Ten Percent Deposit Bail

• NCJ Number: 71050
• Author(s): D A Henry
• Date Published: 1980
• Length: 45 pages
• Grant Number(s): 78-MU-AX-0022
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Pretrial Services Resource Ctr
• Sale Source: National Institute of Justice/; Pretrial Services Resource Ctr
• Language: English
• Country: United States of America
• Note: Alternatives - A Series

Annotation

This bulletin examines the 10 percent deposit system bond; the legal methods used to achieve such a system and practical considerations in implementing such a system are discussed.

Abstract

This bulletin describes the percentage deposit system beginning with a short history of its development: its roots in Illinois, how the option was modified and included in the Federal Bail Reform Act, and the current status of each State vis-a-vis percentage legislation. It discusses the legal methods used to achieve such a system: case law, court rule, and legislative changes. Next, practical questions which must be resolved prior to implementing a percentage deposit system are discussed. Perhaps the most important is clearly defining what such a system should achieve. In many jurisdictions the biggest problem involved in the setting of bail is how to deal with the 'dangerous defendant.' Legislation in some States allows the judicial officer to consider the potential dangerousness of a defendant in setting bail, but the majority of States limit the judicial officer to flight-related considerations. Other considerations are when the option should be available, who should take the money, who can post the money, what to do with the money, and the amount of the money. Appendixes include examples of percentage deposit legislation, court rule used in jurisdictions where percentage options now exist, and a question-answer section. (Author abstract modified)