Bail system treats accused unfairly

As state lawmakers press forward in efforts to replace overcrowded and inefficient Oahu Community Correctional Center with a new facility, they should concurrently draft a strategy for doing away with much of the so-called “money bail” system.

This system — in place in Hawaii and many other states — unfairly penalizes a cash-strapped accused person who poses no apparent flight risk or danger to the public because it relies heavily on financial status in deciding whether an arrestee goes home or stays in jail.

Money is required to bail out 93 percent of the time on Oahu, and 88 percent statewide, according to a preliminary report released last week by the American Civil Liberties Union of Hawaii. And oftentimes that price tag is too high for the arrestee.

Even when released without money bail while awaiting trial, the accused in Hawaii wait in jail an average of over 90 days before that hearing takes place, when most large counties nationwide are able to free arrestees in 15 days or less, the report found.

Given the system’s shortcomings, it’s not surprising that in 2016, about 41 percent of all inmates in Oahu’s correctional system were pretrial inmates. And that is contributing to overcrowding.

While in jail for weeks or months at a time, pre-trial detainees can lose their employment. Without a steady paycheck, they can lose housing, vehicles and fall behind on other responsibilities. What’s more, the current system hammers Hawaii taxpayers,who pay an estimated $146 daily per detainee.

Clearly, our system is in need of reform. In addition to its report, “As Much Justice As You Can Afford — Hawaii’s Accused Face an Unequal Bail System,” the ACLU has submitted testimony in support of Senate Bill 2860, which would require courts to release low-risk arrestees on “personal recognizance” or through unsecured bond. Also, it would establish a statewide court appearance system, and requirements for a pretrial risk assessment tool.

While public safety is the top concern, of course, it’s possible that a pretrial release system based on robust risk assessment and supervision can improve that, too. For example, after New Jersey lawmakers essentially replaced its cash-bail system with similar reform a year ago, both its jail population and crime rate have dropped.

Here last week, the Senate Committee on Public Safety, Intergovernmental and Military Affairs deferred action on SB 2860 for one year, pending a report from a task force reviewing current criminal pretrial practices. The timing is understandable, but the task force should digest the ACLU’s ongoing investigation and analysis. For the sake of fending off civil liberty threats — and unnecessary taxpayer expense — reform should rank as a priority.

In November, Gov. David Ige announced the tentative site for OCCC’s replacement facility: the state Animal Quarantine Station grounds in Halawa Valley, at an estimated $525 million cost. While any capital improvement project upwards of a half-billion dollars will elicit balking, in this instance, deplorable conditions must be fixed.

Aging and inefficient in its operations, OCCC in Kalihi houses more than 1,300 inmates in a facility originally designed for 628, but modified over the years to fit about 950.

In addition to a new facility, Hawaii should follow the lead of other states that are effectively reducing the behind-bars population by modernizing policies on bail as well as classification of crimes, sentencing, parole and probation. In 2016, Hawaii’s Legislature took a step in that direction, approving a law that allows the release of some types of low-level nonviolent inmates from OCCC.

In the case of bail, its purpose is to ensure that defendants will appear for trial and pretrial hearings. Hawaii can do better than a system that responds to inability to afford money bail with practices tantamount to punishment.