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How Bail Reform Affects Bail Bonds

The 1984 Bail Reform Act has brought about many reforms. Some of the changes include denying bail bonds to offenders of felonies and other serious crimes. The Act also specifies reasons why some people may be denied bail, and why a judge may detain suspects. The suspects still have the right to be heard in court and can also hire an attorney to represent them.

bail reform act

Bail Reform Act affects bail bonds in the following ways: 

  • Violent arrest suspects can’t get bail
  • Ambiguity in risk assessment
  • The Act affects other people
  • Higher incarceration rates
  • Violent arrest suspects

The Bail Reform Act states that any violent assault suspect should not qualify for bail. It applies even to those offenders with no history of being violent or any criminal record. Based on the fact that the nature of the crime is violent, such suspects will fail to qualify for a bail bond.

  • Systems for risk assessment

Every court has its risk assessment procedures and system. People in different locations may commit the same crime but some may qualify for bail while others may be unfairly denied bail because of differing risk assessment procedures.

  • Who does it affect? 

The bail bondsman is the most affected by the reforms, followed by their employees, the taxpayers, prisoners, and the state in terms of increased costs for the upkeep of the suspects in the jails. Family and social relations will also suffer when their family members are detained awaiting trial.

  • High incarceration rates

Because of so many people failing to qualify for a bail bond due of the nature of their crime, the taxpayers will end up paying more taxes to cater for the increased costs of maintaining the high population in jails. Surety bond companies will also suffer a reduction in profit margins since they earn commissions from posting bail.

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