Proposed Resolution in Opposition to Proposition 102

Resolution in Opposition to Proposition 102 (Criteria for Setting Bail and Type of Bond)
 
WHEREAS, the US Constitution guarantees that individuals accused of a crime are innocent until proven guilty; and
 
WHEREAS, most defendants have the right to be released on bail that is not excessive while awaiting a trial; and
 
WHEREAS, those accused of serious crimes such as murder, kidnapping, treason, and repeat violent offenders, are not bailable under Colorado law to begin with; and
 
WHEREAS, the proposition would deny the courts the existing right to determine if a defendant can be released to the supervision of a pretrial service program on an unsecured or secured bond; and
 
WHEREAS, pretrial service programs have proven to be an effective method of supervising defendants and ensuring that they appear for their trials; and
 
WHEREAS, the proposition comes from the Bail Bondsman business and is ultimately an attempt to force more defendants to buy bail bonds, padding the pockets of those behind the measure; and
 
WHEREAS, 30% of defendants are unable to gather the financial resources to post a secured bond, resulting in unfair targeting of the poor, who are more likely to remain in jail while awaiting trial while wealthier defendants have the means to be released, even when charged with the same crime; and
 
WHEREAS, the increased time spent in jail by defendants not currently required to get secured bail bonds will cost taxpayers an additional estimated $2.8 million in state reimbursement costs to prisons; and
 
WHEREAS, the proposition will likely lead to a need to build additional facilities to house additional defendants who, under current law, would not be incarcerated while awaiting trail;
 
THEREFORE be it RESOLVED, that the Central Committee of the Democratic Party of Denver opposes Proposition 102, urges a “No” vote on Prop 102 on the General Election ballots cast on or before November 2, 2010, and commits to educating the electorate on the unfair, unneccesary, and costly effects of implementing Prop 102.