CHILLICOTHE, Ohio — The City of Chillicothe has eliminated cash bail for more than half the crimes that local law enforcement arrest.
Effective July 1, law enforcement across Ross County were told that they were not allowed to arrest anyone charged with a misdemeanor crime. There are some caveats to the order, which was handed down by Chillicothe Municipal Court Judges Toni Eddy and John Street.
“Unless otherwise ordered, bail shall be a personal recognizance,” read a journal entry docketed on the first. What that means, according to the order, is that if someone is charged with a crime, then they are to be released from custody with a summons to appear in court, versus being taken to jail and incarcerated. According to an email from the Chillicothe Police Department, the ruling comes down after the United States Supreme Court said cash bails were “prejudicious.”
“The United States Supreme Court has ruled that bonds are prejudicious and therefore, the following procedures are in effect immediately,” read an email from Captain Chris Dubay written to officers. “All arrests that do not fall under Section 4 of this memorandum will be released on their own recognizance (given a summons citation).”
In 2020, Chillicothe Municipal Court processed 2,237 misdemeanors, according to the clerk’s office.
The progressive and conservative sides of the political spectrum have both called for the reduction or elimination of cash bonds, saying they further isolate already struggling citizens by putting them at risk of losing their jobs while incarcerated and disconnected from family support.
Earlier this year, the Ohio Supreme Court adopted new rules requiring that judges look for alternatives to cash bail when setting bail conditions for releasing defendants from jail. Chief Justice Maureen O’Connor — a republican — has long been opposed to cash bail and was a champion for the order.
Dubay told the officers in the email that he knows there will be a lot of questions, including those about drunken driving, and that for the time being, OVI offenders should be released to a sober person. He has set a meeting with the Court for this week to seek clarity. Until then, he said, officers are to call their supervisors with any questions.
The order has left much local law enforcement unhappy that their hands are now tied.
One sergeant fired back in a “reply all” email and said that it was only a matter of time before “criminals” find out and go unchecked without consequences because they know they won’t land behind bars if they are caught.
Such charges that do not fall under the new rules include any felonies, domestic violence, protection order violations, and no-contact orders; those charges will be arrested and people will be locked up.
Since the Ross County Commissioners contract with the Chillicothe Municipal Court for misdemeanor court services, the order was also given to the Ross County Sheriff’s office, as well as the Ohio Department of Natural Resources and the Highway Patrol.
It is not uncommon to see someone incarcerated in the Ross County Jail, being housed on a $250 bond for a fourth-degree misdemeanor. In many instances, the defendant doesn’t have the money to afford bail and has no one to call. That, now, won’t be an issue under the new orders.
“….we have people who have been charged with first-degree murder and have gotten a bail amount that they could, in fact, afford,’’ said nationally-known prosecutor Kim Foxx. “And, so, when you’re judging public safety, there’s a person languishing in our jail because they are too impoverished to pay an amount to get out for an offense that does not risk public safety.”
Similar orders were in place at the beginning of the COVID-19 pandemic, when jails were afraid of housing too many people in fear of a coronavirus outbreak. Now, however, it’s the law of the land in Ross County.