ABC Appears Before the Judiciary Committee in Connecticut

ABC JOINS CONNECTICUT CHIEF STATE’S ATTORNEY AND THE BAIL AGENTS OF CONNECTICUT IN OPPOSITION TO GOVERNOR MALLOY’S BAIL REFORM PLAN

            On March 23, 2016, ABC’s Jeff Clayton and Mike Whitlock appeared before the Judiciary Committee in the Connecticut legislature to call on the committee to reject Governor Malloy’s bail reform plan that would create a mandatory 10% deposit bail scheme and virtually eliminate the possibility of a monetary bail condition in misdemeanor cases.  In Connecticut, this includes some fairly serious crimes, such as stalking and abuse of an elderly person.

Kevin Kane, the Connecticut Chief State’s Attorney, testified in opposition to the bail component of S.B. 18, which also would raise the age of criminal responsibility from 18 to 20 years old.  Kane indicated the bill was too restrictive and it might make sense to reform the bail system if “real analysis was done” but the analysis has not yet been done.  In written testimony, Kane’s office called the bail reform portion of the bill “premature,” and further noted, “courts are carefully exercising discretion in setting bail” and “without any analysis of how the courts are exercising that discretion, this bill would take that discretion away.”  Kane indicated the Governor had already tasked the Sentencing Commission to study bail reform, and that the bail provisions of S.B. 18 should also be studied by the Commission.

Jeff Clayton joined Kane and the Bail Agents of Connecticut in calling to reject making any changes to the bail system this year in favor of allowing the Sentencing Commission to complete the on-going comprehensive bail study it is completing through the end of 2016.  Clayton said that to implement a mandatory deposit bail system and eliminate the possibility of bail would reduce judicial discretion, harm criminal defendants, and would be contrary to the trends in national best practices.

American Surety Company’s Mike Whitlock echoed these concerns and spent much of his testimony on the 10% cash bail option.  Noting this option is nothing more than a 90% discount for the defendant with the court focused more on using the cash deposit to secure fines and costs and not to guarantee the defendant’s appearance in court.  This is bad public policy and will only result in a high number of failures to appear and outstanding warrants.  Bail agents have a financial incentive to perform which elevates the use bail bonds to optimal release option to insure a defendant’s appearance in court.

The Judiciary Committee is expected to take action on the bill next week.