OFFICIALS LEGISLATION INTEREST GROUPS PUBLIC STATEMENTS COMMITTEES VETOES

Statements on Introduced Bills and Joint Resolutions

Floor Speech

Date: Dec. 18, 2007
Location: Washington, DC
Issues: Criminal Justice


STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - December 18, 2007)

By Mr. REID (for Mr. Biden (for himself, Mr. Specter, Mr. Graham and Mr. Cardin)):

S. 2495. A bill to amend title 18, United States Code, and the Federal Rules of Criminal Procedure with respect to bail bond forfeitures; to the Committee on the Judiciary.

Mr. BIDEN. Mr. President, I rise on behalf myself, Senators Arlen Specter, Lindsey Graham, and Ben Cardin to introduce the Bail Bond Fairness Act of 2007. This bill will ensure that all defendants, not just rich defendants, have access to bail and pre-trial release.

The Bail Reform Act was meant to ensure the defendant's appearance in court. Over the past 2 decades, however, many judges have been forfeiting bonds for behavior outside the predictability or control of a bondsman. If bondsmen are forced to warrant behavior they can't predict or control, they will raise their rates, rendering bonds unavailable to many indigent defendants. These defendants will the go to jail pending trial, swelling our prison population and draining our budget.

This bill mandates that a bail bond may be forfeited only if a defendant fails to appear in court as ordered. Professional bail agents would be able to return to the Federal court system to provide bail for defendants because bail would not be forfeited for violations of conditions that are completely out of their control such as failure to maintain employment.

Let me be clear, this bill does not change a judge's authority to set or restrict bail. We're not talking about putting more criminals back into the community. A judge still has to determine a defendant's flight risk and threat to the community and make a judgment regarding pretrial release in terms of bail amount and conditions. Violent criminals will--and should--be held in custody.

Please join us in ensuring that all defendants, regardless of wealth, have access to pretrial release in the Federal system.

BREAK IN TRANSCRIPT


Source
arrow_upward