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289 S. 3rd St. Columbus, Ohio 43215

Ohio House Bill 439 – Representatives Dever & Ginter

Ohio Bail Agents Association Response

    OBAA is opposed to any use of a validated risk assessment tool or “black box” as a blanket mechanism to allow criminal defendants to leave jail for free.

o  There is a lack of definition of the “validated risk assessment tool.” There is no definition for any criteria for the tool; it is instead left up to the Criminal Sentencing Commission – which is a non-judicial arm.  There is no codified definition, parameters for criteria, methods by which an entity or person could appeal, or requirements the process is open.  

o  Risk assessment tools are incapable of factoring “failures to appear”– as the data is not available consistently county to county.

o  Risk assessment tools rely on information provided by the defendant – often incorrect or not the whole picture, bad information into the tool = bad result from the tool.

o  Police officers issue summons for offenses they see as nonviolent or not worthy of jail bed space immediately – risk assessment tools are disasters for police officers – often releasing an offender hours after an arrest.

 

   The impact of the legislation limit judges’ discretion and practically eliminates money bail as an option for judges unless a person fails the risk assessment tool.

 

  The legislation eliminates bond schedules – the practical impact is crowded jails and inability for those who can post bond to do so. Bond schedules are mandated monetary amounts for release when judges aren’t available to set bond (i.e. Friday night). The bond schedule is eliminated and replaced with a “validated risk assessment tool.” 

 

  The costs to implement H.B. 439 are unknown and would likely be very expensive. According to the LSC fiscal analysis, “common pleas, municipal, and county courts generally will incur significant annual costs..”

 

  Counties currently input “failures to appear” or “FTA” data into their own county databases.  This data is not automatically stored or inputted into Ohio LEADS – this problem exists today as information is not widely accessible.  Decisions are best made with all information available – a risk assessment tool would only exacerbate this existing issue.

 

  H.B. 439 specifically prohibits excessive bail designed to detain the accused – this is a redundant provision as it is already in both the United States and Ohio Constitution.  Black box algorithms are not solutions to excessive bail.

 

UPDATE 1/26/2018

Meetings, Meetings, Meetings

We have been spreading the word of bail at the State House for the past week. The meetings will resume again at the begining of next week. We will continue our campaign on House Bill 439.

 

 

UPDATE 1/24/2018

Legislators and Testimonies

 

We had several meetings today with members of the House Criminal Justice Committee.  The meetings were successful in the sense we were able to communicate our issues and members were receptive.  We were able to convey how the legislation would likely put us out of business and they understood that.  Members were receptive when we discussed how H.B. 439 will limit judges’ discretion, the major issues with risk assessment tools as a blanket mechanism for release, and the elimination of bond schedules.  

 

I wanted to additionally send you the link so that members can access testimony.  Members can click on the date and it will have a drop down where you can download testimony.  Link is here: http://www.ohiohouse.gov/committee/criminal-justice.   I also wanted to provide you the link for the bill – you can also find the bill analysis and fiscal note there: https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-439 The following is a direct link for the fiscal note:  https://www.legislature.ohio.gov/download?key=8525&format=pdf

 

We will continue to have meetings with the Criminal Justice Committee and other relevant members

 

Bail Reform in Ohio


 

As most of you know Jon Dever & Timothy Ginter proposed a House Bill on Bail Reform Thursday, Decemeber 7th, 2017. In addition to the House Bill they will closely follow the Buckeye Institutes Assessment. There are some serious issues in this bill and assessment that the legislation is trying to put it in to effect. If you have any input or ideas to help get our word out and debunk these false premises please reach out to one of your Board Members.

Thus far we've been working very diligently with our lobbyist to get a handle on the Bail Reform that has come upon us. We have arranged meetings with Ohio Legislators and Decision Makers throughout the State of Ohio to further educate them on the Bail Industry. We have done Interviews with Local News Outlets accompanied by Jeff Clayton, President of the American Bail Coaltion.


Again if you have any ideas or want to get more involved please contact one of your board members. Our livelihood is on the line ladies and gentleman, but we believe with our hard efforts our industry will prevail and continue to serve our fellow communities.


Click Here to view the OBAA Interview with Cleveland News Station

Click Here to view the OBAA Interview with t
he Dayton Daily News

Click Here to see the proposed House Bill 439



Click Here to see the Buckeye Institute Assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OBAA Annual Conference 2017:

Thank you to all OBAA Members & Insurance Companies who attended and supported our yearly conference. What a positive future for Bail!

A very successfull Thursday Meeting with our Insurance Company Respresentatives and Board Members

The Board Members present award to Eddie Miller for all the Hard Work he has put in through the years!


FREE DUES *** FREE DUES *** FREE DUES: A MEMBER WILL RECEIVE NEXT YEARS DUES FOR FREE IF THEY RECRUIT A NEW MEMBER

THEY'RE TRYING TO PUT US OUT OF BUSINESS! Read about the Justice Policy Institute under the "Articles" tab


BAIL NEWS UPDATE

Visit www.cleveland.com and search the keyword "bail" to see current issues going on in our industry

 

 



As you have read, OBAA has been working hard for ALL bail agents…even those who are not members. Isn’t it time you join to help us with the fight? Please click on the membership tab and join today.



Thanks to Eddie Miller for spearheading this project


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