Elimination of Bond Schedules

Recommendation

Law and money

Jurisdictions should eliminate bond schedules that allow a defendant to pay money to get out of jail without appearing before a judge.

Description

The Supreme Court in the case of Stack v. Boyle upheld that bail must be based on an individualized assessment of a defendant’s strengths and weaknesses. Bond schedules are based on charge alone and cannot take into account a defendant's prior record or community ties.

Bond schedules should be replaced by validated pretrial risk assessments.

American Bar Association Standards

Standard 10-5.3

  Financial conditions should be the result of an individualized decision taking into account the special circumstances of each defendant, the defendant's ability to meet the financial conditions and the defendant's flight risk, and should never be set by reference to a predetermined schedule of amounts fixed according to the nature of the charge.
ABA Criminal Justice Standards on Pretrial Release Third Edition

Resources

181.6 KiB

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230.4 KiB

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