Author: Michael Whitlock

The break from last year's battles in Connecticut, New Mexico and Utah was too short for my taste.  No sooner than champagne glasses were clinked welcoming in the New Year did we see the implementation of New Jersey's statewide pretrial release program go into full effect, turning The Garden State on its ear. Several counties in that state have filed suit to have the new law overturned on the bases of being an unfunded mandate that is costing the taxpayers millions of dollars. The Council of Local Mandates is set to rule on this suit later this month.  In the meantime, it's Christmas in January for many a criminal offender in that state who are being released pending trial with no supervision. I just returned from a trip to Sacramento…

On the morning of November 9, 2016, bail agents across the nation woke up with reason to be optimistic after learning Donald Trump was elected President of the United States.  After eight years of seeing our noble profession being persecuted by the current president we have some reason to hope in the coming days, months and years there will be a return to law and order, holding people accountable for their actions and respect for victim’s rights. The election set a positive tone for the first American Bail Coalition Affiliate Agent Conference in Las Vegas.  The one day conference preceded only by an evening reception, was held at Mandalay Bay and was short on fluff and long on substance.  Those attendees who were looking to be immersed in specific details…

It was a seven-day travel week during which I attended annual bail agent conferences in California and Texas.  The serenity of the South Lake Tahoe meeting site belies what lays ahead for the bail industry in The Golden State’s upcoming legislative year. The adverse impact of AB 109 and Prop. 47 have not slowed the insatiable appetite to make an easier path for criminal offenders.  Prop. 57 will be considered by California voters November 8.  This ballot measure, if passed, will pave the way to releasing as many as 30,000 convicted felons from state prisons.  Additionally, state legislators have made it clear, reforming California’s bail system will be a priority in 2017. Coming off a fallow season in 2016 the Texas state legislature will resume their work in January.  The…

Bill Carmichael addresses ISBAA members.  Seated left is Bob Dawson and Lee Sexton. The Indiana Surety Bail Agents Association held their annual meeting yesterday in Indianapolis.  ASC President & CEO Bill Carmichael broke down the recent Indiana Supreme Court addition of Indiana Criminal Rule 26.   Criminal Rule 26 suggests a recommendation to judges they release defendants on their own recognizance if they are not deemed to be a risk to public safety or a risk of flight.  This is the same discretion Indiana judges have always possessed.  Criminal Rule 26 also requires the court to obtain a signed guarantee from defendants who deposit cash equal to less than the full amount of bail.   Perhaps this is more symbolic than anything because it’s hard to collect from a fugitive.  Click here…

Check presentation to Camp Esperanza (L-R) Mike Whtilock, Lisa Langrehr, Marge Walstad, Logan Runde, Mike Runde, Doreen Bruner and Jack Whitlock What the heck is going on?  Well, you can find out when if you attend the American Bail Coalition's (ABC) inaugural Affiliate Agent Conference next month in Las Vegas. The commercial bail advocates at ABC have been working non-stop the last several months opposing initiatives targeting the elimination of commercial bail.  ABC has also been introducing initiatives and ideas to improve the system of bail and the criminal justice system as a whole. ABC's team will be providing a myriad of updates on battles and initiatives occurring all across the country at their first conference November 9-10, 2016, at Mandalay Bay, Las Vegas, Nevada. The conference will also include…

State Question 780, also known as, the Oklahoma Smart Justice Reform Act is on the ballot November 8, 2016, for consideration by that state’s residents.  Its likely few Sooners appreciate the adverse impact SQ780 will have on the safety of their children, communities and businesses should this initiative pass in November.  SQ780 has two objectives 1) ease up on drug offenders and 2) ease up on property crime offenders by reducing felonies crimes to misdemeanors.  At a period in Oklahoma’s history where crime has been on the decline, proponents of SQ780 want to relax the very laws that have been the basis for that reduction in crime. The threat of a felony conviction can be an effective deterrent of criminal behavior.  Removing the threat removes the deterrent.  SQ780 would be…

I traveled to the gulf shore early this week to attend the PBUS 2016 Mid-Year Meeting in Biloxi.  PBUS President Beth Chapman and her board of directors produced one of the more informational meetings I’ve attended for the national association.  The lineup of speakers was first rate and the reports on the commercial bail industry’s efforts to derail criminal welfare was detailed and illuminating. Milwaukee County Sheriff David E. Clarke, Jr. was the Keynote speaker Monday night.  Although Sheriff Clarke’s home state of Wisconsin has not benefited from the use of commercial bail since 1978, he did voice his support for returning the most effective form of pretrial release to The Badger State. After listening to Sheriff Clarke’s speech the gentlemen I was seated next to ask me what my…

In spite of the last digit media blitz and threats to line item veto certain elements of the budget, Connecticut Governor Malloy’s effort to pass his Second Chance 2.0 legislation failed to get a vote on the final day of the special session and his bill died. In a week where it is being reported the homicide and violent crime rates saw a major increase across the country, Governor Malloy was trying to pass legislation that would have increased the age to 21 for which an offender can be charged with a juvenile offense.  He also wanted to release misdemeanor offenders on their own recognizance and no guarantee of appearance in court.  The problem, too many Democrats and Republicans were not buying into a proposal that, if passed, would have…

A simple check of the Michiana Crime Stoppers website will highlight why the practice of granting criminal offenders a 90% discount on their bail is woefully ineffective.  The majority of Indiana counties release all or a portion of criminal offenders on cash bail equal to a mere 10% of the original bail amount.  St. Joseph County, South Bend, Indiana and home to Notre Dame University is known for permitting nearly every criminal offender to post 10% cash bail and walk out of jail unsupervised.  As of May 9, 2016 Jason Pasley was a fugitive wanted for failing to appear for court in St. Joseph County on March 10, 2016.  Pasely is charged with residential entry, battery and strangulation.  Another fugitive Edward Johnson failed to appear April 13, 2016.  Johnson is…

I was in Sacramento earlier this week where I joined ABC’s Policy Director Jeff Clayton and California lobbyist Katherine Brandenburg in meeting with state officials and legislative staff at the State Capital.  At issued was yet another legislative proposal targeting the commercial bail industry.  Assembly Bill 2449, is a bill that would have added a $10 fee to each bail bond in favor of a bail investigation and prosecution fund controlled by the California Department of Insurance.  The language in this bill also included a significant increase in license related fees for bail agents.  Fortunately, this taxation bill was left wanting for support among California legislators and it was withdrawn by its sponsor, Assemblywoman Susan Eggman. During one of the many conversations we had at the state house we learned…