Bail Reform Fairy Tales ~ By PJI Executive Director Cherise Fanno Burdeen

The charlatans at the so-called “Pretrial Justice Institute” loudly proclaim to anyone who will listen that “Bail in America is unsafe, unfair and ineffective.” They use a significant amount of other people’s money to disseminate their biased brand of bunk.

Last year they scammed over $3.2 million — mostly from the Bureau of Justice Assistance, the John D. and Katherine T. MacArthur Foundation, the Public Welfare Foundation, and the Annie E. Casey Foundation.  According to their website, 95% of the money that the “Institute” obtained was spent on their own personnel, outside consultants, professional services, and travel. At PJI, they are big on “raising awareness.” Though of course they seek to eliminate our livelihood, their actual goal appears to be to raise additional funds.

PJI’s 2015 Annual Report contains a “Letter from Cherise Fanno Burdeen.” After she states “that 2015 was our funniest year on record” (seriously — she really does write this), she concludes her letter by noting:

“There is still much to be done in supporting pretrial systems that meet our national justice needs and values. This includes starting a major fundraising campaign to see us all the way into the end zone by 2020.

So clearly the folks at PJI are good at raising funds, building awareness and spreading the false message that “money bail” is somehow wrong. But how are they when it comes to implementing real pretrial release solutions that actually work?

PJI’s Executive Director Cherise Fanno Burdeen participated in a POLITCO panel discussion on criminal justice that was held at the 2016 Democratic National Convention. Watch as she shares her fairy tale prediction of what she thinks will actually happen when you remove financial accountability and personal responsibility from the bail process:

“And people come back to court and they make their court appearances and they stay out of trouble pending trial and we can handle those cases in a far more humane and compassionate way.”

And everyone will live happily ever after. There will be no more fugitives from justice. No one will miss court or be needlessly pretrial detained because the magical risk assessment tests administered by dedicated government workers will accurately predict who intends to commit future crimes and who will seek to evade justice by missing their court dates.

Maybe at the “Institute” they need to stick with fundraising and “building awareness.” There already is a proven method of ensuring that accused defendants released pretrial actually do come back to court and make their court appearances. It’s called private, secured, accountable bail.

A bail agent pledges actual money with the state to guarantee that the defendant will appear in court. If the defendant fails to appear, the bail agent locates, apprehends and surrenders the fugitive back to court. If the bail agent fails to fulfill this obligation, he or she pays a substantial penalty to the state when the bail bond is forfeited. Private independent bail agents fulfill this critical role in the criminal justice system at no cost whatsoever to taxpayers.

I wonder what percentage of her paycheck Cherise Fanno Burdeen would be willing to forego for each defendant who fails to appear in court?

So Congressman Lieu, what exactly caused you to decide that eliminating all money from bail would be a good idea?

Congressman Ted Lieu of California recently participated in a bail reform panel at the UCLA School of Law. We, of course, know Congressman Lieu as the guy who would like to eliminate our livelihoods and put the nation’s 20,000 bail agents out of business. As an aside, guess who wasn’t on the panel? Bail agents, judges or anyone with a working knowledge of how secured bail actually works. The bail “expert” on the panel was from the ACLU.

Regardless, Congressman Lieu was asked if there was a particular reason why he decided to seek the complete elimination of all money in bail with his ill-advised “No Money Bail Act of 2016.” The congressman said,

“So we decided to take all money out of it because D.C. did it and it works pretty darn well.”

Pretty darn well, Congressman Liue? Seriously? That’s not quite how the outgoing Chief of Washington D.C.’s police department described it. After 26 years with the department and almost a decade as its Chief, she described D.C.’s criminal justice system as “beyond broken.” Beyond broken sounds a long way from “pretty darn well.”

The only thing the District of Columbia’s pretrial release (“no money”) program does well is spend massive amounts of the taxpayer’s money. They do that spectacularly well. Washington D.C.’s pretrial release program spends $230 million annually in order to “supervise” roughly 4,000 accused defendants on any given day. Almost 13% of the people released through the program subsequently fail to appear for their court dates and over 27% commit new crimes while out on the “supervised release.”

