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The end of commercial bail in Florida?

Our demise will never be about the actual work that we do. Florida bail agents invariably produce our defendants in court or we pay a substantial penalty. We play a crucial role in the criminal justice system. Our profession serves the best interests of the citizens

Florida Bail Agents Association

and the courts of Florida. Our end will never be about our actual merits. We do our job well and always have.

Instead, it will be about our apathy, oversized egos, and purposeful ignorance.  We’ve been told time and time again to get political or get out of bail. We are not listening.

Many good men and woman who were recently employed in bail in New Jersey are unemployed today. The citizens of New Jersey are worse for it. California bail agents are on the brink of likewise being eliminated by lawmakers. Our profession is being threatened in jurisdictions across the country. It is monumentally naïve to assume that Florida is exempt.

There exists among far too many of us a profound misunderstanding about the nature of our national and state associations. The Professional Bail Agents of the United States (PBUS) and the Florida Bail Agents Association (FBAA) are not “them.” They are “us.”  They will not rescue us. Only we will rescue us.

Sadly, most of us in this profession are not paid members of the PBUS or FBAA. We do not donate our time, experience, money and resources in order to protect and preserve our very own livelihood. Yet we are quick to criticize “them” for not acting or for taking the wrong action. There is no “them,” only us.

Professional Bail Agents of the United States

The current presidents of the PBUS and the FBAA are first and foremost bail agents. They are “us.” They have each spent a tremendous amount of their own time, money and effort to protect private, secured bail. They are serving “us”. What are we doing to serve ourselves?

The surety companies will not save us. “They” will not save us. The only one who can save us is us.

We can continue with our public squabbling, oversized egos, divisiveness and willful ignorance while we wait for the end. Or, working together we can accomplish great things.

I hope to see you next week in Orlando at the Renaissance Orlando at Sea World. The PBUS summer conference is July 16-19th. The FBAA summer Town Hall meeting is on the afternoon of Monday, July 17th. You can register on site for PBUS. Florida bail agents can attend the FBAA town hall meeting at no cost.  The PBUS is also offering one-day passes for Monday and Tuesday.

We’ll be sharing good news about recently passed legislation in Florida and the continuing failures of New Jersey’s disastrous bail reform. We have classes on new and improved tazers, a new bounty hunting certification program, updates on national developments and much, much more.

Join us. Participate in saving us. We’re worth it.

A tale of two conferences: Publicly funded pretrial release advocates are very good at spending someone else’s money to attack those of us who have to earn our own way.

Representatives of approximately 200 federal, state, and local agencies are meeting in Washington DC this week to attend the so-called “Worldwide Pretrial Innovators Convention.”

This gathering is hosted by the folks at the Pretrial Justice Institute, headed by their CEO, Cherise Fanno Burdeen. Ms Burdeen delivered the keynote address to her convention of government employees. The audio in the clip below is horrible but in just over a minute, Ms. Burdeen disparages the legal giant Paul Clement, the Southern Christian Leadership Conference, “and my favorite, the reality stars Dog the Bounty Hunter and Beth Chapman who have traveled to Georgia, Connecticut, Harris County and other places and appealed to their Twitter followers whenever the threat of reform arises.”

Each of the attendees at this conference has two things in common. The first is that they would like to eliminate what they refer to as “money bail.” (This is what judges and bail agents refer to as secured, accountable bail.) The second thing the attendees have in common is that none of them use their own hard-earned money to pay for the considerable costs of attending the convention.

The folks attending this lavish affair which is taking place at a $250+ per night Washington DC hotel are employed by government agencies or in some cases via grants or other pseudo public funding. They don’t have to spend any of their own money to live it up on someone else’s dime. That someone else, of course, is invariably us taxpayers. They use our taxes to host a party convention during which they strategize how best to eliminate our profession.

