justice Committee on Tuesday held a hearing regarding the bail reform legislation, with Republicans and Democrats split on their views of what the reform would mean for the state.
House Bill 4655 would give Michigan judges the option of imposing cashless bail in some cases. It states unless double jeopardy applies under the state constitution, “a person accused of a criminal offense is entitled to release on personal recognizance or bail that is not excessive.”
When making a pretrial release decision, in part, the court “shall make a determination on the record as to whether a defendant poses a clear and convincing risk of any of the following” — nonappearance, absconding or personal harm to another reasonably identifiable person or harm to the community at large.
Opponents of the bill say there could be a potential threat to public safety, as those detained for some crimes could be released back into the community. Supporters argue all defendants deserve "affordable bail," saying "rich criminals" shouldn’t be the only defendants able to be released.
Michigan Sheriffs' Association Deputy Director Daniel Pfannes spoke against the bills during Tuesday’s hearing, warning that the bills could lead to a rise in crime by releasing high-risk defendants and weakening incentives to appear in court.
“The bond is likely to have been the one reason the individual appeared or complied with the conditions of their release. To eliminate the bond seems counterproductive,” Pfannes said.
Pfannes noted in cases when an offender is required to pay a bond, it is “predicated on their ability to pay and the amount of money they can come up with in 24 hours.”
“Most offenders do not have ready access to cash. This may be a contributing factor as to why they are an offender. By not coming up with any funds, the court is required to release them on personal recognizance,” he said.
Saying the Michigan Sheriffs' Association opposes the reform, Pfannes pointed in part to other parts of the country that have implemented similar measures that are “now being rejected due to adverse outcomes.”
“There are stories out of New York where the system of no cash bond has resulted in three people alone being arrested 300 times for the crime of shoplifting. These same type of laws have just been overturned in California because retail theft had become so rampant,” he said.
Meanwhile, 36th District Court Chief Judge William McConico spoke in support of the legislation. He cited a drop in crime across the city of Detroit that has been seen after the city implemented a version of cashless bonds last year as part of a settlement with the ACLUS.
McConico says Detroit has tougher reform than what's outlined in the legislation, but they’re seeing lower crime.
“What we have done is, we have altered how we are doing pretrial monitoring. Before, people just had GPS; you can just be out and do whatever you want to do. No, we have restrictions. The use of house arrest has been used a lot more, curfews have been used a lot more. And if you violate your tether restriction, your bond is revoked,” McConico said Tuesday.
“Some will say if you have more people out on tethers or more people out on personal bonds, that crime will go up. That’s just not the facts. That’s not what we’re seeing,” he said.
The bills were not taken up by the committee on Tuesday, but will be at a later date. The teens accused in the murder of Oakland County Sheriff’s deputy Bradley Reckling were out on bail at the time of the shooting.