Louisiana House Bill HB81

Louisiana 2017 Regular Session

• Introduced: 3/21/17
• Refer: 3/21/17
• Refer: 4/10/17

Caption

Provides for presumptive pretrial release of a defendant on an unsecured personal surety or bail without surety except under certain circumstances

Impact

The passage of HB 81 would significantly alter the existing bail structure in Louisiana. The bill is designed to support defendants by providing fairer access to release options that do not financially burden them, which is particularly relevant for low-income individuals accused of crimes. It could lead to a decrease in the number of pretrial detainees who may languish in jail simply due to an inability to afford bail. Advocates for criminal justice reform view this bill as a necessary step toward creating a more just legal system that prioritizes the presumption of innocence and addresses issues surrounding mass incarceration.

Summary

House Bill 81 aims to implement a system for presumptive pretrial release of defendants on unsecured personal surety or bail without surety, barring certain circumstances. This bill amends existing provisions under Louisiana's Code of Criminal Procedure, specifically Articles 316 and 321. Under the proposed law, magistrates are required to order the pretrial release of eligible defendants unless it can be shown that such a release would compromise the safety of the community, ensure their attendance at court, or lead to further criminal conduct. This change is aimed at promoting equity in the bail process by reducing the reliance on secured bail options for pretrial detainees, particularly those who may not have the financial means to pay for bail.

Sentiment

The sentiment surrounding HB 81 appears to be generally supportive among criminal justice reform advocates, who see it as a progressive move toward balancing fairness and public safety in the pretrial process. However, there are concerns, particularly from various law enforcement officials and community members, regarding the potential risks associated with presumptive release. Opponents of the bill argue that it could lead to increased instances of repeat offenses or failures to appear in court, suggesting that more rigorous assessments might be necessary prior to granting release.

Contention

Notable points of contention surrounding HB 81 include debates on balancing defendant rights with community safety. Critics are worried that automatic pretrial release might jeopardize public safety and the integrity of the judicial process. Proponents, on the other hand, argue that the bill includes sufficient considerations and requirements for magistrates to assess a defendant’s risk accurately before granting release. The challenge lies in addressing the existing biases within the judicial system while ensuring that measures are in place to protect both defendants and the broader community.