Incredibly, the folks at PJI actually provide pretrial release government employees with a helpful template for them to use in obtaining the thousands of dollars needed to fund the costs of attending the convention:

<Date>

 Dear <Decision-maker>,

I would like to request funding to attend the Worldwide Pretrial Innovators Convention (Pi-Con) in Washington, DC, March 8-9th, 2017. This convention, the first of its kind, will be hosted by the Pretrial Justice Institute (PJI). The event offers a unique experience to convene both policy leaders and practitioners to explore the possibilities of innovation within pretrial justice. It will be a gathering of some of the boldest leaders in pretrial policy and practice in the country and is designed to offer exceptional educational and networking opportunities to increase the effectiveness of pretrial policies and practices.

It is anticipated that 250 federal, state and local organizations and agencies will be represented. This diverse attendee base will maximize my opportunities for sharing ideas and solutions to bring home and implement in <Your city name here>. The event is for and with the unstoppable, mindful, creative and fun people who see pretrial injustice every day and are compelled to fix it—intellectually, operationally and emotionally.

The conference will include sessions and learning opportunities where I can gather tangible takeaways to bring back home on a variety of topics important to our community, such as simulation exercises of various pretrial issues, discussions with impacted community members, workshops on turning pretrial data into effective policies, the media’s role in pretrial reform and more. Specific workshop titles include <Add specific conference workshops and session titles from the conference website to customize for your city’s/town’s needs and interests>. Given that the conference is designed to be experiential, I am confident that these workshops will not only be advantageous to my work, but also beneficial to our local jurisdiction as well.

Outside of the sessions, there will be countless opportunities for me to meet and build relationships with policy and practice leaders and experts from all over the country who may serve as key contacts for both present and future initiatives in <Your city name here>. The opportunity to make valuable connections at this convention will be priceless.

Part of what makes Pi-Con a “must attend” event is the exclusivity of having a safe place to create new ideas, focus on innovation and being able to network with leaders in the field. PJI is the hub of this growing pretrial community, and this convention celebrates those who advance pretrial justice at all levels within government, the community, and stakeholder groups. This convention is on the brink of what will be the future of the pretrial justice world, it is an opportunity that I feel compelled to take.

<The numbers in brackets below will need to be adjusted to reflect the current pricing. The travel costs vary as well and should be changed to reflect your costs.>

<You will need to insert your travel cost numbers here>

Here is the breakdown of conference costs:

Roundtrip Airfare: <$xxxx

Transportation: <$xxxx>

Hotel: $247 plus tax per night

Meals & Incidentals: Govt. per diem, Washington, DC $69 per day (through Sept. 2017)

Conference Fee: $600 through February 25th, 2017

The total costs associated with attending this conference are: <$xxxx>.

With such a great offering of educational content and relationship-building opportunities in one place, having representatives from <Your city name here> at the conference will afford our team of leader’s access to top strategies and best practices that will help create lasting change in the pretrial world. Attached is the full agenda.

Sincerely,  <Your Name Here>

In contrast, the Professional Bail Agents of the United States (PBUS) holds two conferences each year to network and provide information, education and representation for the 15,000 bail agents nationwide. Each of the PBUS attendees has to actually earn the funds needed for them to travel to, register and participate in the conference. Private bail agents have to leave their businesses and pay from their own pocket all of the costs associated with participating in the conference. At the most recent PBUS conference the hotel rates were $49 per night if booked in advance. (Astoundingly, one of the topics at the PJI convention in their $250+ per night hotel will be the absurd claim that private bail agents transfer wealth from the poor communities. Seriously. After this, they will share expensive drinks at the bar while they discuss making un-convicted defendants pay for check-ins, urine tests, GPS bracelets and anger management counseling.)

Thankfully, many bail agents from across the United States see the wisdom in supporting our national association and are willing to make the financial sacrifice required in order to support both the PBUS and their own livelihoods.

The pendulum is finally starting to swing the other way. Policy makers and politicians are beginning to learn what experienced criminal court judges already know: that private, secured bail serves to assure the appearance of the accused. These “no money bail” charlatans and swindlers are being exposed for what they are: proponents of still more failed and expensive government programs with no accountability for public safety. They won the battle in New Jersey (temporarily) but are clearly losing the war — in the courts, in the street and even in the press. The so-called “bail reform” that has been enacted in New Jersey is proving to be a dangerous, expensive and unmitigated disaster.

