Lawmakers back bail minimums for violent crimes despite legal concerns

A bill that advanced from a Louisiana House committee Wednesday would set minimum bail amounts for suspects of violent crimes, a practice that critics say tips the scales of justice against the poor. 

There have also been federal challenges to minimum bail laws in other states on the grounds that judges should have the flexibility to determine the amounts based on individual circumstances.

The House Committee on the Administration of Criminal Justice approved House Bill 498 with a 7-4 vote. 

Author Rep. John Stefanski, R-Crowley, who’s a candidate for attorney general, also called for judges to provide written reasons when they decide to go below that minimum in his proposal. 

“There’s a frustration with members of the public with the amounts that bonds are set,” Stefanski said. “This is my attempt to bring transparency to that.” 

The biggest concern for opponents of Stefanski’s bill was that its original version applied minimum bail “unless the defendant proves by clear and convincing evidence.” This would amount to a court hearing on the merits of the case at a point when many suspects don’t have a lawyer yet, public defenders told committee members.  

Committee Chairman Rep. Joe Marino, I-Gretna, is a defense attorney who said public defenders typically aren’t assigned until after a suspect is formally charged in Jefferson Parish and many other jurisdictions. 

Stefanski agreed to take the “clear and convincing” language out of his bill, and he lowered the minimum bail amounts he originally proposed. His starting point had been $500,000 for violent crimes with possession of a firearm and $100,000 without a firearm. His changes lowered the basements to $100,000 and $50,000, plus he specified the firearm had to be used, not just possessed, to commit the crime.

The new minimums still posed a problem to Stephanie L. Willis, policy strategist for the ACLU of Louisiana. She noted the median bail set in the state is $24,000, almost the same as the federal poverty line for a family of three in the United States.

Opponents of the proposal noted a wealthy person accused of murder could easily post  $100,000 for bail, while a poor suspect charged with purse snatching – a violent crime under state law – would remain in jail because they couldn’t afford that amount. 

“In Louisiana, freedom really exists for those with the ability to pay,” Willis said.

Judges would still have the discretion to set lower bails because House Bill 498 leans on the section of state criminal code that spells out factors for determining bail, Stefanski said. They include the defendant’s ability to post bail, their criminal record and the weight of any evidence. 

Stefanski resisted when Rep. Debbie Villio, R-Kenner, a former prosecutor, suggested the minimum be dropped as low as $10,000. Villio ultimately voted for his bill.       

Some lawmakers warned the requirement for judges to explain their exceptions in writing could bog down court proceedings. Stefanski said he would consider an amendment to let judges state orally why they want to set bail below the mandated minimum.

Accountability for judges comes through elections, said Checo Yancy with Voice of the Experienced, an advocacy group for the formerly incarcerated. If the public believes judges take too many liberties with bail, they can be replaced, he explained.

Yancy reflected on what he called “tough on crime” bills the Criminal Justice Committee has already advanced this session. Many make it more difficult for incarcerated people to rejoin society, he said. 

Just before debate on Stefanski’s bill, the committee rejected a bill from Rep. Barry Ivey, R-Central, that would have granted immediate parole eligibility to anyone sentenced to life in prison for an offense committed before July 2, 1973.  

“I don’t think Jesus could get out of this committee,” Yancy said. “Everything is hammer, hammer, hammer.”