Proposition 102 - Criteria for Setting Bail and Type of Bond

When people are arrested for serious crimes such as murder or kidnapping, they must remain locked up until their court date. For less serious offenses people may be released but are expected to show up in court later. There are 10 counties in Colorado that offer supervisory, pretrial programs (e.g. regular drug testing or electronic monitoring) for some released defendants.

The justice system has some discretion on whether to release defendants on a secured bond (money up-front which is refunded when the defendant appears in court) or an unsecured bond (a promise to pay money if they don’t appear in court). This proposition will take away some of that discretion for release to a supervisory program. This proposition limits release to a supervisory program on an unsecured bond to those arrested for a first offense that is a nonviolent misdemeanor.

If defendants don’t have the money for a secured bond, they can turn to commercial bail bondsmen who charge around 10% of the bond for the service. This proposition would likely increase business for bail bondsmen. It would also likely increase the number of low-income people in our jails who would otherwise be released on an unsecured bond.

This proposition does not prohibit courts from releasing defendants not assigned to a supervisory program on unsecured bonds.

Recommendation: NO

How extreme is this proposition? It could affect someone arrested for the second time on a public disturbance misdemeanor. Do we really want that person locked up on our dime?

I foresee a potential problem if this proposition passes. To avoid overcrowding in jails, courts may release more defendants on unsecured bonds without assigning them to a supervisory program. Supervisory pre-trial programs have been effective for ensuring that defendants appear in court and are less costly to taxpayers than jail time. Meanwhile released defendants can remain productive members of society.

Illinois, Kentucky, Oregon and Wisconsin have banned commercial bail bondsmen. Bail bonding has been controversial, and many attempts at reform have been proposed over the years. Rather than reforming bail bonding, this proposal would expand Colorado’s current bail bonding system.


Website for the Yes side (Safe Streets Colorado)
http://www.voteyesto102.com/

Website for the No side (Citizens to Protect Colorado Communities??)
http://votenoto102.org/

Approved Ballot Language

Proposition 102 (STATUTORY)

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?

Yes _____ No _____


Full text of Proposition 102
Changes to Colorado Revised Statutes 16-105-3(d)
Changes are in capitalized text.
http://www.sos.state.co.us/pubs/elections/Initiatives/filings/final_92.pdf