By Ben Solis
Gongwer News Service
Supporters of a bill package that would scale back the cash bail and pretrial detention system told a House committee Tuesday that changes were necessary to end the punitive nature of remaining jailed if a defendant cannot afford bond, while opponents argued the bills advance no real public safety measure and would only delay justice for crimes.
Members of the House Criminal Justice Committee heard testimony only on the package – HB 4655 , HB 4656 , HB 4658 , HB 4659 , HB 4660 and HB 4661 – which at its core would limit the use of cash bail to keep defendants detained during the pretrial phase of a criminal action. It would further allow defendants accused of low-level crimes and non-violent offenses to be released without heavy cash bail.
Assaultive, violent and sex offense crimes would not be eligible for consideration. Meanwhile, the bills would allow judges to maintain bail decision discretion on a case-by-case basis.
Rep. Stephanie Young (D-Detroit) said the package was a unique path forward and the culmination of Gov. Gretchen Whitmer’s Joint Task Force on Jail and Pretrial Incarceration. Young said cash bail disproportionately harms low-income people and people of color, and that work was needed.
Rep. Tyrone Carter (D-Detroit) said the package would change the bail system so defendants awaiting trial are not jailed simply due to their inability to pay bail.
Rep. Kristian Grant (D-Grand Rapids) added that the bills aimed to expand pre-trial services and supports.
“Currently, pre-trial systems throughout much of this state have been disproportionately impacting certain communities. Statewide, research shows that approximately 60 percent of pre-trial detainees make up Michigan’s jail population,” Grant said. “For many of these detainees, a judge has already determined that they can be safely released. The only thing preventing their freedom, however, is the size of their bank account. This perpetuates a two-tier justice system, one for the wealthy and one for everyone else.”
Rep. Luke Meerman (R-Coopersville), the lone Republican sponsor of the package, said the Fifth and 14th Amendments to the U.S. Constitution enshrined rights of due process and that all defendants are innocent until proven guilty, and noted that not every defendant in a criminal case is a flight risk.
“Pre-trial reform will ensure offenders can remain productive members of the society by maintaining their employment and housing. Pre-trial reform supports individual liberty by allowing people to remain free pending trial while preserving the presumption of innocence,” Meerman said. “It allows individuals to continue their lives without limiting their freedoms before conviction. Pre-trial reform preserves due process and fairness and justice system.”
Chief Judge Bill McConico of the 36th District Court in Detroit said although the issue of ending cash bail or reforming the system has been politicized, the state has a history of bipartisan criminal justice reform dating back to the administration of former Gov. John Engler, which McConico saw firsthand as a former legislator. He served in the House from 2001-06.
“We did what was right, and it protected the citizens, and it became legislation that other states across the country adopted based on what we did, because we did it the right way. And we’re here again for criminal justice reform,” McConico said. “We have implemented the most sweeping criminal justice reform dealing with bail reform in the city of Detroit, any place in the state of Michigan. We have not had the issues that you see in San Francisco or you see in New York, because we have judicial discretion baked into what we do. We’ve actually seen the exact opposite of what you’ve seen in other states and other cities.”
McConico reiterated previous statements made by sponsors, saying bail was not meant to be a form of punishment, but rather a way to ensure that people returned to court when they were called. The statement spoke to criticisms that ending cash bail or reforming how it is applied would make communities less safe.
“When you hear people say a person has gotten away with something because they’re out on bail, they haven’t gotten away with anything because the case is ongoing,” he added.
Muskegon County Prosecutor DJ Hilson told the committee that Michigan’s prosecutors were neutral on the bill.
Dan Pfannes, deputy director of the Michigan Sheriff’s Association, said his organization does not believe the bills advance public safety and opposed the package as a whole.
“They represent a path towards measures that have been implemented in other parts of the country and are now being rejected due to adverse outcomes,” Pfannes said. “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 been just overturned in the state of California because retail theft becomes so rampant.”
Pfannes added: “if cash bill is proven problematic, the no bail system will undoubtedly prove to be worse.”
“HB 4655 essentially creates a presumption that most accused offenders will be released without bail, even offenders with criminal history and records of noncompliance, will only be subject to conditions that require them to show up in court and not commit any new crimes between now and their next court appearance,” he said. “If they fail to appear, no warrant will be issued. Instead, the court will have up to 30 days to determine if the offender has actually absconded. This is only delaying justice.”
In a statement issued following the committee meeting, Rep. Graham Filler (R-Duplain Township) said “the people of Michigan deserve a criminal justice system that prioritizes their safety.”
“These bills would force judges to let certain offenders to walk free without bail, even if they pose a clear threat to public safety,” Filler said.
