Bail reform amendment to be on November ballot

An Ohio constitutional amendment seeking bail reform will be on the Nov. 8 general election ballot.

Ohio Issue 1, proposed by joint resolution of the General Assembly, would require courts to consider factors such as public safety when setting bail amounts.

Under Issue 1, bail would no longer be a standard set by the state. Instead, the proposal says when setting bail amounts, courts must consider public safety, such as the seriousness of an offense, an individual's criminal record, the likelihood a person will commit another offense or "any other factor the General Assembly may prescribe."

Bail is money or property that will be forfeited to the court if an accused individual fails to appear for trial. The court may also impose conditions such as house arrest, GPS monitoring or drug testing while the defendant is released and awaiting trial.

The proposal follows a 4-3 ruling by the Ohio Supreme Court in January, which said a $1.5 million bond for a Cincinnati man accused of fatally shooting a man during a robbery was too high.

The court agreed with a 1st District Court of Appeals ruling that said setting a high bond just to keep someone charged with a crime in jail before trial was "both statutorily and constitutionally unlawful."

Issue 1 has been supported by Ohio Attorney General Dave Yost and Hamilton County Prosecutor Joe Deters.

Opponents of Issue 1 include organizations such as the American Civil Liberties Union and The Bail Project.

Mercer County Assistant Prosecutor Erin Minor supports Issue 1 while Auglaize County Public Defender Nick Catania opposes it.

Catania said he has concerns about tying public safety as a factor to the cash amounts of bail.

"I am firmly against the issue. It's deceptive," he said. "The court already considers those factors (public safety) and it wouldn't change anything other than tying public safety to cash bail."

Although Catania said he has no problem denying someone bail if they are truly a danger to society, he takes issue with the financial aspect of Issue 1. Violent defendants with money could buy their way out of jail while poor people stay detained.

"Rich people are allowed to be a danger to society but poor people (aren't)," Catania said of the amendment.

Minor said a person's income would still be considered during the bail setting process.

"The passage of Issue One doesn't mean that courts can no longer take someone's ability to pay into consideration," she said. "It's just throwing another factor into the mix. Criminal history and ability to pay would also be considered."

Minor said the amendment would be applicable "only when a defendant is charged with certain crimes. It would be aggravated murder, murder, felonies of the first or second degree, aggravated vehicular homicide, felony menacing by stalking and felony OVIs."

The assistant prosecutor said when factors to establish bail are limited, the prosecutor's office can get bogged down in verifying a defendant's ability to pay. Denial of bail also has a much higher standard for prosecutors to prove, often very early in the courtroom process, she said.
  "Prosecution or the state of Ohio has to prove that the accused committed the offense, whatever they are charged with, they have to prove that the accused poses a substantial risk of any physical harm to a person or community," Minor said. "Basically what you are asking the state to do is essentially put on all of the evidence in their case at a very early stage of the game. It's an extraordinary burden."

- The Associated Press contributed to this story.

correction:

Mercer County Assistant Prosecuting Attorney Erin Minor said prosecutors can only request no bail for certain crimes, including aggrivated murder, murder, felonies of the first or second degree, aggrivated vehicular homicide, felony menacing by stalking and felony OVIs. The error was due to reporting.