Legal Commentary

Colorado Ballot Initiative Would Effectively Deny Bond to Poor

By Jeralyn

Prop. 102 is on the Colorado ballot and it's a terrible idea. It would require many defendants to pay to get out of jail.

[Prop]102 prohibits the release of a defendant on an unsecured bond to supervision by a pretrial-services program unless that defendant was arrested for a first-offense nonviolent misdemeanor.

Law enforcement officers, prosecutors and defense lawyers have formed a coalition to oppose the measure. Who is in favor of the bill? The bail bond industry. [More...]

Critics of the proposition predict its passage would cause costs to escalate, because indigent defendants wouldn't be able to afford the bonds and would end up staying longer in jail. Some of those who post the bonds also would end up having to seek representation from publicly funded lawyers, they add. Jails also would clog due to an increase in the time needed to process the additional bonds, they predict.

The Colorado Blue Book states passage of the measure would cost the state an additional $2.8 million.

The question posed by Prop. 102 (see page 46):

Shall there be an amendment to the Colorado Revised Statutes requiring that only defendants arrested for a first offense, non violent misdemeanor may be recommended for release or actually released to a pretrial services
program's supervision in lieu of a cash, property, or professional surety bond?

The fine print:

In making recommendations for appropriate conditions on release for a person in custody, only defendants who are arrested for their first offense, non violent misdemeanor may be recommended for release to a pretrial services program's supervision in lieu of a cash, property, or professional surety bond, as set forth in C.R.S. 16-4-104.

Vote No on 102.

Full post as published by TalkLeft on October 12, 2010 (boomark / email).