Alternative Bail Bond Bill Goes Nowhere

As reviewed by American Surety Company, Colorado’s Alternative Bond bill SB11-186 failed to pass before the 2011 legislative session ended. This bill would allow Colorado courts to take part in the bail bond business. The courts would be able to collect a premium, normally paid to bail bond agents for posting a defendant’s bail. The court, unlike a bail agent, would not have to pay the full bond amount if a defendant does not appear for court. Clearly a fatal flaw.  There’s no incentive on the part of the defendant and no one but public safety officials to pick up those who fail to appear.

The bill managed to pass in the Senate by a very thin margin (18-17), but didn’t have enough time to get passed in the House. It’s more likely, though, that arguments and evidence brought up by commercial bail bondsmen were enough to degrade support for SB11-186 in the House. 

SB11-186 was brought to the floor by the Colorado Commission on Criminal and Juvenile Justice (CCJJ) who’s mission statement is “to enhance public safety, to ensure justice, and to ensure protection of the rights of victims through cost-effective use of public resources.”

The CCJJ is made up of public servants, with the exception of three possible members from the private sector. CCJJ members who support the bill were chastised by the Judiciary Committee for failing to include members of the commercial bail bond industry in discussions about an alternative bond concept.

The commercial bail bond industry has put up a winning fight to preserve bail in Colorado. Representative Waller and commercial bail bond agents have agreed to work with each other over the year to look at issues regarding the quick release of pre-trial detainees. This is a chance for bail bondsmen to be a part of the solution.

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