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Committee weighs HB2 bail language, magistrate pay and next steps after House action
Summary
Members discussed deletion of a bail-related provision in HB2 (related to the House'passed bail bill), the effect on magistrates and bail commissioners, and directed staff to prepare an HB2 amendment to give magistrates duties after the effective date so pay is not wasted.
Finance Division I members reviewed bail-related language removed from the HB2 packet after the House passed separate bail legislation, and discussed downstream effects on bail commissioners and magistrates.
The committee heard that an amendment (997H) would delete a bail provision because the House already passed a separate bail bill (referred to in committee as HB594). Committee members raised concerns about how magistrates and bail commissioners will be paid and assigned duties if the magisterial positions are deleted without work to do.
"The other thing is the part about bail that we did last time was we had ... the judiciary pay the bail commissioners directly and then collect from the others," said the Chair. Melissa (fiscal staff) said the judiciary has reported problems collecting the money and the department believes the change may be resulting in a budget hit. Representative Abel said: "...it appears, at least at first, that they're not as good at collecting as the commissioners were in the first place."
Committee members directed staff to prepare an HB1/HB2 amendment that would take effect after the effective date of the House-passed bail bill to give magistrates an assignment so they are not paid without duties. The chair asked staff to check with the judicial branch and the criminal-justice committee and report back.
Why it matters
If pay for magistrates continues after their duties are removed, the state may be paying for positions with no assigned work; the committee is exploring statutory language that would shift duties or otherwise prevent an unfunded, idle workforce. The committee asked DES staff to confirm implementation timelines and asked counsel to confirm whether the proposed amendment would conflict with the House-passed bail bill.
Next steps
Staff will reach out to the judicial branch to clarify when magistrates began being paid under the new mechanism, whether the judiciary has assumed collections permanently, and to draft an HB1/HB2 amendment that becomes effective after the House bill's effective date to assign duties to the magistrates or otherwise address the pay issue.
