COLUMBUS, Ohio — A bill and a constitutional amendment, which would change how judges address bail for criminal defendants, moved to the Ohio House of Representatives for a full vote.
What You Need To Know
- A bill and a constitutional amendment, which would change how judges address bail for criminal defendants, moved to the Ohio House of Representatives for a full vote
- House Joint Resolution 2 and then approved House Bill 607 would require judges to consider public safety and a person’s criminal record when setting cash bail
- The bill and amendment are being pushed by Republicans because they disagree with the Ohio Supreme Court’s ruling in DuBose v. McGuffey.
The measures could make their way to the floor as early as next week.
First, the committee gave the “OK” to House Joint Resolution 2 and then approved House Bill 607 which would require judges to consider public safety and a person’s criminal record when setting cash bail.
“This is a good day for Ohio because the goal is to have safe communities in our state,” Rep. D.J. Swearingen, R-Huron. “I think voters were very clear in 2020 that they want law and order in the state of Ohio. And we think that this bill works to that end.”
The bill and amendment are being pushed by Republicans because they disagree with the Ohio Supreme Court’s ruling in DuBose v. McGuffey. The state asked DuBose and his co-defendant, who were both charged with murder, have their bail set at $1.5 million but an appeals court lowered it to $500,000.
The three liberal justices and Chief Justice Maureen O’Connor agreed with the appeals court, saying public safety should not be considered when determining bail because that state already has different rules involving public safety and release.
“It really comes down to public safety,” said Rep. Jeff LaRe, R-Violet Township. “And it’s important that we do this now because we’re trying to get it on the November ballot. So timing is of the essence.”
Meanwhile, Democrats and civil rights advocates like the ACLU of Ohio are not in favor of either measure.
“We think the DuBose decision does not need fixing,” said ACLU of Ohio policy counsel Patrick Higgins. “It pointed out a straightforward understanding of what the law says, which is the purpose of cash bail is to ensure the return of the accused. It’s not to punish the accused. It’s not to keep the person locked up pretrial.”
They believe the way to keep someone considered a danger to society off the streets is by expanding the state’s pretrial detention system.
“There’s 12,000 people in Ohio jails every single day who are locked up pretrial, most of whom are there simply because they can’t afford cash bail. So we’ve got an exciting fix to our pretrial detention and over reliance on cash bail system,” Higgins said.
The constitutional amendment language changed Wednesday to ensure future legislation could further address bail reform. House Bill 607 needs the constitutional amendment in order for it to be enforced, hence the two-pronged approach.
In order to get the amendment to the ballot on Nov. 8, it requires support from 60% of lawmakers in the Ohio House and Senate at least 90 days before the election.