The sham artists at PJI like to point out that in Washington DC (the location of their lavish convention) no one is required to put up “money bail” to secure their appearance in court. They stand silent on the outgoing police chief’s assertion that the criminal justice system in that city is “beyond broken.” None of the break-out sessions at their convention will address the hundreds of thousands of felony fugitives who fail to appear in court.

The next PBUS conference will be held from July 16-19, 2017 at the Renaissance Orlando at SeaWorld. Room rates are $149. Unfortunately, the PBUS does not supply bail agents with a helpful template to scam taxpayer dollars to cover your costs. In spite of this, bail agents will find the conference worthwhile. I encourage all bail agents to attend and participate. And if you do go, take a minute to thank Beth Chapman for the work she’s doing for us. Judging by the video clip above it’s clear that she’s caught the attention of the folks who want us out-of-business.

Our own money makes us accountable. Taxpayer dollars and government employees? Not so much.

Florida bail agents are required to successfully complete fourteen hours of continuing education every two years. CE courses are offered across the state of Florida by the Florida Bail Agents Association (“FBAA”). Florida bail agents have other choices besides the state association for their CE courses since there are other approved providers, including some insurance companies, who offer courses.  But when agents pay tuition to the FBAA 100% of the money goes to the association. Most of the money raised through the FBAA CE courses is used to pay the lobbyist.

Who is accountable?

Government run pretrial release: “We hope defendants appear in court but if they don’t no one is actually responsible.”

So when you take a CE course through the FBAA you not only meet the legal requirement to keep your license but also are helping to fund the association that works for the betterment of all Florida bail agents.  This is the reason why I set aside one day each month to teach CE courses for the FBAA. All of the instructors of FBAA CE courses are volunteers.

Anyhow, I recently received a telephone call from a Miami bail agent who took one of the CE courses which I had taught. He was complaining that his $100 tuition check to the FBAA hadn’t been cashed even though it had been almost a week since the course took place.  I reminded him that I was a volunteer and assured him that all of the tuition checks for the course were forwarded by me to the FBAA office on the day after the class via UPS delivery. I followed up and confirmed that his check was at the FBAA office and slated for deposit the following day.  I had a passing thought that perhaps this gentleman was being obsessively frugal or controlling. Later that day, however, I checked my personal bank account balances on line. When I couldn’t identify a $9.49 charge from Amazon, I immediately called my wife to investigate the charge. (She confirmed she had purchased something.)

The lesson I took from these too ordinary small occurrences is that we pay careful attention to our own money. Our own money matters to us. Whether the government values our money is a different matter entirely.

At the same times as these two minor transactions occurred – my $9 purchase and the bail agent’s $100 check — a news story broke that $3.6 million dollars was missing from one of Miami Beach’s bank accounts. Evidently over an unspecified period of time — likely many months — someone illegally accessed bank information online and illegally transferred money from this City of Miami Bank account. They did this over and over again until they had stolen about $3.6 million of taxpayer money from the City.

With no evidence whatsoever, the Miami Beach City Manager was quick to assert his astounding speculation that he doesn’t believe that city employees are to blame for stealing the money. At the same time, two managers in the city finance department who should have noticed all of the illegal transfers were gracious enough to resign.  The city’s chief financial officer offered to demote herself to deputy finance director. Here, however, is the quote from the City Manager that left me dumbfounded:

“I don’t think that we could have prevented this, but we should have caught it sooner. This was not just one month of activity. We probably should have caught it earlier, and I’m trying to figure out if we did something wrong and where that happened.”

If we did something wrong? A Miami bail agent has $100 too much in his checking account and it prompts him to make a call and investigate. The City loses $3.6 million in dozens of illegal bank transfers over many months and the top city official says with a straight face that it couldn’t have been prevented. We care about money. Does the government care about our money?

This is food for thought as our opponents renew their ill advised cries to eliminate what they call “money bail.” The alternative to private secured accountable bail is invariably a government funded, government run program.  One of the reasons why private secured bail works so well is because we are financially accountable for the defendant’s appearance in court. And we all value money. Money incentivizes us. Money also matters to the friends and family of the accused who agree to share in the financial accountability for having the defendant appear in court.

