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    Friday, May 10, 2024

    Defense attorneys say bail reform act benefits their clients, society

    Gov. Dannel P. Malloy pushed hard and got his way at the end of this year's legislative session for reform of Connecticut's bail system.

    Malloy is expected to sign Public Act 7044, which reached his desk Wednesday, by July 1, when it becomes effective, according to the governor's press secretary, Christopher Collibee.

    The new law prohibits bail for those accused of most nonviolent misdemeanor offenses. Judges still will have the discretion to impose bail for those accused of misdemeanor domestic violence cases, those who have a history of failing to appear in court, those who are judged to be flight risks and those who attempt to obstruct justice, threaten a witness or engage in conduct that threatens the safety of himself, herself or others.

    The law requires that those who are being held in lieu of bond be presented in court for a bond review hearing within 14 days of their first court appearance and prohibits judges from setting cash-only bonds.  

    Attorney Sean F. Kelly, supervisor of public defenders at New London's Geographical Area courthouse, said he still is studying the new act, but said it appears to be beneficial both for the indigent clients his office serves and society.

    "When you see someone held on a breach of peace incident that's nonviolent and wouldn't dictate incarceration (if the person was convicted), it is a societal problem," Kelly said. "It's going to cost you, me and the defendant."

    He said the current system makes sure that indigent clients who commit offenses that would not require them to serve time in prison if convicted have their right to an attorney, but not to make bond. When those clients are held because they can't come up with bail, it interferes with their employment and has collateral consequences, such as when they can't pay child support or other bills.

    "It's just much easier for them to stay out and keep their jobs and have the money, hopefully, to hire a lawyer if they need one," New London defense attorney Anthony R. Basilica said.

    Bringing defendants back into court for bail review hearings after two weeks will increase the number of cases on court dockets, but also might promote a quicker resolution of cases, Kelly said.

    Malloy and Department of Correction Commissioner Scott Semple had touted the bill, which passed just before the end of this year's regular legislative session, as one that would stop penalizing those who can't afford bail and save the state the cost of incarcerating nondangerous offenders while their court cases are pending.

    The initial proposal had contained a provision, vehemently opposed by the bail bonds industry and ultimately stricken, that allowed defendants to be freed after posting 10 percent of their bond amount. The defendants would have received the money back after their court case was resolved. Bail bond agents generally charge defendants a 10 percent nonrefundable fee to secure a bond for the full bail amount.

    k.florin@theday.com

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