Citizens' Right To Know Act Of 2018
Mr. Speaker, I thank Chairman Goodlatte for bringing this legislation to the floor. I have several comments that I would like to make in response to my friend from Houston, Ms. Jackson Lee, about this legislation and about what it is and,…
Mr. Speaker, I thank Chairman Goodlatte for bringing this legislation to the floor.
I have several comments that I would like to make in response to my friend from Houston, Ms. Jackson Lee, about this legislation and about what it is and, more importantly, what it is not.
I served 22 years on a criminal court in Houston, Texas, felony cases, saw about 25,000 people work their way through my court. Before that, I was a prosecutor for 8 years in State court. Mr. Speaker, I saw a lot of people charged with criminal conduct, and this legislation is necessary because of some problems that the system has created.
As the chairman pointed out, pretrial release is a relatively new concept in our justice system. When a person comes and is charged with a crime, generally speaking, in most jurisdictions, there are four ways in which that individual can be released until their day in court:
One way is to put up a cash bond, where they put up the cash to the sheriff's department sometimes, and after the case is over with, they get that cash back.
Another way is to go through a bonding agency where they pay a bonding agency a percentage and they, the bond company, are responsible for making sure the person appears in court. If they don't appear, the bonding company loses the entire bond money.
There is a personal recognizance bond, where an individual comes to court and tells the judge and promises: Judge, I will come back to court for my trial.
It is an agreement between the judge and the individual.
And then there is the pretrial release system.
The pretrial release system is similar to personal recognizance, except the person is supposed to be supervised by a government agency, usually called the pretrial release agency, that makes sure that that person abides by certain conditions, doesn't leave town, and that pretrial release agency is usually run by the local judiciary or the justice system like the county, four different ways.
This legislation deals only with the pretrial release programs in our Nation, the 300 pretrial release programs.
The Citizens Right to Know Act is really not reforming pretrial release, it is an accountability portion of pretrial release to let people know how the Federal money is being used to operate.
Each year, millions of dollars in Federal grant money goes to State and local pretrial release agencies to operate those programs. These programs allow the accused individual to be released and await trial, usually to stay in the jurisdiction.
However, some jurisdictions overuse the programs and release many repeat and dangerous individuals with no
oversight by anybody. They are just released into the community.
Some of these released individuals disappear from the justice system indefinitely. We don't know how many do because there is no reporting of people under the pretrial release program to the Federal Government when they receive Federal funds.
In many cases, repeat, violent, and hardened criminals participate. As a result, in jurisdictions across the country, taxpayers are literally bailing out individuals with a long criminal record on a new criminal offense.
All across America, terrible crimes are being committed by individuals who are bailed out on a pretrial release program because there is no accountability of the program.
This bill is an accountability bill. Who is being released? What types of cases are being released? How many people repeat a crime while they are out on pretrial release?
We don't know because those records are never kept. So if the taxpayers are going to fund pretrial release programs, as they should in local jurisdictions, let the pretrial release program report back to the Federal Government the results of the program. Is it working? Is it not working? That is what we need to know, and we have no idea today.
It doesn't have anything to do with determining who is released on pretrial release, it just wants these organizations to report back to the Federal Government because the public has the right to know if the program is working.
Right now, that is neither collected or reported in any systematic fashion.
Why not? Why don't these pretrial release programs in the country say: Yes. It is working. Everybody comes back, or a great percentage comes back. Or: No. It is not working. People disappear. They commit crimes. We don't know, Mr. Speaker.
All this bill does is help pretrial release let us know and let them know and the public know, is the pretrial release program working in that jurisdiction?
You are using Federal money to operate the program, therefore, report back to the Federal Government on how that program is working or not working.
It doesn't change the pretrial release program, except it requires accountability. For too long, we have not allowed or required accountability of what takes place under the pretrial release program.
It does not collect data on each pretrial release defendant to determine if these agencies are effective in ensuring that defendants adhere to their pretrial requirements and whether the defendants actually show up for trial. It collects it on all defendants that the pretrial release program must report to the Federal Government.
Congress must be able to determine the effectiveness of these programs, and without basic information like this, Congress can't ensure that the programs are working around the country.
Mr. Speaker, the taxpayers need to know if their resources are being spent wisely, and that communities are being protected.
There have been numerous cases where individuals were released on pretrial release bonds, and they had a long criminal record, and they commit another offense.
Mr. Speaker, I include in the Record a letter regarding pretrial release programs.
October 27, 2017.
Hon. Bob Goodlatte,
Chairman, House Judiciary Committee,
Washington, DC.
Hon. Charles Grassley,
Chairman, Senate Judiciary Committee,
Washington, DC.
Gentlemen: We are writing to express our strong support for
HR 2152, the Citizens Right to Know Act, sponsored by Rep.
Ted Poe (R-TX). The legislation has been referred to the
House Judiciary Committee.
This legislation is long overdue. It requires pre-trial
release agencies receiving federal funds to report to the
Department of Justice, who participates in their programs,
including participant:
Criminal history, including previous charges filed
Previous failures to appear for trial
Previous and current non-compliance infractions
Currently these pre-trial release programs aren't required
to report any information about the defendants released
through their programs. Basic information on defendants is
neither collected nor reported in any systematic fashion. The
DOJ only collects data from pre-trial release agencies
related to crime rates and trends in the aggregate. It does
not collect data on specific participants and programs. Thus,
there is no mechanism to determine if pre-trial release
agencies are effective in ensuring that defendants adhere to
their pre-trial release requirements or whether these
defendants actually show up for trial.