Where does the buck stop?

 

It’s never the tiger’s fault for acting like a tiger.

It’s foolish to become indignant or upset when people act true to their character.

This morning’s Miami Herald had a news article about a zookeeper who lost the tip of her finger to a hungry tiger. It brought back memories of a similar though far more tragic accident many years ago in which a zookeeper was killed by a lion.

It’s not the tiger’s fault.

The tragedy at the zoo was front page news. At the time I was new to the bail business. I was in the company of veteran bondsman Douglas Aabbott when we passed a newspaper rack with the lurid bold headlines.

Doug asked me, “Whose fault is it?”

I responded with something along the lines that it was a terrible tragedy and that the zoo would certainly have to conduct a thorough investigation.

Doug interrupted me.

“Is it the lion’s fault?”

I stammered a bit and then conceded that what he was saying made sense. Whatever happened at the zoo, certainly the tragic death was not the fault of the lion. The lion simply acted like a lion.

Doug pressed his point home.

“That poor sap who died has only himself to blame. He never should have put himself in a position where the lion could kill him.”

Doug’s assessment was harsh but true and contains a lesson I have carried for many years in the bail business.  Our clients never put us out of business. Rather, we put ourselves in a position where our clients can hurt us. It’s never the client / defendant who makes it a “bad” bond. We make our own beds. It is foolish to become indignant or upset that a lion acts like a lion or that a tiger acts like a tiger or that a liar lies or that a thief steals.

Where we go astray and risk getting eaten up in the bail business is when we delude ourselves about the truth.

“He wouldn’t dare lie to me.”

“Even though he failed to appear before, it’s different this time.”

The reality is that a person who routinely lies will almost invariably lie to us — especially when they need our help. Likewise with someone who has a history of failures to appear for court. When dealing with such a client I have to ask myself, “What makes me so special?” It is not uncommon in the bail business for us to deal with unscrupulous people. Most of the bonds I regret weren’t about the client lying to me but rather me lying to myself by denying or refusing to acknowledge the truth. People act true to their character.

It’s the lies we tell ourselves and not the lies of our clients that lead to disaster. In the past I have taken car titles as collateral security for the posting of a bail bond. If my clients think that they are putting up their car, wonderful. If I lie to myself that I am holding anything more than an easily replaceable piece of paper, then I am headed for trouble.

We are in the business of risk. That said, the bail agents I most respect never allow a single defendant to be in a position to wipe them out. They do not put themselves in that position. A good question to ask ourselves is, “In a worst case scenario on this bond, what happens?” If the answer is that I am out of business and lose my livelihood, it’s time to explore alternatives.

The same lessons apply to insurance companies who underwrite bail. In my experience you can spend half a day in any jurisdiction in the United States and easily discover who the bad bail agents are. Amazingly, some insurance companies — obviously motivated by greed — will regularly give contracts to these bad actors and later cry about their losses. If a bail agent burns an insurance company by not properly reporting bond powers or handling forfeitures, what makes the next insurance company think that their results will be different? What makes them so special?

 

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.)

Because everyone else is doing it. Or because everyone else is not doing it.

A look at one of the lame-brained arguments used by opponents of accountable, secured pretrial release.

And, besides, what’s wrong with something that’s uniquely American?

Anyone in the bail bond business knows that there is an increasingly vocal and strident minority who would like to eliminate our profession completely. It doesn’t matter to them how effective we are at guaranteeing the appearance of defendants released pretrial. It doesn’t matter to them that we go out and routinely apprehend dangerous criminals who fail to appear at no cost to the taxpayers. It doesn’t matter to them that we are accountable to the criminal justice system and to the courts. It most certainly doesn’t matter to them that we pay taxes, support families and serve our communities.

None of the relevant facts matter. They are committed to ending what they call “money bail.” (We call it constitutionally protected secured bail.) The more money that these outfits siphon from the public trough, the louder become their cries to eliminate the evils of “money” in the criminal justice system. The irony is not lost on me that these “free” publicly-funded pretrial release advocates solicit “money” donations on their websites and grant applications.