No jurisdiction other than the Federal government could afford to spend so much with so little to show for it.

Here’s what D.C. Police Chief Cathy L. Lanier had to say to reporters at The Washington Post when she threw in the towel:

“The criminal justice system in this city is broken,” Lanier said, citing what she sees as the lack of outrage over repeat offenders as a key reason for her decision to take a job as head of security for the National Football League. “It is beyond broken.”

The chief talked about the arrest of a man last week who she said was on home detention when his GPS tracking device became inoperable. Police allege the man then went on a crime rampage that started in Maryland and ended in the District. They say it included a robbery, a shooting and a car theft that resulted in a crash that left a bystander critically injured.

“That person’s GPS went offline Aug. 12,” Lanier said. “We didn’t know it. The agency that supervises that person didn’t tell anybody or do anything with it. . . . That shouldn’t happen. And it’s happening over and over and over again. Where the hell is the outrage? . . . People are being victimized who shouldn’t be. You can’t police the city if the rest of the justice system is not accountable.”

Outgoing D.C. Police Chief Cathy L. Lanier asked, “Where is the outrage?”

There is none coming from Congressman Lieu. He says the no money bail system in Washington D.C. works “pretty darn well.”

Text messaging defendant court date notifications: A great practice that makes a lot of sense – when it it’s done by private bail agents rather than inept, unaccountable government workers.

The vocal advocates of publicly-funded “free” pretrial release programs have a continuing problem. Large numbers of their clients commit new crimes when released through these programs. More importantly, large numbers of their clients fail to appear in court. Judges, prosecutors and victims of crimes don’t like it when this happens. One option, of course, would be to release accused criminals on secured, monetary bail. When a defendant is released through a private bail agent, there is a tangible financial incentive for the released defendant to do the right thing. The bail agent pays a substantial penalty if they fail to produce his or her defendant in court. To protect this guarantee the bail agent almost invariably enrolls friends and family members to secure the bail bond.

The “no money bail” zealots, however, are adamantly opposed to anyone having skin in the game. They don’t think that anyone should be held financially accountable for the appearance of an accused defendant released pretrial. So in order to solve the problem of unacceptable failure to appear rates, they are now suggesting that simply texting court date reminders will be sufficient to guarantee court appearance.

It is laughable that the hundreds of thousands of fugitives across the country would willingly appear for trial if only they had gotten a friendly text reminding them of their court date.

Further, sending text messages to defendants out on bail is something that many private bail agents have been doing for years. They routinely send reminders and notices to not only the defendant but also friends, family members and employers who have signed on the bond.

One agent, Kahlil Welsh of Orlando, Florida uses text messaging for his own clients. Seeing what an effective tool is it, he founded a company that automates the process and makes it available to other bail agents. You can check out his outstanding mobile messaging platform for bail agents at his ecourtdate website.

According to Kahlil:

“The system is currently in beta testing for a re-launch this year with new features and improved reminders. And if I may recap, text message and email reminders are by no means a fix all solution to defendants failing to appear. It simply acts as an aid to the savvy bondsman who’s seeking to improve customer service and reduce the failure to appear rates caused by forgetful minds. Effectively ensuring a defendants appearance at court will always be a “boots on the ground” hands on effort, best performed by The Private Surety Bail Agent. It is my professional opinion as a 20 year veteran of the bail industry that simply sending  a text, or email to a defendant who has intentionally failed to appear, will not surpass the wealth of resources and the National reach of the local Bail Bondsman.”

Thank you, Kahlil! We couldn’t agree more.

Newsflash: “Money Bail fails to solve Climate Change!”

It would laughable if the stakes weren’t so high and the subject matter not so tragic.

According to their website, the Pretrial Justice Institute’s core purpose is “to advance safe, fair, and effective juvenile and adult pretrial justice practices and policies that honor and protect all people.” They are certainly not interested in protecting or honoring the approximately 17,000 hard-working private bail agents who make a living by assuring that accused defendants actually appear in court.

