NCJ Number
48331
Date Published
1977
Length
57 pages
Annotation
ABUSES OF MINNESOTA'S BAIL BOND SYSTEM ARE DESCRIBED, THE DISCRIMINATORY NATURE OF THE SYSTEM IS POINTED OUT, AND REFORMS ARE SUGGESTED.
Abstract
THE DISCUSSION OPENS WITH AN OVERVIEW OF THE OPTIONS AVAILABLE TO ARRESTED PERSONS IN MINNESOTA. THE FUNCTIONS OF THE BAIL BONDSMAN ARE DESCRIBED, AND CONFLICTS OF INTEREST AND QUESTIONABLE PRACTICES INVOLVING BONDSMEN AND INSURANCE COMPANIES ARE NOTED. IT IS POINTED OUT THAT MINNESOTA'S BAIL-BONDING SYSTEM IS INHERENTLY DISCRIMINATORY AGAINST THE POOR, AND THAT RACE AND WEALTH ARE THE REAL DIFFERENCES BETWEEN DEFENDANTS RELEASED ON THEIR OWN RECOGNIZANCE AND THOSE REQUIRED TO DEAL WITH BONDING COMPANIES. THREE BAIL REFORM EFFORTS ARE NOTED: ILLINOIS' 10-PERCENT DEPOSIT PLAN, UNDER WHICH THE DEFENDANT PAYS THE STATE (RATHER THAN A COMMERCIAL BONDSMAN) 10 PERCENT OF OF THE COURT-DETERMINED BAIL AND IS REFUNDED 90 PERCENT OF THE DEPOSIT AFTER APPEARING IN COURT; PHILADELPHIA'S PLAN, UNDER WHICH THE DEFENDANT HAS THE OPTION OF SECURING A SURETY BOND OR PAYING A DEPOSIT AS IN ILLINOIS; AND A THIRD PLAN, ADOPTED BY A NUMBER OF JURISDICTIONS, UNDER WHICH THE JUDGE EXERCISES THAT OPTION. RECOMMENDATIONS FOR REFORMING MINNESOTA'S BAIL SYSTEM (INCLUDING THE INTRODUCTION OF A 10-PERCENT DEPOSIT PLAN) ARE OFFERED. SUPPORTING DOCUMENTATION IS INCLUDED. (LKM)