Outfits like PJI burn through copious amounts of hard earned taxpayer “money” to produce bogus “studies” which invariably conclude that accused defendants should be released on unsecured bail bonds. One of their recurring fallacious arguments concerns the role of private commercial bail agents in the United States.

Popular does not always equal right

Popular does not always equal right

They argue that the United States is the only country in the world that has commercial bondsmen. Sometimes their claim is modified to state that only the United States and Singapore have commercial bail. I don’t know if this true or not, but honestly, who cares? The flawed argument is that since other countries don’t have such a system, therefore “money” (ie: secured and accountable) bail here in the United States ought to be eliminated.

First of all, when I went to school this was called an argumentum ad populum. My Mom had a much simpler description, “If all of your idiot friends jumped off of a bridge would you, too?[1] To be clear, what they are saying to policy makers and anyone else who will listen to their poppycock is that if most countries don’t have commercial bail, then commercial bail must not have value. To show you just how hypocritical and disingenuous they are, they will often follow this illogical argument – sometimes in the very following paragraph – with the claim that Washington DC and Kentucky have eliminated commercial bail and therefore the other states in the U.S. should as well. So they are left with this absurd position: Eliminate commercial bail because the overwhelming majority of the other countries don’t have it. Eliminate commercial bail even though the overwhelming majority of jurisdictions in the United States use it.

They are wrong on both counts. Of course it’s preposterous to suggest that commercial bail should be eliminated because other countries don’t have it. We have commercial bail because it is effective and serves a critical role in our criminal justice system – not because of its popularity in other countries. Besides the fact that such an argument is illogical, what is wrong with something being uniquely American?

I am proud of my profession as a bail agent. I am also proud to be a citizen of the United States. I could be wrong, but I think that – just like commercial bail – the following are some things that are uniquely American:

  • College Football
  • BBQ
  • Muscle cars
  • Thanksgiving
  • Boy Scouts
  • Apple Pie
  • Blue Jeans

The next time you hear one of these misguided zealots say that only the United States has commercial bail, let them know that it has taken the rest of the world a while to catch up with us on NFL football and Harley Davison motorcycles as well.

[1] Sometimes, Mom.

Absurd Tragedy illustrates inadequacies of Government-run Pretrial Release Programs

The vocal detractors of “money bail” often point to Washington D.C. as shining example of how things could be if we eliminated secured accountable private bail. Sadly, they couldn’t be more right.

In Washington D.C. they release 85% of accused criminals awaiting trial on unsecured bail through such a program. Program administrators claim that a whopping 87% of those released through their bloated government agency actually show up to court, though this figure is highly suspect. Even if accurate, having 13% of all accused criminals not show for trial hardly seems worth bragging about. Any bondsman who had 13% of his defendants on the lam would be looking for a new line of work.

Washington D.C. has tens of thousands of open felony warrants, and of course no one from the Pretrial Services Agency goes out looking for any of them. They do claim to send friendly text messages — which surely has D.C.’s most dangerous fugitives quaking in their boots.

On paper the Pretrial Services Agency for the District of Columbia looks fantastic. In return for the hundreds of millions of dollars in taxpayer dollars ($231,304,986 in 2015) they produce beautiful four-color reports and lofty mission statements like this:

The GPS tracker was attached to the suspect's fake leg.

The GPS tracker was attached to the suspect’s fake leg.

The Pretrial Services Agency for the District of Columbia (PSA) assists judicial officers in both the Superior Court of the District of Columbia and the United States District Court for the District of Columbia by conducting a risk assessment for every arrested person who will be presented in court and formulating release or detention recommendations based upon the arrestee’s demographic information, criminal history, and substance abuse and/or mental health information.

For defendants who are placed on conditional release pending trial, PSA provides supervision and treatment services that reasonably assure that they return to court and do not engage in criminal activity pending their trial and/or sentencing.