That said, the actual mission of this outfit is advocacy for the elimination of any and all monetary terms of pretrial release. They want to end what they refer to as “money bail.” (You and I call this secured accountable, pretrial release.) PJI attempts to “educate” policy makers and criminal justice stakeholders through the use of flawed studies, false premises, bad data and poorly disguised propaganda. They routinely disregard any academic studies whose conclusions are inconsistent with their core belief that the use of “money bail” to assure a defendant’s appearance in court is inherently wrong.

The Honorable Chief Judge Craig DeArmond In Danville, Illinois recently wrote an excellent essay, “Bail Reform – Is there another side to this argument?

His article is well worth distributing to the judges, politicians and policy makers in your jurisdiction. Chief DeArmond writes:

“Was I the only one who felt like we were being asked …, no, told we had to drink the Kool-Aid of no money bail reform or face eternal damnation?”

“What I found was the people so vehemently advocating this massive change in the bail system have been doing so under different names and different umbrellas for several decades. What they have in common is a progressive agenda being marketed as “evidence based practices”; the current buzzword in social engineering. Frequently funded by progressive philanthropists like George Soros and others, these groups have a much broader agenda than merely bail reform.

Don’t get me wrong… although I don’t personally agree with George Soros and his world view, nor will I ever be mistaken for a progressive, I have no problem with the fact that they are able to express their views. I take issue however, when we are given bad data, outdated studies, and recycled propaganda in the form of “judicial education” and being told essentially, there is no other perspective.

It does not take long when you start researching bail reform to find alternative positions, studies, and evaluations of the same data which produce dramatically different conclusions. It takes even less time to find jurisdictions which tried an increased use of no money bail and eventually returned to an expanded cash bail system due to the dramatic increase in failures to appear and crimes committed while free on bail.”

This judge deserves credit for recognizing that we are being sold a bill of goods. It is also worth noting that Chief Judge Craig DeArmond presides in Illinois — one of the few jurisdictions within the United States that prohibits the use of commercial bail.

So it’s obvious that the charlatans at the “Pretrial Justice Institute” will say or do just about anything in order to advance their agenda.  However, even in this light, the most recent blog post by PJI is disingenuous, shameless and disgusting.

Cherise Fanno Burdeen — the wing-nut CEO of PJI — claims to have actually figured out what causes domestic violence and how we as a nation can solve this horrific problem.

Even though domestic violence has been on a steady decline for decades, it obviously remains a horrible and heart breaking problem. In the United States an average of three women each day are murdered by intimate partners. We suffer the highest rate of domestic violence homicide of any industrialized country. Thousands of people experience domestic abuse every day. They come from all walks of life.

Cherise Fanno Burdeen, No tragedy too great to exploit.

Cherise Fanno Burdeen,
No tragedy too great to exploit.

Cherise Fanno Burdeen and the rest of the hypocrites at PJI have a solution to the complex problem of domestic violence: End money bail. Seriously. Presumably in honor of “Domestic Violence Awareness Month,” Burdeen obtained the names of four women who were each tragically murdered last year. According to this disingenuous dimwit, here is why these four women were murdered: “because of failed money bail systems.”

Unlike Burdeen, I am not going to exploit the names of these victims. The women who were murdered are real people, not props. But it is important to note that these victims were from four different jurisdictions across the United States – some of which do not even utilize secured, private bail or bail agents.

In some of the cases the accused murderers violated their conditions of pretrial release with no consequence. (In other words, the “supervised” release conditions touted by PJI). The actual facts obviously don’t matter to Ms. Burdeen or her comrades. Her concern is only for her narrative: “Money bail did nothing to protect these poor murdered women.”

