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Ohio Bail Task Force report publicly released
Supreme Court
Public Information Office
Published: July 31, 2019
The task force convened by Ohio Supreme Court Chief Justice Maureen O’Connor to examine the state’s bail system publicly released the report recently, including nine recommendations to the Court.
The 25-page “Report and Recommendations of the Supreme Court of Ohio Task Force to Examine the Ohio Bail System” follows a decision by the Supreme Court last year to convene a highly qualified group to study the bail and pretrial systems.
The task force was comprised of 30 members from diverse justice-related backgrounds. Chaired by Montgomery County Common Pleas Court Judge Mary Katherine Huffman, members included judges, prosecutors, criminal defense lawyers, representatives from law enforcement, the bail industry and non-governmental organizations, two members of the state House and one state senator.
“The Court wanted all voices to be heard on this topic, which is so critical to the fair administration of justice,” Chief Justice O’Connor said. “We accomplished that over the past several months with frank discussions among the members in sessions that were open to the public and press.
“I want to thank Judge Huffman for her leadership of the task force,” Chief Justice O’Connor said. “She devoted many, many hours to the task force and shepherded a quality report.”
The report was issued to the seven justices of the Court for their review, and they will discuss it as a group, beginning with an Aug. 6 conference.
The task force examined the current criminal rule on bail, compared Ohio’s bail and pretrial systems with those in other states and analyzed state and federal litigation regarding cash bail.
“The American judicial system is built upon the foundational principle that those accused of a crime are ‘innocent until proven guilty,’” the report states. “However, for those who are arrested and jailed prior to trial because they cannot afford to pay a monetary bond, the notion of being presumed innocent in the eyes of the law has little relevance.”
The report goes on to observe that “voters acknowledge the unfairness of cash bail and are open to reform, including allowing judges more discretion in pretrial release decisions.”
Among the report’s recommendations:
Require that a validated risk assessment tool be made available to the judge in every municipal, county, and common pleas court when setting bond or conditions of bond.
Amend Ohio’s Superintendence Rule 5, Local Rules, to require counties with more than one municipal or county court to adopt a uniform bond schedule to be used by each court in the county.
Tailor pretrial services in Ohio courts to offer appropriate supervision and services that correspond to the level of a defendant’s risk and needs.
Consider all alternatives to pretrial detention.
Leverage technology solutions, such as text and email reminders and remote video conferencing, as low-cost improvements to pretrial services.
Implement a statewide, uniform data collection system to ensure a fair, effective, and fiscally efficient pretrial process.