EVALUATION OF PRE-TRIAL RELEASE AND BAIL BOND IN MEMPHIS AND SHELBY COUNTY

• NCJ Number: 27425
• Author(s): M P KIRBY
• Date Published: Unknown
• Length: 112 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Southwestern College at Memphis
• Sale Source: National Institute of Justice/; Southwestern College at Memphis
• Publication Type: Program/Project Evaluation
• Language: English
• Country: United States of America

Annotation

DESCRIPTION OF THE PRETRIAL SUPERVISED RELEASE PROGRAM AND THE USE OF BAIL BONDSMEN, PLUS A COMPARATIVE ANALYSIS OF THEIR EFFECTIVENESS BASED ON RELEASE AND FORFEITURE RATES, DISPOSITION, AND RECIDIVISM.

Abstract

APPROXIMATELY 1300 FELONY AND MISDEMEANOR CASES APPEARING ON THE CITY COURT DOCKETS IN THE FIRST FOUR MONTHS OF 1973 WERE TRACKED THROUGH THE CRIMINAL JUSTICE SYSTEM, AND DISPOSITIONAL, FORFEITURE, REARREST, AND RECIDIVISM, RATES WERE DETERMINED FOR DEFENDANTS USING BAIL BONDSMEN AND THOSE RELEASED THROUGH THE PRETRIAL AGENCY. IT WAS FOUND THAT THE AGENCY RELEASES 13 PERCENT OF THE FELONIES AND FIVE PERCENT OF THE TOTAL MISDEMEANORS COMPARED TO THE 69 PERCENT OF BOTH CATEGORIES RELEASED THROUGH BAIL BONDSMEN. AGENCY PRETRIAL FORFEITURE RATES WERE LOWER THAN THOSE FOR BONDSMEN - SEVEN PERCENT AND 19 PERCENT RESPECTIVELY FOR FELONIES, 11 PERCENT AND 16 PERCENT FOR MISDEMEANORS. FELONY REARREST RATES WERE 25 PERCENT FOR BAIL BONDSMEN AND 16 PERCENT FOR THE AGENCY. ALL DISPOSITIONAL RATES WERE SLIGHTLY MORE FAVORABLE FOR PRETRIAL RELEASE CLIENTS. THERE WAS LITTLE DIFFERENCE IN RECIDIVISM RATES FOR THE TWO. A CRITIQUE OF THE OPERATION OF THE PRIVATE BAIL BONDSMEN CITES, AMONG OTHER THINGS, THE LACK OF DEFENDANT SUPERVISION, INADEQUATE STATUTORY CONTROLS ON THE BAIL BOND INDUSTRY, AND THE ABSENCE OF INCENTIVES TO REDUCE THE HIGH FORFEITURE RATES INHERENT IN THE SYSTEM. ADOPTION OF A FORM OF PUBLIC BONDING SIMILAR TO THE 'ILLINOIS 10 PER CENT PLAN' IS RECOMMENDED TO REMOVE THE BONDSMEN FROM THE STATE BAIL SYSTEM. UNDER THIS PLAN, A DEFENDANT HAS HIS BAIL SET BY THE JUDGE AND POSTS 10 PERCENT OF HIS BOND WITH THE COURT. FAILURE TO APPEAR IS PUNISHED BY PROSECUTION FOR BAIL JUMPING AND FORFEITURE OF THE 10 PER CENT DEPOSIT TO THE COURT. ALL BUT TEN PER CENT OF THE DEPOSIT (ONE PER CENT OF THE TOTAL BOND) IS RETURNED TO DEFENDANTS MAKING THEIR COURT DATES. A STUDY OF MEMPHIS AND SHELBY COUNTY'S HIGH FORFEITURE AND REARREST RATES (15 AND 21 PER CENT RESPECTIVELY OVERALL) CONCLUDES THAT 59 PER CENT OF ALL FORFEITURES AND ONE-HALF OF ALL REARRESTS COULD BE ELIMINATED IF TRIALS WERE HELD WITHIN 90 DAYS AFTER ARREST.