Bail Bondsmen Oppose Pretrial Release Programs
Pretrial release programs are a hotly contested issue and have been making headlines recently. With tightening budgets around the country, there has been a push to increase pretrial release program utilization by some jurisdictions. As a result, these programs have become a political issue being fought in places like South Carolina, Florida and other states as stakeholders dig in. Usually bail bondsmen are staunch critics of the programs, while local politicians push to make them more pervasive.
In some jurisdictions, pretrial release programs have been installed to help newly arrested defendants get released without having to go through the bail bonds process. Counties are often in favor of the programs because they quickly decrease prison populations and reduce bail hearing burdens. The reasoning is that those released from jail are no longer housed, fed, supervised or otherwise cared for at the taxpayers’ expense.
Prospective program candidates are usually screened by their current criminal charges, criminal background and other factors to identify eligible individuals. In addition, some pretrial candidates may receive job assistance, counseling and other services. Reducing taxpayer costs while providing rehabilitative services seems like a great idea.
Bail bondsmen say not so fast. Obviously the more pretrial release programs are used the more business bail bonds agents lose. Those same people that are released through county programs are potentially paying customers for bail bonds agents. However, bail bonds agents point out it that isn’t just about the money they potentially lose. They claim they are better stewards of released defendants than county programs could ever be.
In most cases, these programs doesn't have arrest powers. Consequently, if defendants don't appear in court as ordered, the program issues a warrant. The warrants are then the responsibility of law enforcement to apprehend and return defendants to custody. Shrinking budgets and over stretched resources have made these warrants a very low priority in most cases. While, a bail bondsman is financially motivated to find defendants that don’t appear. If the bail bondsman doesn’t return a fugitive to custody, they are responsible for the entire bail amount. As a result, bail bondsmen make fugitive apprehension a very high priority.
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