PSA supervises approximately 16,000 defendants each year, and has oversight for approximately 4,000 individuals on any given day. PSA’s caseloads include individuals being supervised on a full range of charges from misdemeanor property offenses to felony murder. PSA administers evidence-based and data-informed risk assessment and supervision practices to identify factors related to pretrial misconduct and to maximize the likelihood of arrest-free behavior and court appearance during the pretrial period. PSA continues to improve its identification of defendants who pose a higher risk of pretrial failure, enhance its supervision and oversight of these defendants.

Supervise defendants to support court appearance and enhance public safety. PSA effectively monitors or supervises pretrial defendants to promote court appearance and public safety.

It sounds impressive, right? Of course most jurisdictions would be hard pressed to budget $230 million in order to supervise 4,000 defendants. (It’s nice to be the Federal Government.) Regardless, the Pretrial Services Agency has served the District of Columbia for nearly 50 years and is widely recognized by advocates of publicly funded pretrial release programs as a national leader in the field of pretrial supervision. They regard the Pretrial Services Agency’s “innovative supervision and treatment programs” as models for the criminal justice system.

What does this actually mean when they brag about how well this government program supervises and monitors accused criminals who are released pretrial? According to their own questionable records, more than 13 of every 100 released to their “supervision” abscond. And as for the ones that don’t become fugitives?  How, precisely, are they supervised in order to support court appearance and enhance public safety?

In April of this year, Quincy Green, 44, was arrested in Washington D.C. and accused of gun charges. He was released from jail pretrial through the Pretrial Services Agency for the District of Columbia. Green was enrolled in the program’s most restrictive form of pretrial release:  a GPS tracking bracelet. He joined the ranks of some 400 other defendants in D.C. who are awaiting trial and roaming about the capital while wearing a GPS tracker.

On May 19, 2016, Dana Hamilton was fatally shot. D.C. police suspected that Quincy Green was the murderer but the Pretrial Services Agency insisted that Green was confined to his apartment and that the GPS tracker proved he was not in the area where the murder took place. Eyewitness testimony and even sightings of Green by police officers were dismissed because the agency’s GPS data “proved” otherwise.

Finally the police obtained a search warrant based in part on a statement that the “devise barely moved” over the course of three days, something that somehow escaped the notice of the pretrial agency engaged in actively “monitoring” his whereabouts.

Police found the GPS tracking devise in Green’s apartment, attached to his prosthetic leg.

“I don’t understand how someone could put this device on a prosthetic leg,” said Sgt. Matthew Mahl, chairman of the D.C. police union. “It is frustrating for us as police officers to have one of our defendants released, especially when talking about dangerous crime like guns–and then to know that the accountability for these defendants isn’t always up to par.”

The director of the Pretrial Services Agency for the District of Columbia said all the right things, of course, including “This is the first instance where something like this has happened, and the results were tragic.”

It’s no doubt the first time they put a GPS tracker on a fake leg but it’s certainly not the first or last time that they release violent criminals with no one held accountable for either appearance in court or public safety. Guess how many employees of the pretrial agency will be fired over the murder of Dana Hamilton? Do you think they will cancel the contract with the private contractor who supplies and fits the GPS bracelets on the accused criminals they release? It’s naive to think that either will happen. Rather, the pretrial releases agency will continue to sell gullible taxpayers and politicians a bill-of-goods, that they safely release and supervise accused criminals.

Imagine the immense indifference and utter apathy required in order to fit a GPS tracker to a fake leg. This is far more than a forgivable lapse or simple mistake. This is the act of a person with absolute security that comes from knowing he cannot actually be held accountable. You would never ever find a bondsman making such a mistake since by definition he or she is accountable.  This kind of couldn’t-possibly-care-less attitude thrives amongst government employees where no one is actually held responsible for what happens. The budget of Pretrial Services Agency for the District of Columbia will not be adjusted one penny following this tragedy. After a flurry of memorandums regarding not fitting the GPS trackers over a sock, the murder of Dana Hamilton will be quickly forgotten.

But it will not be forgotten by the 72-year old mother of the murdered victim: “This was the worst thing that ever happened to me. That man was supposed to be in his house.”