Since 2018, Pima County’s criminal justice agencies have been working on a proposal for a new Community Bond Program wherein the county would fund a non-profit bonding agency and help bail out qualifying defendants in the Pima County jail, under certain circumstances.
The program is intended to help reduce the size of the county jail population, and help prevent defendants from being incarcerated for weeks, months or years when they have not been convicted of a crime. It would apply to defendants in both felony and misdemeanor cases.
“Individuals who are incarcerated pre-trial are mostly confined not because they were denied bail or were a flight risk or were a danger to the public, but rather because they could not muster the financial resources needed to secure their freedom,” said Public Defense Services Director Dean Brault in the proposal. “An individual’s inability to afford monetary bail is not an indicator of that individual’s guilt, an accurate predictor of the risk of danger that individual poses to others, or an indicator of whether that individual will show up for a scheduled court proceeding.”
Brault said incarcerating individuals who cannot afford money bail without meaningfully considering other alternatives is a violation of those individuals’ due process and equal protection rights under the law.
The non-profit in charge of the Community Bond Program would offer to bail out any defendant who Pretrial Services recommends be released, and their bond is $30,000 or less. This program would not be available in cases with homicide, sex or child exploitation charges or if the defendant has a hold from another jurisdiction.
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