Dear Editor:
On Saturday, November 4, 2017, for the second time in a week a lengthy “opinion” was published in the Hamilton County Reporter that attacked the pretrial release of any defendant in a criminal case that did not involve paying a bondsman for that privilege.
While it is good to present a range of opinions for consideration, it is concerning that the Reporter features an author who is neither a resident of Hamilton County nor even of Indiana. One wonders if that is because there is no local controversy (except among the bondsmen whose revenue has been hurt) about how Hamilton County’s own Pretrial Release program is working.
Also troubling is that the author has no facts to present and instead resorts to a classic “labeling” attack by associating non-money pretrial release programs with well-known liberals whose names may be anathema to many who read the Reporter. I like to think that, in the best educated county in Indiana, we are a lot smarter than that, and make our decisions on facts, so let me set out some of those facts.
First, under the constitutions of both Indiana and the United States, every person accused of a crime is presumed to be innocent. Among other things, this means that a person should not be punished for a crime unless and until he is convicted of the crime, and that includes having to sit in jail waiting for trial. Second, the Indiana constitution requires that any person accused of a crime have the opportunity to post bail and be released. (The exception being for murder and treason.) This means that any person accused of a crime may be released.
The real issue becomes how do we determine who gets released?
With the surety bond system, a defendant pays 10 percent to a bondsman who posts a bond with the court “assuring” that the person will appear for trial. If you have the money you pay the bondsman and you are released. A bondsman is under no obligation to have any contact with a person once released.
Even so, most people do appear in court, but many do not. Most people do not commit new crimes while released on bond, but many do. If you do not have the money you stay in jail until trial – or until you are so desperate for release that you plead guilty, whether you are or not. You stay in jail until trial regardless of whether you are a good risk to appear and of never committing another crime in your life.
With non-money pretrial release, every arrestee is interviewed personally and evaluated by a trained court employee. The interviewer administers a screening exam adopted by the Indiana Supreme Court specifically for Indiana to gauge the risk the person poses of not appearing in court or of committing a new offense while released. If the risk is acceptable, the person is released under a set schedule of supervision by the pretrial release program which may include telephone call-ins, electronic check-ins, or face to face reporting. Reminders are sent of court dates just like your doctor or dentist may do for you. Those who are not released are seen by a judge.
No system is perfect, so again, most appear when required, but some do not. Most do not get in trouble while released, but some do.
The difference is that the decision is made on factors other than how much money a person has in his/her bank account or can beg, borrow or, sometimes, steal. The difference also lies in the level of supervision of the person who is released. With the Pretrial Release Program there is a system in place to detect a problem earlier and either avoid it, or revoke a release quickly if necessary.
I’m convinced that the system developed here in Hamilton County is not only a fairer means of determining who should be released/detained, but is also a safer system for our citizens. Discussion of any system is always good and welcome, but letting the discussion be framed by special interests and demagogues for their own agenda rarely promotes intelligent discussion.
Wayne A. Sturtevant
Retired Judge, Hamilton Superior Court 5
Indiana state Constitution
Section 17. Bailable offenses
Section 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.
BTW “sureties” means gaurantee. Who is gauranteeing these defendants appear for court?
Below is a list of the possible conditions placed on defendants released from jail in Hamilton County even though they are “presumed innocent”. The only condition you seem to have a problem with is the one that assures a defendant will appear in court and answer for the crime for which they have been charged and that is (r) a cash or surety bond.
Appendix to Hamilton County Bond Schedule
Pretrial conditions of release may include, but is not limited to, any or all of the following:
a) Report for pretrial supervision periodically;
b) Remain in the supervisory custody of a named responsible person;
c) Live and stay at a specified address;
d) Not leave the state of Indiana without the written consent of the court;
e) Have no contact with the victim/complaining witness;
f) Not use or possess alcohol;
g) Not use or possess any controlled substances unless on order of a licensed physician;
h) Submit to a drug/alcohol testing at your expense;
i) Remain at your residence except for specified hours that are approved by the Pretrial Release Program for a specific purpose;
j) Not possess a firearm or other dangerous weapon;
k) Seek and maintain full time employment/student status;
l) Undergo necessary medical or psychiatric treatment, including drug or alcohol abuse treatment;
m) Not commit nor be arrested or charged for any criminal offense;
n) Comply with any other condition reasonably calculated to assure appearance in court as required or to assure the safety of any other person , yourself, and the community;
o) Defendant specifically agrees to waive extradition from any jurisdiction inside or outside the United States, wherever he/she may be found, and also agrees not to contest any effort to return him/her to the state of Indiana;
p) Electronic and/or alcohol monitoring, with or without home detention;
q) Operation of a motor vehicle only if the vehicle is equipped with an operating, certified ignition interlock device;
r) Post a cash or surety bond to assure your appearance;
s) Provide a current address in writing to the court and the releasee’s counsel within 24 hours of a change in where the release physically resides;
t) Appear in court at all times required;
u) Provide a valid e-mail address to the court and releasee’s counsel for the purpose of receiving court notices and reminders of hearing dates; and
v) Provide a valid telephone number to the court and releasee’s counsel for a cellular telephone that is capable of receiving text messages for the purpose of receiving court notices and reminders of hearing dates;
w) Maintain an operational telephone and/or access to an operational e-mail address
So, the question remains, why is Hamilton County going soft of crime by giving those arrested on probable cause of committing a crime, free bail? Don’t victims have rights too?