Cuyahoga County Bail Task Force Report and Recommendations
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All Cuyahoga County courts should transition from a bail system based on bond schedules,
which vary widely from one court to the next, to a centralized, consistent, and comprehensive
system of pretrial services initiated immediately after arrest. For most minor offenses, the
presumption should be release on personal recognizance. Money bail should not be used to
simply detain defendants. Rather than relying on bond schedules, courts should assess each
defendant’s risk of non-appearance and danger to the community using a uniform risk
assessment tool. If money bail is considered, courts should evaluate each defendant’s risk of
non-appearance and ability to pay, and then tailor money bail accordingly.
A more robust and early evaluation of each defendant, using particularized information from a
single, uniform database about a defendant’s criminal history and pending cases, as well as a risk
assessment tool, would give judges better information upon which to make pretrial release
decisions. Prompt centralized bail hearings before a judge, with defense counsel present, for all
defendants in common pleas and municipal courts throughout the county would facilitate early
and improved access to pretrial processes and services designed to reduce the risk of non-
appearance and danger to the community. This system would lessen collateral consequences for
the accused, such as loss of employment or housing while waiting in jail, and result in significant
cost savings to government by reducing unnecessary detention.
This report and recommendations are consistent with the best practices and recommendations
reflected in:
The 2017 Report and Recommendations by the Ohio Sentencing Commission’s Ad Hoc
Committee on Bail and Pretrial Services,
The findings of a Cuyahoga County Jail Population Analysis conducted in 2017 by the
Pretrial Justice Institute,
Other reports recently issued throughout the state of Ohio,
The ABA Standards for Criminal Justice, Third Edition, Pretrial Release,
and
Recent nationwide trends in bail reform.
Ad Hoc Committee on Bail and Pretrial Justice: Report and Recommendations, Ohio Sentencing
Commission, March 2017 (hereinafter, “Report of Ad Hoc Committee on Bail and Pretrial Justice”), available at
https://www.supremecourt.ohio.gov/Boards/Sentencing/Materials/2017/March/finalAdHocBailReport.pdf.
John Clark and Rachel Sottile Logvin, Enhancing Pretrial Justice in Cuyahoga County: Results from a Jail
Population Analysis and Judicial Feedback (Sept. 2017, Pretrial Justice Institute) (hereinafter “PJI Report”),
available at http://www.acluohio.org/wp-content/uploads/2017/10/Cuyahoga-County-Jail-Population-Analysis-
Report-PJI-2017_final.pdf.
Recent reports in Ohio include the following: Montgomery County, OH Bail Practices Review, Public Performance
Partners, Inc. (Jan. 11, 2018); Daniel J. Dew, “Money Bail”: Making Ohio a More Dangerous Place to Live (Dec.
11, 2017 The Buckeye Institute).
ABA Standards for Criminal Justice, Third Edition, Pretrial Release, American Bar Association, 2007 (hereinafter,
“ABA Standards, Pretrial Release”).
See Report of Ad Hoc Committee on Bail and Pretrial Justice, pp. 1-2 (describing trends), and Appendix A (chart
of states implementing reforms). For other recent literature consistent with the recommendations contained herein,
see Timothy R. Schnacke, Fundamentals of Bail: A Resource Guide for Pretrial Practitioners and a Framework for
American Pretrial Reform, U.S. Department of Justice, National Institute of Corrections (Aug. 2014); Timothy R.
Schnacke, Money as a Criminal Justice Stakeholder: The Judge’s Decision to Release or Detain a Defendant
Pretrial, U.S. Department of Justice, National Institute of Corrections (Sept. 2014); Megan Stevenson & Sandra G.