CHARLESTON – The House Judiciary Committee haggled over and ultimately approved on Monday a bill aimed at reducing jail overcrowding.
HB 2190 sets conditions under which a county magistrate must release a defendant under personal recognizance.
Division of Corrections Deputy Commissioner Mike Coleman told the committee that in 2017, the regional jails held 3,750 pre-trial misdemeanor defendants. In one case, a man spent 127 days in jail awaiting trial, for failure to post $500 bail, which would be only $50.
“Even if you cut that by 25 percent,” he said, “that’s a significant number of bodies in a system that’s already overstressed.”
The bill requires that except for good cause shown, a magistrate must release a defendant on personal recognizance.
The exceptions are for misdemeanors involving actual violence or threat of violence, victims who are minors, a deadly weapon, controlled substances and serious traffic offenses.
Coleman told the members that pre-trial defendants spend an average six days in jail before posting bail. Each defendant costs a county $48.25 per day, while the actual cost to the state is $53.20.
Corrections wasn’t asked for and didn’t provide numbers on how much money might be saved through this bill. Thinking of dollars, Delegate Pat McGeehan, R-Hancock, called it “impotent.”
Committee chair John Shott, R-Mercer, reminded them this is more about keeping people out of jail, especially where lack of access to funds might keep them in. He urged them not to get bogged down in details. “We shouldn’t allow the perfect to be the enemy of the good in some cases.”
Delegate Brandon Steele, R-Raleigh and a lawyer, focused on the phrase “good cause” and said there will be situations where the magistrate and the arresting officer know nothing about the defendant, who may be a repeat offender or a risk of jumping bail.
He proposed an amendment to set up a process, taking up to 20 days, for a county prosecutor to show good cause and bring the defendant back to court to have appropriate bond set.
Delegate Joe Canestraro, D-Marshall, a county prosecutor, appreciated the intent but opposed it, saying most of the people covered under this bill are charged with “minuscule” offenses, prosecutors could move for a hearing if they wanted to but won’t want to waste their time on small matters.
Delegate Tom Fast, R-Fayette and also a lawyer, supported it, noting that some misdemeanors, such as egregious animal cruelty, could fall under this bill. The amendment would add clarity. “Clarity is always welcome in statutes.”
The amendment failed in a show of hands, 10-12. The unaltered bill passed in a voice vote and goes to the full House.
The same bill under a different number, HB 4511, passed the full House in 2018, 94-4, but died in the Senate. Fast voted against it, McGeehan for it.
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