Test Drive Our New Site! We have some improvements in the works that we're excited for you to experience. Click here to try our new, faster, mobile friendly beta site. We will be maintaining our current version of the site thru the end of 2024, so you can switch back as our improvements continue.
Legislation Quick Search
04/24/2024 03:52 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=18502
Share:
Home / Senate Co-Sponsorship Memoranda

Senate Co-Sponsorship Memoranda

Subscribe to PaLegis Notifications
NEW!

Subscribe to receive notifications of new Co-Sponsorship Memos circulated

By Member | By Date | Keyword Search


Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: June 8, 2015 12:09 PM
From: Senator Daylin Leach
To: All Senate members
Subject: Legislation to End Pre-trial Detention for Failure to Make Bail
 
In the near future, I will be introducing legislation to end pre-trial detention for failure to make bail in Pennsylvania.

On any given day in the United States, nearly 500,000 people who have not been convicted of a crime are incarcerated, which is more than half of our country’s entire incarcerated population. They are incarcerated because they fail to make bail. This is unfair, discriminatory, enormously expensive, and destructive to those individuals and their families. Ultimately, this practice makes our society less safe.

The people most likely to be unable to make bail are poor people, since wealthy people who are charged with crimes simply pay their bail. Ironically, people who are wealthy, who can usually afford bail, are, on average, given lower bail than poorer people for the same crime. Further, according to numerous national studies, people of color are subject to significantly higher bail.

People who sit in jail for months awaiting trial often lose their jobs and children, even if they are acquitted. After spending every day surrounded by other inmates, the acquitted must return to their now shattered lives. They have few options for employment and are now more likely to commit crimes. For this awful result, we the taxpayers pay thousands of dollars per month per individual to incarcerate presumptively innocent people.

The traditional argument for bail is that it is necessary to secure attendance at trial. We now know how untrue that is. Washington D.C. has virtually eliminated monetary bail but their flight rates have not changed and in some instances, have improved. If bail is ineffective at securing future appearances at trial, there really is no justification for it.

My bill will not eliminate bail entirely, instead it will:
  • Eliminate pre-trial detention for failure to make bail.
  • Permit Judges to set monetary bail, which would remain subject to forfeiture if the defendant failed to appear. While this could not be used as the basis for pre-trial detention, the defendant could still be subject to collection procedures.
  • Permit Judges to detain a defendant if he or she finds the defendant is a danger to themselves or the community, has a history of flight, or is charged with a capital crime.
If you are interested, please join me in sponsoring this important legislation.

If you have questions about this legislation, please contact my Legislative Director, Jon Tew, at jtew@pasenate.com or 610-768-4200.