Bail Reform in North Carolina—Pilot Project: New Decisionmaking Framework

In a series of posts I’ve been discussing bail reform, including highlighting pilot programs underway in North Carolina. In 2018, I worked with stakeholders in North Carolina’s Judicial District 30B (Haywood and Jackson counties) to help them identify and implement a basket of pretrial reforms. One of the implemented reforms is a new decisionmaking framework for determining conditions of pretrial release. Key features of the framework include: An easily implemented, stakeholder-created tool to quickly identify low-risk defendants who immediately can be released on non-financial conditions. A requirement that decisionmakers follow the statutory mandate and impose non-financial conditions unless they determine that such release will not reasonably assure appearance; will pose a danger of injury to any person; or is likely to result in the destruction of evidence, subornation of perjury, or intimidation of witnesses. Recommended maximum bond amounts for secured bonds and the requirement that ability to pay be considered in connection with imposition of that form of release. What Are the Reasons behind the Reform? The District’s old Local Bail Policy included a table setting suggested bond amounts based on the punishment class of the charged offense. Best practices recommend against the use of such tables. ABA Standards for Criminal Justice: Pretrial Release, Standard 10-5.3(e) (3d ed. 2007) ("Financial conditions should be the result of an individualized decision taking into account the special circumstances of each defendant, the defendant's ability to meet the financial conditions and the defendant's flight risk, and should never be set by reference to a predetermined [...]