Maine lawmakers weigh plan to end cash bail

(The Center Square) – Maine lawmakers are considering a plan that would dramatically change how pretrial release is determined for those facing minor criminal charges.

A proposal set to be taken up by the Legislature this week would eliminate cash bail for misdemeanor charges and allow release before trial without paying bail for individuals charged with such nonviolent crimes as criminal trespassing.

The bill’s main sponsor, Rep. Rachel Talbot Ross, D-Portland, said the use of cash bail has a disparate impact on people without financial means, especially minorities.

“Money bail is one of the most broken parts of our legal system,” she said in recent testimony on the bill before the Legislature’s Judiciary Committee. “It lets the size of a person’s wallet determine whether a legally innocent person accused of a crime can return home or will remain locked up in jail while awaiting their day in court.”

“This unfair and unjust system punishes those without money or resources even before they have had a chance to defend themselves,” Ross added.

Civil liberties and social justice groups are pushing for Maine to stop using cash bail, pointing to data that shows it is used disproportionately among different races and genders and that most people show up for court anyway.

The measure is strongly opposed by police agencies such as the Maine State Police, which says it would have a “detrimental impact” on law enforcement.

“Bail is intended to ensure one’s appearance in court and to protect the greater public,” State Police Major William Ross told lawmakers during the hearing. “The law enforcement officer’s ability is also hamstrung when these conditions are removed.”

Ross said the ability to set bail often defuses dangerous situations by removing individuals from situations where they pose a danger to the public.

“Having the problem or offender return to the area after an arrest would most likely escalate the situation and create more issues for the responding officer(s), further victimization and put the community at greater risk,” he said. “Secured bail and conditional release safeguard the victims of the initial crime and the community at large.”

Several states, including California and New Jersey, have implemented bail reforms that either end or restrict the use of cash bail. Studies show that failure to appear rates have not significantly changed.

Joby Thoyalil, a senior policy advocate with Maine Equal Justice, said cash bail “punishes people for being too poor to pay bail to get out of jail” and that can impact someone’s ability to keep a job, find housing and other needs.

“People who have not been convicted of a crime and pose no flight risk or threat to public safety do not belong in jail,” he said. “The threatened loss of employment, housing, and custody of one’s children are consequences that can far outweigh any criminal penalty that would be imposed even if the individual is ultimately found guilty of committing the crime.”

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