NCJ Number
94485
Date Published
1984
Length
28 pages
Annotation
This testimony presents the views of the Department of Justice on amending the Bail Refom Act of 1966 and on three bail reform bills: H.R. 1098, H.R. 3005, and H.R. 2151
Abstract
The most serious defect in the Bail Reform Act is that it does not permit the courts, except in capital cases, to consider the danger the defendant may pose to the community if he is released. The Justice Department sees several potential changes as enhancing its ability to deter bail crime, including making the defendant's bail revocable should he commit a crime after release. If the defendant does commit a crime while out on bail, he should receive an additional mandatory sentence. An effective bail reform bill would also allow for the temporary detention of such an offender. For that identifiable minority of defendants for whom no form of conditional releasae will assure their appearance in court, the courts should be able to deny release without needing to first impose an excessively high bond. In cases where the money for the bond might come from illegal sources connected with the crime, the courts should have the authority to first investigate the source of the money. Penalties for bail jumping should be more proportionate to the penalties for the offense charged. Concerning post conviction release, the defendant should be responsible for proving that his release would not create a substantial risk of flight or of danger to the public or the administration of justice. Finally, the Government should have clear authority to appeal release decisions. H.R. 1098 and H.R. 2151 cover these points; H.R. 3005 does not, and therefore does not have the support of the Department of Justice. Nineteen notes are included.