Committee backs bill allowing judges to set percentage cash bonds; debate centers on public-safety trade-offs and municipal costs

Representative Chris England presented HB 42 as a restoration of a few words to current code that would allow judges to set a percentage cash bond rather than requiring defendants to post the full amount of cash bail. England said the change simply restores prior practice and gives judges discretion to set a percentage amount for cash bonds.

Committee members, numerous judges and municipal officials engaged in lengthy discussion about the policy and practical effects. Supporters, including several prosecutors and judges who spoke in committee, said percentage cash bonds give courts more direct access to fines and court costs and reduce reliance on bail bond companies whose fees and private handling of money can mean the court never sees monies that would otherwise satisfy fines or restitution.

Opponents and some lawmakers raised concerns about too-low minimums and public-safety implications. One committee member asked whether a judge could set an impractically low cash-percent bond (for example, a single-digit amount) and whether there should be a minimum percentage specified by statute. Judges who spoke said they retain wide discretion to release defendants on recognizance (OR) or set higher bonds when appropriate and that in many jurisdictions percentage bonds are already a standing practice.

City-court judges and municipal officials told the committee that cash or percentage bonds help local governments recover fines and court costs and avoid the overhead of long jail stays and the expense of housing inmates in regional jails. A municipal court judge described using OR release tied to community-corrections monitoring to keep low-level defendants connected to services while preserving public-safety oversight.

After extended discussion, a committee member moved for a favorable report on HB 42; the motion was seconded and approved by voice vote. No roll-call vote was recorded in the hearing transcript.

Why this matters: HB 42 changes how cash bail can be set in cases that are not covered by mandatory schedules, with implications for defendants, victims, municipal budgets and the local bail-bond industry. Supporters said percentage cash bonds let courts collect fines and restitution while limiting pretrial detention costs; critics urged safeguards to prevent excessively low cash amounts that would undermine appearance incentives.

Provenance: Representative England’s presentation begins at the transcript block starting at t=1912.415; the committee recorded a motion for a favorable report and approved it by voice vote in the block beginning at t=3243.105.