MD OKs Bill With Reporting Musts on Deposit Bail System

Nestled into a 350 page appropriations bill you will find on page six a provision (C00A00.04) regarding the funding of the District Court. If the Judiciary fails to provide a report to the budget committees on the status of bail debtors (depositors who owe the remaining 90% on forfeited 10% deposit bonds), the state will then withhold $500,000 of its funding to the District Court. The report must be submitted by November 1, 2009.

A number of states employ the use of a 10% deposit bond option for the release of an offender pending trial. Maryland has found that the 90% balance on forfeited bonds is not being collected costing that state millions of dollars in much needed revenue. This comes as no surprise to the bail industry as it's common knowledge depositors of 10% bail are not underwritten by the court for their ability to pay the full amount of the bond upon forfeiture. Furthermore, the courts make no meaningful attempt, if any, at 90% balance on forfeited 10% deposit bonds.

The C00A00.04 (pg. 6) provision requires that the report include the following:

1. the defendants' names, addresses, and other identifying information;

2. the issuance and service of any bench warrants for failure to appear;

3. the total of any forfeitures of bail bonds issued; and

4. the date of satisfaction of any forfeiture of bail bonds issued.

The passing of MD HB 100 motivate bail agents in other states who must compete with deposit bond programs. Statistics are our friend to push for the passing of reporting bills like the A Citizens Right to Know or something similar like HB 100. HB 100 is the first bill that contains reporting requirements for the court on a release option that actually provides for a penalty for failure to comply. Thanks Maryland for getting this passed!