Eliminate Pre-Conviction Probation and Supervision Except for Violent, DUI, or Serious Felony Offenders and Require Individualized Consideration
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The drafters of the Judiciary Act of 1789 did not have electronic surveillance techniques available to them when they put the modern architecture of our court system together. There is no reason for them now on a pre-conviction basis, unless the state can make an individual showing. They are resource intensive and have not, since introduced, been revolutionary in reducing or solving pre-disposition crime.
All bail conditions of supervision or monitoring by the state should be individualized and not assigned by a computer or schedule.
They should be limited to a specific class of cases (i.e., violent or felony cases, or DUI cases—example: interlock devices). A prosecutor must demonstrate the need for such a condition and the court then must agree that such condition is necessary to meet the purposes for which bail is set in the first place.