Deputy Chief Counsel Randy Gioia Testifies on Bail Reform Legislation
On June 9, 2015, Deputy Chief Counsel Randy Gioia testified before the Joint Committee on the Judiciary on two bills, H.1584 and S.802, which would reform bail and the pretrial process.
He told the committee, “There are several provisions of these bills that would do much to correct the current inequitable system that severely impacts persons who are unable to afford bail and are then held pretrial, often for minor charges of which they may not be guilty or convicted. Persons who are poor should not be treated differently than those with means and they should not be subjected to negative consequences, consequences that significantly impact their and their families’ lives, consequences such as being fired from a job, evicted from public housing, losing public benefits, losing a place in shelters if homeless, missing classes if they are students, and losing custody of children if they are parents.”
The Deputy Chief Counsel went on to highlight several noteworthy provisions, ones he described as “a move in the right direction,” but he added, “As they are now drafted, these bills require further study, research, and drafting.“
He closed urging the committee to proceed carefully, “The intent of this legislation is good, but I caution the committee not to act swiftly. Many provisions would move the Commonwealth towards positive reform, but there are also provisions that could create a process that may not be any better than the one we now have, and may lead to more individuals being held pretrial.”
The links to the legislation can be found at: https://malegislature.gov/Bills/189/House/H1584 and https://malegislature.gov/Bills/189/Senate/S802.