The Akron Legal News

For nonviolent offenders City attorney implements new no bond release policy

KEITH ARNOLD
Special to the Legal News
Published: June 14, 2019

A part of an effort to make criminal justice fairer and more efficient, City Attorney Zach Klein last week put into practice a new policy that would implement release of all non-violent misdemeanor offenders upon arraignment.

The city attorney announced the effort as a new prosecution policy intended to promote public safety, prioritize jail space for violent offenders, save taxpayer money and reduce jail time for those awaiting trial for non-violent misdemeanor offenses.

"Effective immediately and absent unique circumstances, city prosecutors will affirmatively request and advocate for recognizance bonds for all non-violent offenders appearing in arraignment court," the statement read.

Commonly known as ROR - or "release on own recognizance" - bonds, a recognizance bond allows individuals to be released from jail following their arraignment hearing without having to post cash for a bail bond.

Individuals charged with sex offenses, including public indecency, sexual imposition, unlawful sexual conduct with a minor and voyeurism, as well as operating a vehicle while intoxicated, will not be afforded the same consideration as other non-violent offenders.

"The city prosecutor's office will not be recommending recognizance bonds for (these) cases ... ," a press release outlined.

Included on the city attorney's list of violent crimes: menacing, stalking, a city weapons-under-disability charge and child endangering.

Among the issues this new policy change is intended to address is the basic fact that individuals who are indigent and cannot afford to post bail have to remain in jail while waiting for trial, while others charged with the same offenses, but who have the financial ability to make bail, are able to go free, the press release noted.

The city attorney's office explained that, generally, individuals charged with these types of non-violent misdemeanors likely will not be sentenced to jail once convicted, creating an imbalance in the criminal justice system that may keep impoverished people incarcerated before they are convicted solely because they cannot afford to pay a bail bond.

"Since becoming city attorney, I have challenged myself and my team to find ways to modernize our processes and procedures in our effort to make the criminal justice system more efficient, equitable, and fair," Klein said in a prepared statement. "This bail reform initiative is one of several new policies we have spent a great deal of time analyzing and developing, and I'm excited to begin implementing more of our reforms soon."

Klein recognized that the judges presiding over arraignment court ultimately decide bond conditions. They do, however, generally take into account the prosecution's recommendation, his office said.

Klein did not respond to an email seeking further details on the new policy by deadline.

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