Trio of Washtenaw County Reps. Behind Legislation to Keep Judges From Denying Bail to Violent Criminals

by Hasan Almasi

Six bills under consideration in the Michigan’s House Criminal Justice Committee would reform state law to limit judges from requiring bail as a condition of release for some accused criminals awaiting trial.

Among other changes, House Bills 4655-4656 and 4658-4661 would stiffen the criteria for imposing detention conditions on a person accused of a low-level crime awaiting trial, denying judges the ability to factor in a defendant’s criminal history, prior failures to appear in court, or potential danger to the community.

In other words, the criminal records of habitual offenders could not be taken into consideration by a judge when imposing bail.

State Rep. Graham Filler, R-Duplain Township, called the bills a “dangerous shift” in how Michigan handles public safety.

“These bills would force judges to let certain offenders walk free without bail, even if they pose a clear threat to public safety,” Filler said. “When repeat offenders are given a free pass, it’s no surprise that crime rates go up…These policies are tied to a surge in violent crime in states where they’ve been adopted.”

Filler referenced similar bail reforms in other states, such as New York and California, that saw sharp increases in repeat offenses after the legislation passed. In New York City, nearly 50 percent of felony offenders released without bail were rearrested while awaiting trial, according to a report by the Manhattan Institute. 

HB 4655 in particular would change the language of the law from “a person accused of a criminal offense is entitled to bail,” to “a person accused of a criminal offense is entitled to release on personal recognizance or bail that is not excessive.” Washtenaw County Reps. Jimmie Wilson, Jr., Felicia Brabec and Ann Arbor Rep. Carrie Rheingans are co-sponsors of HB 4655.

The new language would not apply if the criminal allegation consisted of murder, treason, criminal sexual conduct in the first degree, armed robbery, kidnapping with the intent to extort money, or a violent felony committed while the person was on bail.

“Letting more accused criminals out of jail without bail is a dangerous move that threatens public safety and undermines criminal justice,” said state Rep. Mike Harris, R-Waterford, who served in law enforcement for 26 years. “Bail is a powerful financial incentive for good behavior. It encourages defendants to follow the law in our communities and then show up in court…Michigan shouldn’t repeat the mistakes of California and New York.”