Solutions
By using bond schedules that serve as a standardized guide for bond-setting authorities (like magistrates), counties could reduce unjustified disparities in bond amounts and reduce the likelihood that local magistrates will set unreasonably high bonds for non-violent offenders who have a very low flight risk. Note: recommended bond schedules should be established on a county basis and should be permissive.
When a bonding authority has determined that a defendant will appear for trial without additional precautions, the accused is released on his or her own recognizance (with a PR Bond) instead of requiring imprisonment or a surety bond. PR Bonds are typically utilized if the crime charged is not violent, and if the accused is not considered a threat to the community or a flight risk. Many counties that make use of PR Bonds on a regular basis find that they are able to use this system as a way to manage their jail population. Bonding authorities should have a clear statutory authority to issue PR Bonds, and they should have a clear set of factors to use in determining when a defendant is eligible for a PR bond.
The Code of Criminal Procedure must be amended to allow counties to accept partial cash bonds. Counties who choose to utilize a partial cash bond option should deposit bond payments into an interest-bearing account that can serve as a funding source to offset the administrative costs of operating a pre-trial screening program. Defendants who are allowed to submit partial cash bonds will have a greater ability to pay for their own private representation, saving the county additional indigent defense expenses.