Report: Maryland Should Replace Cash Bail

The following interview was scheduled to air this past Sunday on Maryland's News This Week. The interview was pre-empted due to coverage of the shootings in Orlando. This interview will air this Sunday at 10 a.m. and 6 p.m. on Maryland's News This Week.

The Abell Foundation came out with a report this week calling for Maryland to eliminate cash bail in Maryland, and replace it with a series of risk assessments to determine who should remain incarcerated ahead of trial.



The report was prepared by the Gaithersburg-based Pretrial Justice Institute.



In an interview for Sunday's Maryland's News This Week, PJI Executive Director Cherisse Fanno Burdeen said that cash bail often means only poor defendants who cannot afford bail remain behind bars, and those who may pose a greater risk, but who have access to money, walk free before they stand trial.



Bail has been an issue before lawmakers since a 2011 Court of Appeals decision which required the state to provide a public defender at bail hearings to any defendant who needs one. Burdeen said the study found that there is a significant number of poor defendants who don't take advantage of the public defender because they don't want to wait for an attorney. She says that's a mistake since the attorney can help the defendant get released without having to pay any cash.



She says bail reform which has been studied in the legislature because of opposition from the bail bonds and insurance industries which she describes as a powerful lobby. She also says lawmakers are concerned that dangerous offenders will be released prior to trial.



The report advocates evaluating offenders based on the crimes they are accused of committing, their past record, and other factors to determine whether a person is a flight risk and should be detained prior to trial.



Burdeen said the report does not advocate simply eliminating cash bail and letting any offender remain free until trial.

CLICK HERE to read the report.