States would be encouraged to replace money-based bail systems in criminal court proceedings with a system that weighs a person’s flight risk and risk to public safety under bipartisan legislation introduced by U.S. Rep. Carlos Curbelo (R-FL) on Wednesday.
Under the Pretrial Integrity and Safety Act of 2017, states would be encouraged to adopt a pretrial risk assessment system that enables judges to conduct individual risk assessments when determining if bail should be granted. A defendant’s criminal history, the current charge and other factors would be used to determine if a defendant should be released before a trial.
“Currently, bail systems in states across the country effectively discriminate against poorer defendants,” Curbelo said. “Even the smallest financial penalty can be more than a family that is already living paycheck-to-paycheck is able to afford. Defendants who lack the means to pay are often left incarcerated while wealthier and sometimes more dangerous defendants wait for their day in court in the comforts of home.”
Curbelo introduced the bill with bipartisan support from U.S. Reps. Ted Lieu (D-CA), Mia Love (R-UT) and Sheila Jackson Lee (D-TX). U.S. Sens. Kamala Harris (D-CA) and Rand Paul (R-KY) introduced a Senate version of the bill, S. 1593, earlier this year.
“The Pretrial Integrity and Safety Act would help modernize our system so that bail is set on flight and safety risk instead of financial means — better protecting the American public from more dangerous criminals and giving less fortunate offenders an equal opportunity to prepare for their day in court,” Curbelo said.
The bill notes the great expense associated with the current pretrial justice practice. It costs taxpayers about $38 million a day to jail individuals who are awaiting trial.
Americans are entitled to due process under the Constitution, Lieu said, and locking people up before they have their day in court because they’re poor is un-American.
“Moving to a system where bail decisions are instead based on flight and safety risk will not only restore justice to our criminal justice system, but it will also keep us safer and save taxpayer dollars,” Lieu said.