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Judge briefs county finance committee on Michigan pretrial-bond reforms
Summary
At a July 24 Finance & Administration meeting, 51st Circuit Court Judge Susan Sniegowski outlined 2020 statutory reforms and Michigan Court Rule 6.106 updates that create a presumption against cash bail and limit judges to assessing public safety and flight risk when setting bonds.
Judge Susan Sniegowski addressed the Oceana County Finance & Administration Committee on July 24 to explain changes in Michigan law and court rules affecting pretrial release and bond decisions.
Sniegowski summarized the 2020 legislative package and subsequent Michigan Supreme Court updates to Michigan Court Rule 6.106, saying the reforms "limit judicial discretion" and establish a presumption against cash bail in most cases. "There is a legal presumption in Michigan against cash bail," she said, adding that judges must follow a specific checklist and individualize any monetary bond based on facts in the record.
Under the new framework, judges may detain a defendant without bond in only the most serious cases (homicide or certain violent felonies) and only after satisfying additional criteria. The judge said courts are limited to considering public safety and the likelihood an individual will return to court; factors such as financial status or fixed bond schedules are no longer permissible.
Sniegowski also described new requirements for law enforcement to issue appearance tickets for many misdemeanor offenses instead of arresting individuals; deviations require explicit documentation in the police report. She explained procedures for reconsideration of bond decisions and noted the court must wait 48 hours before issuing a bench warrant after a missed appearance, and that judges are ethically prohibited from public commentary on pending cases.
The judge said drug-related cases remain challenging for courts because statutes no longer permit detention for detoxification alone. Committee members asked questions about local bond consistency; Sheriff Craig Mast provided data on bond variability among neighboring counties and jail populations.
The presentation aimed to clarify the legal ceiling for bond decisions at the county level and to help county officials understand constraints on local court practices.
