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Michael J. Whitlock According to wisevoter.com Illinois ranks number five among all states for incidents of violent crime and ranks 19th for total crimes committed. The Illinois Supreme Court upheld the Illinois Bail Reform Act, a new law banning the use of cash to secure the appearance in court by the accused while released from jail pending trial. The new law goes into effect September 18, 2023. Illinois has not used bail bonds for decades. Prior to the new law, most defendants could deposit with the court 10% of the set bail in cash. What we refer to as the 90% discount. The new law will take the 90% discount to a 100% discount known as “zero bail”. Some would argue eliminating the requirement of bail makes the public safer.…

By Michael J. Whitlock South Carolina Governor Henry McMaster signed sweeping legislation (H3532) related to its pretrial release system and licensed bondsmen. While several states have been reviewing the pretrial release regulations over the past seven to ten years, South Carolina is only now working to address concerns perceived or otherwise. Here are some highlights. Full cash bonds will be required on anyone charged with a violent offense while released on bond for a prior felony offense or a felony offense involving a firearm while out on bond or pretrial release. When setting conditions for release the court must consider the nature of circumstances surrounding the offense charged, family ties, employment status, financial resources, character and mental condition, length of residency in the community, prior criminal record, prior convictions, prior failures to…

By Michael Whitlock I spent a few days at our nation’s capital this week in my capacity as a member of the American Bail Coalition Legislative Committee. The bail industry is largely regulated by the states though some bail is still written at the federal level and federal regulation can indirectly impact bail policies at the state level. We met with both congressmen and senators to discuss these important issues. The Bureau of Justice Statistics released a study in 2007, providing data gathered from the 75 largest counties in the country for the purpose of determining the effectiveness of various forms of pretrial release. The BJS study concluded secured bail be it full cash or surety were most effective. It was also a useful tool to drive home the point bail bonds play a…

By Michael J. Whitlock There is a winter storm coming down from the north that will sweep across the Midwest over the Northeast guaranteeing snow for Christmas.  Snow just adds a little something to the occasion and the season. I probably don’t embrace the season as much as I should for reasons unknown.  I do enjoy looking out my window to see the cars of my adult kids parked in the driveway.  No matter how old they get, I never stop worrying for their well-being and having them all at the house certainly adds to the holiday spirit. Given the state of our country and the increase in crime in our communities it’s always a relief to have family around.  My son and daughters know the first question I’m going…

By Michael J. Whitlock This past October, I was a guest speaker at the California Bail Agents Association annual conference in Las Vegas. My topic was the recent legislation passed in Indiana regulating charitable bail organizations. My preferred speaking style is from the heart, not power point presentations. Albert Ramirez, a veteran bail agent and attorney came up to me afterwards, gave me some positive feedback and ask where I went to college. I told him, no college for me. He said I came across as having advance educated in my presentation. That was the greatest compliment I could receive. A lack of a college degree, or any college at all, has been the driving force in my work life, if I am being honest. Everyone around me had a…

By Michael J. Whitlock Every now and again amid the fog of war there is a direct hit on the opposition so profound it can shake the very foundation of their mission. In the case of pretrial justice, the side on the receiving end of the truth bomb must have been thunder-struck after coming face to face with the most incredible weapon, the facts. Unbeknownst to many of us working in the pretrial release space, there were a small group of people working on something in Texas akin to the Manhattan Project. They pooled their knowledge and resources, gathering and synthesizing information available to the public that would disarm their adversaries. The group unveiled their results last week on their website HarrisCountyCourtWatch.com. Harris County, Texas, with a population of 4.8…