GRAND RAPIDS, Mich. (WOOD) — A state lawmaker from Grand Rapids is working on a set of bills that would change the way Michigan judges set bond for low-income defendants.
It’s a problem Target 8 told you about last year: Often the decision about whether a low-risk defendant is allowed out of jail without paying money upfront depends on who is hearing their case.
"We're not talking about people who are dangerous... we're talking about people who are poor. Dangerous people have high bonds set for them already," said Michigan Democratic Rep. David LaGrand of Grand Rapids.
Under LaGrand's bills, judges would still be allowed to impose high bonds for defendants they deem dangerous or a flight risk.
LaGrand says the problem is that too often the system is keeping low-risk defendants behind bars simply because they can't afford the bond to get out. He says it’s a bad deal for the defendant and taxpayers.
"Why do I (as a taxpayer) want to keep someone in jail and pay $60 to $100 a day because they couldn't afford a $200 bond? That doesn't make any sense at all," he explained. "If the bond is that low, it’s because the judge doesn't think they're a risk. So why isn't it zero?"
LaGrand's bills would make several changes to the way judges set bonds. One of the most important is the creation of a financial disclosure form all defendants would fill out before being arraigned.
"The idea here is really to streamline and give judges better information," LaGrand said.
His hope is that with better information about a defendant’s finances, judges will be less likely to order cash bonds for low-income, low-risk defendants that prevent them from leaving jail.
The bills would also get rid of bail schedules, which is a scale that tells the judge what bond to set based on the crime. Instead, judges would decide each case on its own merits.
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