Proposed 'Alternative Bond Program' Threatens to Eliminate Colorado Bail Industry

• March 14, 2011
• by Collateral Staff
• In the News

[caption id="" align="alignleft" width="250" caption="Colorado bail agents are gearing up to fight the proposed bill that threatens their industry."][/caption]

Although the private bail industry in Colorado suspected that trouble was brewing, most everyone was still blindsided by the swift introduction of Senate Bill 11-186, a bill that could potentially do major damage to the livelihood of Colorado bail agents.

John Clarke, lobbyist for the Professional Bail Agents of Colorado (PBAC), said they had been aware that something could be on the horizon, but nobody heard any firm details until March 7 at noon. Then, they suddenly received word of a committee hearing scheduled for 1:30 p.m. March 9.

"It seems strange that a bill that had been in the works for so long would need to be brought to the Colorado General Assembly as a very, very late bill and then be pushed ahead with light-speed velocity," Clarke said.

How might SB 11-186 affect the Colorado bail industry?
Simply put, SB 11-186 would likely put around 485 Colorado bail agents out of business, as well as eliminate the need for the eight surety companies that insure the bail agents. Those numbers are according to a recent article in the Denver Post.

SB 11-186 would give judges the choice to recommend an alternative bond program for defendants instead of working with private bail agents. According to Clarke, the current language of SB 11-186 gives judges such strong incentive to recommend the alternative bond program instead of commercial surety that it could spell the end of private bail in Colorado.

"Senate Bill 11-186 is being touted as another 'alternative' to commercial surety," Clarke said. "In reality it is written in such a way that the judges can decide which process they will use, and since 50 percent of the deposit bail that is collected can be used to fund pre-trial services, and the other half for court costs, fines, restitution and - maybe - if anything is left it will be refunded to the defendant, it seems obvious that the judges will choose to require deposit bail."

Some of the key points of SB 11-186 include:

• The pre-trial services program will be allowed to retain up to 50 percent of funds posted through the alternative bond program. The funds will be used for securing the appearance of defendants who fail to appear in court, developing and administering pre-trial treatment services, and any other costs associated with a pre-trial release program.

• If the defendant appears in court and fulfills all terms and conditions of the alternative bond, the remaining money will be returned to the defendant at the conclusion of the case. If the defendant is convicted, the remaining money will go toward any fines, fees, costs, surcharges, and restitution assessed against the defendant. The balance of the defendant's money after these financial obligations, if any, will be returned to the defendant.

To read a PDF version of SB 11-186, click here.

How did the Senate Judiciary Committee hearing go?
Backers of commercial surety flocked to the March 9 Senate Judiciary Committee hearing to lend their support. Clarke said that so many people showed up in opposition to the bill that the hearing was moved to a larger room.

Steve Mares, PBAC vice president and AboutBail.com member, said he was impressed by the turnout of people who were there to support bail agents, but he wished that their opportunity to provide testimony had been set up differently.

"I believe the turnout was great. There were roughly 100 bail agents that attended. It started out in room 356, but there were clearly too many people. There were several people there opposing the bill because a lot of jobs are going to be lost from this thing, no doubt," Mares said. "As far as testimony, the opportunity for the bail industry to go first was too bad. It would've been nice to go second and listen to our opponents first."

After testimony first from the bill's opposition and later the bill's sponsors on March 9, the committee voted 6-2 in favor of sending SB 11-186 to an Appropriations Committee hearing. That hearing has not been scheduled as of March 11, but Clarke estimated that it would happen on Friday, March 18.

What is next for SB 11-186?
Clarke filled AboutBail.com in on what to expect during the evaluation process of SB 11-186 over the coming months:

"The Appropriations Committee will not take testimony. However, if it passes from that committee, there will be debate on the floor of the Senate. The next opportunity for public input will be in the House Judiciary Committee - assuming it gets passed in the Senate," he said.

In addition to the efforts from PBAC and RMBA, several bail insurance companies have joined in the fight and put their lobbyists to work. Mares said he has spoken with Dennis Bartlett, president of the American Bail Coalition, and is already receiving strong support from the organization. The American Bail Coalition is composed of approximately 12 of the nation's leading surety companies, and Mares said they and their team of lobbyists have begun work on the campaign against SB 11-186.

"We are actively working like heck to lobby and get before legislators to convince them why this bill does not make sense," Mares said.

How can you help fight the bill?
Mares encourages people to express to Colorado senators and state representatives that SB 11-156 is going to "take food from people's mouths and that people are going to be losing jobs."

It's also helpful to emphasize to lawmakers that private bail is more effective at ensuring court appearances by defendants - which protects the public's safety - and at saving money for taxpayers.

Monetary contributions are also helpful to defray the cost of hiring lobbyists, Clarke said. To aid PBAC in their fight against SB 11-156, you can send checks to: Professional Bail Agents of Colorado, P.O. Box 7692, Loveland, CO 80537.