Let’s be clear. Publicly funded government-run pretrial release programs don’t do anything to protect the public or victims of domestic violence. Note that PJI spotlights Washington DC as the poster-child for bail reform. The PJI website prominently proclaims that the nation’s capital is “DOING THINGS RIGHT” and “The District of Columbia does not use money to detain pretrial defendants.” Leaving aside the insane amount of tax dollars which they spend, this is the same pretrial release program that placed a GPS monitoring bracelet on a murderer’s prosthetic leg. This is the jurisdiction which allows repeat violent offenders, including rapists, to be released over and over again with no consequence.  Washington D.C. is where the Police Chief recently quit her job, saying, “The criminal justice system in this city is broken.” DOING THINGS RIGHT, indeed.

The critical distinction is that private bail agents have never laid claim to guaranteeing a defendant’s behavior – only his or her appearance in court. Burdeen’s insensitive blog piece doesn’t come right out and state the only logical option which could have actually served to prevent the four tragic murders. It is not “no money bail” as she claims. It’s no bail whatsoever.

This is the tragic irony. PJI’s advocacy invariably ends up promoting indefinite pretrial detention. Should all four of the accused defendants have each been held in jail with no bail? In hindsight, we would hope that they had been of course. But should everyone accused of domestic violence be held with no bail? Should the detention of an accused person – the deprivation of their liberty – depend on nine variables plugged into some “risk score” assessment?  PJI claims that their “core values” support pretrial detention only as the result of due process that determined no conditions would reasonably assure appearance and community safety. The same misguided folks who clamor for an end to “money bail” now advance the unintended consequence of the increased use of preventive pretrial detention. Burdeen and her cohorts have unwittingly become the most vocal proponents of “lock ’em up and throw away the key.” How else would Burdeen propose to actually protect the four murdered women whom she uses as an advertisement for her continued government funding?

Our Constitution’s prohibition against excessive bail means that we can’t keep accused defendants locked up in jail simply because they scored out wrong on a bogus “risk assessment” test.

So called “money bail” is an efficient and time honored way to secure the appearance of an accused defendant. A bail bond is a three-party contract between the state, the accused, and the surety, whereby the surety guarantees appearance of the accused. Ms. Burdeen is correct that private secured bail is not a panacea or a replacement for judges, police, and lawmakers. The prosecutors and judges who daily deal with accusations of domestic violence struggle mightily. They don’t get to blame tragic outcomes on flawed algorithms. Here are quotes from a judge and prosecutor in one of the cases which Burdeen gratuitously cites:

 “It’s not like you can just put information into a computer and spit out what the appropriate bail would be; I don’t think that would be realistic,” he said. “There are people that are charged with making that decision … looking at all the facts and all the input they get.”

The judge defended his decision, while also expressing anguish over its outcome. He said he decided to double the suggested bond from $50,000 to $100,000 based upon his experience and available court records, he told the CantonRep. And he said prosecutors did not recommend a bond amount.

“I’m not blaming anyone … but the red flags weren’t there,” he said.

At the same time, however, the judge also appeared to express remorse over the possibility that his ruling gave Dragan a second, and successful, alleged attempt to kill his ex-wife.

“I feel horrible about this situation,” he told the Canton Rep. “I sympathize with the family (and) with the children — it’s a terrible, tragic situation for the community. I feel terrible about it.”

“I think the judge made what he believed to be a good decision with the information that he had at the time and it’s always easy to look back,” the Canton prosecutor Ty Hauritz told the newspaper. “But I don’t … think (the $100,000 bond was) out of the ordinary.”

Private, secured bail works. It serves to assure the appearance of accused defendants who are released pretrial. Cherise Fanno Burdeen doesn’t like “money bail” or what we do for a living. That’s her prerogative. But it’s spectacularly insensitive to suggest that secured bail caused the deaths of the four murder victims whom she exploits in her blog. For her edification, here are a few other “Money Bond Failures”:

  • Money Bonds fails to improve the Miami Dolphin’s offensive woes
  • Money Bonds fails to balance the United States budget deficit
  • Money Bonds fails to achieve lasting peace in the Middle East
  • Money Bonds fails to spend taxpayer funds (like the $1.3 million the Pretrial Justice Institute burns through annually.)