Bail Reform Has County Counting Cost

CREST HAVEN – Bail reform was passed by voters, signed into law in August 2014 to amend the state Constitution, and will become effective Jan. 1, 2017. That date has county officials scrambling to find the means to fund the mandate. 
The concept: Get an accused person before a judge within 48 hours (weekends included), let a judge decide pre-trial whether that individual ought to remain in jail until trial, or go free.
Money was central to the proposal. Many offenders, whose bail is minimal, often did not have the means to post that bail, and thus they remained incarcerated until their court date.
Others, who committed capital crimes, if they have the means, post even large sums for bail and be free until their court date.
That inequity was part of the key to voter passage of the measure. Many may have lost jobs when they were placed in jail because of lack of funds, when, if allowed to be free until court, would have retained their job.
The deadline has county officials joining peers around the state doing quick math, trying to figure ways to accommodate the law and stay in budget limits.
In this county, according to Freeholder Director Gerald Thornton, bail reform “Will probably mean four to six new sheriff’s officers. The County Prosecutor wants to meet with me to create, at least, two new assistant prosecutors’ positions to have people available on weekends under the requirement.”
A check of the 2016 county salary list indicates assistant prosecutors’ salaries range from about $55,000 to $81,000. Sheriff’s officers range from about $36,000 to over $80,000. The lower salary range in both departments would most likely be that of those hired for new positions.
The courthouse would have to remain open on weekends, which would also require staffing for security reasons. Video conferences could afford a respite with judge and defendants and their attorneys remaining in place while the action is taken.
“We’re not sure how it will work,” Thornton added.
Thornton pointed to an Oct. 4 “Politico” report that the New Jersey Association of Counties plans to file a complaint that argues that bail reform is improperly funded by the state.
The new expenses that bail reform will incur must be included in county budgets that cannot, by law, increase more than 2 percent annually.
Because of that, Sen. Steve Oroho introduced a bill that would provide $21 million, or $1 million to each county, to offset the cost of the reform.
In a cash-strapped state, in which the governor signed legislation that will hike the gas tax to pay for transportation projects, collecting and distributing $1 million would seem quite an undertaking.
Judges should “recognize the facts and set reasonable bail,” Thornton said. “I think there is a lot of leeway there. The trouble comes when so many state and federal laws carry mandatory sentences; often the judge has little if any latitude when imposing bail.”
Thornton cast a wary eye toward reports that bail reform would mean a drop in the jail population. Some states that already have such reform, he was told, first saw a decline, but later, an increase in jail populations.
Part of the reform will mean those granted bail will wear tracking devices. Before they are placed on an individual, someone from the county must check the house where the person lives.
Because of that, Sheriff Gary Schaffer indicated he questions who would be doing those inspections prior to allowing the defendant to go free wearing an ankle bracelet. Those devices can be programmed to allow an individual to travel in proscribed areas to enable them to be tracked for compliance.
Thornton believes there might be some who “jump bail” if given their freedom after committing an offense.