Gongwer News Service
Supporters of a bill package that would scale back the cash bail and pretrial detention system told a House committee Tuesday that changes were necessary to end the punitive nature of remaining jailed if a defendant cannot afford bond, while opponents argued the bills advance no real public safety measure and would only delay justice for crimes.
Members of the House Criminal Justice Committee heard testimony only on the package – HB 4655 , HB 4656 , HB 4658 , HB 4659 , HB 4660 and HB 4661 – which at its core would limit the use of cash bail to keep defendants detained during the pretrial phase of a criminal action. It would further allow defendants accused of low-level crimes and non-violent offenses to be released without heavy cash bail.
Assaultive, violent and sex offense crimes would not be eligible for consideration. Meanwhile, the bills would allow judges to maintain bail decision discretion on a case-by-case basis.
Rep. Stephanie Young (D-Detroit) said the package was a unique path forward and the culmination of Gov. Gretchen Whitmer’s Joint Task Force on Jail and Pretrial Incarceration. Young said cash bail disproportionately harms low-income people and people of color, and that work was needed.
Rep. Tyrone Carter (D-Detroit) said the package would change the bail system so defendants awaiting trial are not jailed simply due to their inability to pay bail.
Rep. Kristian Grant (D-Grand Rapids) added that the bills aimed to expand pre-trial services and supports.
“Currently, pre-trial systems throughout much of this state have been disproportionately impacting certain communities. Statewide, research shows that approximately 60 percent of pre-trial detainees make up Michigan’s jail population,” Grant said. “For many of these detainees, a judge has already determined that they can be safely released. The only thing preventing their freedom, however, is the size of their bank account. This perpetuates a two-tier justice system, one for the wealthy and one for everyone else.”
Rep. Luke Meerman (R-Coopersville), the lone Republican sponsor of the package, said the Fifth and 14th Amendments to the U.S. Constitution enshrined rights of due process and that all defendants are innocent until proven guilty, and noted that not every defendant in a criminal case is a flight risk.
“Pre-trial reform will ensure offenders can remain productive members of the society by maintaining their employment and housing. Pre-trial reform supports individual liberty by allowing people to remain free pending trial while preserving the presumption of innocence,” Meerman said. “It allows individuals to continue their lives without limiting their freedoms before conviction. Pre-trial reform preserves due process and fairness and justice system.”
Chief Judge Bill McConico of the 36th District Court in Detroit said although the issue of ending cash bail or reforming the system has been politicized, the state has a history of bipartisan criminal justice reform dating back to the administration of former Gov. John Engler, which McConico saw firsthand as a former legislator. He served in the House from 2001-06.
“We did what was right, and it protected the citizens, and it became legislation that other states across the country adopted based on what we did, because we did it the right way. And we’re here again for criminal justice reform,” McConico said. “We have implemented the most sweeping criminal justice reform dealing with bail reform in the city of Detroit, any place in the state of Michigan. We have not had the issues that you see in San Francisco or you see in New York, because we have judicial discretion baked into what we do. We’ve actually seen the exact opposite of what you’ve seen in other states and other cities.”
McConico reiterated previous statements made by sponsors, saying bail was not meant to be a form of punishment, but rather a way to ensure that people returned to court when they were called. The statement spoke to criticisms that ending cash bail or reforming how it is applied would make communities less safe.
“When you hear people say a person has gotten away with something because they’re out on bail, they haven’t gotten away with anything because the case is ongoing,” he added.
Muskegon County Prosecutor DJ Hilson told the committee that Michigan’s prosecutors were neutral on the bill.
Dan Pfannes, deputy director of the Michigan Sheriff’s Association, said his organization does not believe the bills advance public safety and opposed the package as a whole.
“They represent a path towards measures that have been implemented in other parts of the country and are now being rejected due to adverse outcomes,” Pfannes said. “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 been just overturned in the state of California because retail theft becomes so rampant.”
Pfannes added: “if cash bill is proven problematic, the no bail system will undoubtedly prove to be worse.”
“HB 4655 essentially creates a presumption that most accused offenders will be released without bail, even offenders with criminal history and records of noncompliance, will only be subject to conditions that require them to show up in court and not commit any new crimes between now and their next court appearance,” he said. “If they fail to appear, no warrant will be issued. Instead, the court will have up to 30 days to determine if the offender has actually absconded. This is only delaying justice.”
In a statement issued following the committee meeting, Rep. Graham Filler (R-Duplain Township) said “the people of Michigan deserve a criminal justice system that prioritizes their safety.”
“These bills would force judges to let certain offenders to walk free without bail, even if they pose a clear threat to public safety,” Filler said.
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