Public Announcements

     

    The Ohio Supreme Court - ***Update***

    Risk Assessment Tool NOT accepted by Supreme Court.

    The Risk Assessment Tool did not make it to public comment! Thank you to all the OBAA members and interested parties for all your hard work and efforts regarding the proposed rule change to criminal rule 46. Those having collected data, wrote letters, and submitted articles helped tremendously. Let it be known, OBAA led the charge while accompanied by great support from members to get the job done. Being able to meet with Justices individually and having a seat at the task force’s table OBAA was able to share firsthand experiences of bondsman’s role in the release of defendants and the potential danger of a computerized algorithm.

    While the risk assessment tool is a major component, there are some other avenues in criminal rule 46 we still may need to explore. As the public comment begins we will be forwarding detailed updates as we research the entire proposed rule change.

    Thank you all for your hard work and we hope to see you at the conference Friday!

    Please follow the link below for the news release from the Ohio Supreme Court

    http://www.courtnewsohio.gov/happening/2019/ruleAmendPreTrialCrimRelease_092319.asp#.XYkQiFVKiUk

     

    Please Watch and Pass this Clip Along

     

    Proposed Amendment to Criminal Rule 46

    The OBAA is opposed to any changes to Criminal Rule 46 and the Ohio Supreme Courts attempt to eliminate bail. To see the proposed changes please follow the link below.

    https://www.usbailreform.com/wp-content/uploads/2018/08/Rule-46.pdf?embedded=true

     

    OBAA Opposes State Issue 1

    Vote "NO"on Tuesday November 6th

    At our OBAA Conference on September 8th the membership voted to oppose Issue 1

     

    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.

    • 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.

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

    • 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.

    • 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.

     

    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 the Dayton Daily News

    Click Here to see the proposed House Bill 439

    Click Here to see the Buckeye Institute Assessment

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