On May 11, Representatives Leland and Hillyer introduced changes to House Bill 315, altering a bill that reforms Ohio’s use of cash bail. This type of change to legislation is called a substitute bill or sub bill. The ACLU of Ohio reviewed the bill and, while we find some changes less favorable than others, we remain steadfast in our support of this legislation as it puts an end to Ohio’s wealth-based detention system. We encourage the General Assembly to consider the following as it fine-tunes this legislation.
Substitute House Bill 315 makes a few significant changes to the as-introduced version of the bill, including:
- Shifts timelines for the initial release valve from 24 to 48 hours and the conditions of release hearing from 48 to 96 hours.
Empirical and anecdotal evidence suggest that the longer someone remains in jail before trial, the more potential for damage such as job and wage loss, impact on family, and impact on health. We also know that the longer someone sits in jail, the more likely they are to be convicted of a crime or take a plea that secures their release. For these reasons, we demand that the General Assembly considers the very significant human impact of time in jail while maintaining the right to counsel for the accused throughout the process.
- Makes changes to offenses eligible for pretrial detention (“no bond”) hearings.
The as-introduced bill added felony domestic violence and violation of a protection order to the offenses eligible for pretrial detention. The Ohio Constitution prevents misdemeanor-level offenses from being added to this list. Substitute HB 315 adds a number of felony offenses that are largely higher-level felonies. We urge the Ohio General Assembly to exercise restraint in adding offenses and to ensure that any added offenses have a clear nexus to public safety.
- Replaces some requirements that a judge provide written findings showing why conditions of release were imposed (replacing them with written entries which can include the use of a checkbox system) and charges defendants for conditions if found guilty.
This piece is critical in making sure this important legislation is applied consistently across Ohio’s 88 counties. A written record is crucial for tracking track implementation and for preserving a record for appeal. Because this “show your work” requirement gives the bill teeth required for enforcement, we urge the General Assembly to require written entries whenever conditions of release are imposed.
The bail bills also contain a provision that allows the accused to be stuck with the bill for the conditions of their release after being found guilty of the accused crime without regard to whether they are able to pay. The ACLU of Ohio urges the General Assembly to eliminate this provision or, in the alternative, provide an ability to pay inquiry here.
- Adds a provision permitting the imposition of cash bail, even when someone ‘zeros out’ in the ability to pay analysis.
The substitute bill contains language that permits a judge to impose a bond amount up to $200 when person’s ability to pay calculation (25% of total monthly income after total monthly expenses are subtracted) comes in under $200. We oppose this provision as it opens a door for the wealth-based detention of Ohioans with the least financial wealth. A person with no income—or with more expenses than income—should not be forced to pay for their freedom by borrowing from others, which extracts wealth from already-low-income communities and families. This cuts against the very spirit of the legislation, and should be removed.
As outlined above, we at the ACLU of Ohio would love to see a few changes to make the substitute bill a stronger representation of Ohio’s resounding cry for changes to our criminal legal system. However, we believe that the current bill will still mean that thousands more Ohioans will be able to go to bed at night in their communities and with their families rather than in a jail cell. Substitute House Bill 315 ends wealth-based detention as we currently know it and will result in a safer Ohio. Furthermore, it will save the state big money that can and should be invested into the well-being of the individuals and families who have carried its burden most heavily.
It is time to pass Substitute House Bill 315, and it is time for #BailReformNow.
