The American Legislative Exchange Council (ALEC) has become a true friend and supporter of the bail industry. Michael Hough, Director of ALEC’s Public Safety & Elections Task Force has begun responding to the NPR story and today he mailed a copy of AIA’s pretrial release booklet, “Taxpayer Funded Pretrial Release, A Failed System,” to every legislator in every state that has pretrial release programs. This totals 40 states and over 3200 legislators. The bail industry owes this true friend a huge debt of gratitude. We thank ALEC for all of their hard work in assisting to promote pro-bail policies.
If you would like to learn more about ALEC, please visit their website at www.alec.org. Or if you would like to receive a copy of the AIA pretrial release booklet, please visit www.pretrialtruth.com to request your copy
Below is a copy of the letter that was sent with the pretrial release booklet as well as a copy of the Citizens’ Right to Know: Pretrial Release Act which was also included in the mailing
Dear Legislator,
Enclosed with this letter is a booklet “Taxpayer Funded Pretrial Release, A Failed System.” We hope you and your staff will find this information helpful, as we at the American Legislative Exchange Council (ALEC) believe this is a crucial public safety issue. ALEC is the nation’s largest non-partisan membership organization for state legislators with almost 2,000 members.
A significant cause of crime victims within your legislative district is embedded within the local criminal justice system itself: the county’s pretrial services agency.
There are two means of release from pretrial custody: secured and unsecured release. The first holds down the crime rate. The second increases it. Unfortunately, the unworkable method is advanced via a government agency. Local citizens are totally unaware that their tax dollars are used in a way that literally creates crime in their community.
ALEC believes your constituents have a right to accountability from these operations which are underwritten by their taxes. “Taxpayer Funded Pretrial Release, A Failed System “, will provide the needed foundation for your consideration of the ALEC Model Bill, Citizens’ Right To Know: Pretrial Release Act, a copy of which is enclosed.
ALEC stands ready to support you in reducing the number of crime victims among your constituents. If you have any questions please feel free to contact me at 202-742-8530 or at [email protected].
Sincerely,
Michael Hough
Director Public Safety and Elections Task Force
Citizens’ Right to Know: Pretrial Release Act
Section 1. {Title.} This Act may be cited as the “Citizens’ Right to Know: Pretrial Release Act.”
Section 2. {Definitions} As used in this Act:
A. “Annual Report” means a report prepared by a Pretrial Release Agency that accurately summarizes the effectiveness of such agency’s uses of public funds
B. “Non-secured release” means any release of a defendant from pretrial custody where no financial guarantee is required as a condition of such release.
C. “Pretrial Release Agency” means any government funded program whose function includes making recommendations for the non-secured release of criminal defendants or for the release of criminal defendants on the partial deposit of bail amount.
D. “Register” means a public record prepared by the Pretrial Release Agency readily available in the clerk’s office of the courthouse which displays the required data.
E. “Secured Release” means any release of a defendant from pretrial custody where a financial guarantee, such as cash or surety bond, is required as a condition of such release.
Section 3. {Public Record.}
A. The Pretrial Release Agency in each county of (State) shall prepare a register displaying information regarding the cases and defendants who are recommended for release by such agency. The register shall be located in the clerk’s office of the court in which the Pretrial Release Agency is located and the register shall be readily available to the public
B. The register shall be updated on a weekly basis and shall display accurate information regarding the following information for each defendant whose non-secured release was recommended by the Pretrial Release Agency:
2. the nature of any prior criminal convictions against the defendant;
Section 4. {Annual Report.}
A. Prior to the end of the first quarter of each calendar year, every Pretrial Release Agency in each county of (State) shall submit an annual report to (Applicable State Office) for the prior calendar year.
B. The annual report shall contain but not be limited to the following information:
2. the number of personnel employed by the Pretrial Release Agency;
3. the total number of release recommendations made by the Pretrial Release Agency.;
4. the total number of cases reviewed by the Pretrial Release Agency;
5. the total number of cases in which non-secured release was denied by the Pretrial Release Agency.;
6. the number of defendants released on non-secured release after a positive recommendation by the Pretrial Release Agency;
7. the average period of time the defendant is incarcerated before being released on recommendation by the Pretrial Release Agency (These statistics should be classified as felonies and misdemeanors);
8. the total number of cases where the defendant was released on a non-secured release after a positive recommendation by the Pretrial Release Agency and the defendant had at lease one missed court date within one year of the date of release;
9. the total number of cases where a defendant was released on a non-secured release after a positive recommendation by the Pretrial Release Agency and a bench warrant was issue by the court on the defendant’s failure to appear on a non-secured release;
10. the total number of cases where a defendant was released on a non-secured release after a positive recommendation by the Pretrial Release Agency and a bench warrant was issue by the court but remained unserved after one year; and
11. the total number of cases where a defendant was released on a non-secured release after a positive recommendation by the Pretrial Release Agency and a warrant was issued for the defendant after his or her release for additional criminal charges within one year.
12. total number of cases where a defendant was released on a non-secured release after a positive recommendation by the Pretrial Release Agency and the defendant was arrested on a new offense while on release under the Pretrial Release Agency’s recommendation.
C. The annual report shall also contain an accounting of the percentage of the Pretrial Release Agency’s annual budget which is allocated to steering defendants eligible for secured release toward obtaining their own release through non-government sponsored programs.
Section 5. {Preparation of the Register and Annual Report.} Every Pretrial Release Agency shall prepare the register and annual report out of their existing budgets, and no additional government funds shall be made available for the production of these items.
Section 6. {Sanctions For Noncompliance.} If the chief judge finds that the pretrial release program has not maintained the register or filed an annual report as required by Section 5, the chief judge shall:
1. For a first occurrence of noncompliance, require the pretrial release program immediately to prepare a written report explaining the noncompliance and what measures will be taken to bring the program into compliance and the date by which the noncompliance will be corrected.
2. For a second or subsequent occurrence of noncompliance, order the pretrial release program to show why it should not be sanctioned for its continued noncompliance.If pretrial release program cannot justify the continued noncompliance, the chief judge may order the program to reduced its budget by 25 per cent if it is a pretrial release program receiving public funds, and if the pretrial release program is a private entity, suspend further agency operation until full compliance is demonstrated.
Section 7. {Severability Clause.}
Section 8. {Repealer Clause}
Section 9. {Effective Date}