Risk Assessment Tool that Determines Bail Amount

August 4, 2016

 

Many opponents of the current bail schedule believe it is not fair because it only considers the charges. Although most Rules of Criminal Procedure do allow bond to be set by taking into account the available information, bond could be better set by considering other factors.

 

The problem is we cannot have a Judge on call to determine what conditions of release should be set. And it is Unconstitutional to deny bail for anytime. This is why I came up with the above Risk Assessment Tool that considers other factors besides that charges while still maintaining the best proven means to assuring court appearance and the safety of the community.

 

I also believe any police or correctional officer should have discretion to deviate from this bond schedule if there is any information that indicates dangerousness or flight risk. This can be the arresting officer saying the weight of the evidence is great or the defendant put the community at great risk during the arrest. There will be a form the officer fills out denying release until a Judge can consider the factors presented. 

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