COLUMBUS, Ohio — Ohio State Senators Nathan Manning (R) and Paula Hicks-Hudson (D) have introduced a bill aimed at reforming the bail system in Ohio. The proposed legislation, Senate Bill 122, seeks to ensure that defendants are released on the least restrictive conditions that will reasonably assure their appearance in court, protect the safety of the community, and prevent obstruction of the criminal justice process.
Under the proposed bill, when a defendant appears in court pursuant to a summons, there is a presumption of release on personal recognizance, unless there is good cause to believe otherwise. Additionally, a person who has been arrested must be brought before a judicial officer for an initial bail hearing no later than the second court day following their arrest.
The bill also requires a second bail hearing on the second court day following the initial bail hearing if the defendant was not represented by counsel at the initial hearing and has not yet been released on bail. In such cases, an indigent defendant will be provided with representation by appointed counsel at the state’s expense.
The legislation mandates that financial conditions of release be related to public safety, the defendant’s risk of nonappearance in court, the seriousness of the offense, and the defendant’s criminal record. These conditions must be the least costly to the defendant while still ensuring their future appearance in court. Nonfinancial conditions, such as personal recognizance, supervision, travel restrictions, or electronic monitoring, may also be imposed.
Furthermore, the bill requires each court to establish a bail bond schedule covering all misdemeanors, including traffic offenses, to expedite the prompt release of defendants prior to their initial appearance. The court must review these schedules biennially to ensure that they do not result in unnecessary detention due to an inability to pay.
The legislation also addresses sureties, stating that every surety, except a corporate surety licensed as provided by law, must provide an affidavit justifying their financial responsibility. The bill prohibits licensed attorneys from acting as sureties.
If passed, the proposed bill would replace and update existing legislation and cross-references related to bail. It has been introduced to the Ohio Senate and awaits further deliberation and potential amendments.
The sponsors hope that the reforms outlined in Senate Bill 122 will lead to a fairer and more effective bail system in Ohio.