Guest Post By Ed Colt, Colorado Springs
A new bill proposed in the state Legislature, Senate Bill 21-062, would remove most discretion from police officers, judges, and prosecutors in matters of arrest and setting bond, and would instead mandate the automatic release of suspected criminals in a wide variety of offenses.
Innocuously titled “Concerning Measures to Reduce Jail Populations,” this bill provides for the automatic release of accused criminals, with no pre-trial detention in many if not most cases, including some felony offenses. Unfortunately, the automatic release of offenders will compromise public safety, as these released suspects might continue to offend. The bill also generally mandates personal recognizance release (release without bail) for these offenders should they fail to appear as required in court. This bill releases accused criminals and would have the inevitable effect of delaying prosecution and reducing the possibility of penalties being imposed for violating the law.
A look at other jurisdictions which have adopted similar laws, such as New York City, will illustrate the consequences of this approach. Accused criminals have been released without bail and have committed new and sometimes violent offenses, endangering public safety.
Colorado courts at all levels have in recent years improved procedures in the evaluation of whether personal recognizance is appropriate. Under this evidence-based procedure, judges set the conditions of the bond, considering factors such as whether the alleged offense was violent, an arrestee’s ties to the community, prior failures to appear, risk of recidivism, etc. The existing system balances the needs of the defendant and the safety of the community; this proposed law would not.
Republished with permission from Ed Colt
Originally posted in The Gazette, March 2, 2021 – Opinions