Without this legislation, policymakers and taxpayers have
no ability to determine the effectiveness of taxpayer-funded
pre-trial release programs. And without such data, hundreds
of federally funded pretrial release programs lack sufficient
accountability to U.S. taxpayers. This lack of accountability
has allowed many repeat and violent offenders to get out of
jail on our tax dollars.
Until the 1960's, principal options for the accused were
ROR (release on one's own recognizance) commercial bail or
incarceration. Commercial bail ensured the appearance of the
defendant in court at no cost to the taxpayer. Pre-trial
release programs began in the 1960's for the purpose of
securing release for indigent, non-violent offenders who
couldn't afford monetary bail.
However, over the last four decades, pre-trial release
programs have expanded well beyond their original scope and
purpose. Today there are over 300 pre-trial release programs
nationwide whose participants routinely include violent and
repeat offenders, many of whom are able post a commercial
bond and have done so in the past. In many instances, the
federal government has become a major source of funding for
pre-trial release programs.
If Congress continues to fund pre-trial release programs,
then Congress must be able to determine the effectiveness of
such programs. Taxpayers deserve to know if their limited
resources are being spent wisely and their communities are
being protected.
We believe swift passage of H.R. 2152 will provide greater
transparency for pre-trial programs, greater accountability
for taxpayer funds, and increased public safety for our
communities.
Sincerely,
Patricia Wenskunas, Crime Survivors; Mark Klaas, Father
of Polly Klaas, Klaas Kids Foundation; Ronald Lampard,
Criminal Justice Reform, Reform Task Force, American
Legislative Exchange Council (ALEC); Jim Backlin,
Christian Coalition; Colin Hanna, Let Freedom Ring; Kay
Daily, Coalition for a Fair Judiciary; Susan Carleson,
American Civil Rights Union; Harriett Salerno, Crime
Victims United; Beverly Warnock, Parents of Murdered
Children; Gary Bauer, American Values; Jim Gilmore,
Free Congress/American Opportunity Foundation; Beth
Chapman, Professional Bail Agents Association; Larry
Cirignano, Children First Foundation.
Mr. Speaker, the Citizens Right to Know Act simply states that if a State or local jurisdiction is going to use Federal money for a pretrial release program, they must report to the Federal Government information on who participates in the program, the criminal records of those individuals, the appearance rate at trial, and the previous failure to appear of those programs.
I also want to be clear that any State or local jurisdiction that does not report this information will lose the portion of Federal funds which they use for pretrial release programs only. Other Federal funds will not be affected that go to, for example, Byrne grants. I just want to clear that up because my friend, Ms. Jackson Lee, mentioned that they are going to lose all Federal funds. No. They just lose the funds that apply to Federal pretrial release programs if they don't report those statistics.
There is some question about the privacy of individuals. If States have a law to protect the privacy of certain persons on pretrial release, this bill does not change that. This bill says that if the State has those privacy laws for individuals, which some do, that is fine. That will not be affected or overruled by this Federal law.
I think that this legislation is necessary to see if these programs are working. If they are working, maybe we ought to expand them. If they are not working, maybe Congress needs to reform the pretrial release program.
This legislation enjoys widespread support. One of those supporters is the National Association of Police Organizations. I include in the Record a letter indicating their support.
National Association of
Police Organization, Inc.,
Alexandria, VA, May 9, 2017.
Hon. Ted Poe,
House of Representatives,
Washington, DC.
Dear Congressman Poe: On behalf of the National Association
of Police Organizations (NAPO), I am writing to you to
express our support for the Citizens' Right to Know Act of
2017, H.R. 2152.
NAPO is a coalition of police unions and associations from
across the United States that serves to advance the interests
of America's law enforcement through legislative and legal
advocacy, political action, and education. Founded in 1978,
NAPO now represents more than 1,000 police units and
associations, 241,000 sworn law enforcement officers, and
more than 100,000 citizens who share a common dedication to
fair and effective crime control and law enforcement.
Each year, millions of dollars in federal grant monies go
towards state and local pre-trial release programs, which
allow accused criminals to await their trial at home, rather
than in jail These programs, which in many cases serve
repeat, dangerous criminals, often operate with little
oversight, putting public safety at risk. Increased oversight
of these programs would decrease the possibility of the
accused committing crimes while on pretrial release or simply
disappearing to avoid facing justice.
The Citizens' Right to Know Act addresses the lack of
oversight of these programs by mandating that federally-
funded pre-trial service agencies publicly report on program
participants, including if they have a history of criminal
behavior, whether they appear for their trail, and whether
they have ever previously failed to appear for trial. As
federal dollars are going towards bailing out criminals, this
Act helps ensure that the accused face justice and our
communities are protected.
We look forward to working with you to pass this important
legislation.
Sincerely,
William J. Johnson,
Executive Director.
Mr. Speaker, I urge support of this so we can know exactly what is taking place with Federal funds that are being used to keep people and let people, as Ms. Jackson Lee pointed out, out of jail without having to use some other type of system. And if it is working, let's expand it. If it is not working, maybe Congress needs to be involved to make sure that people do show up for trial, because that is the whole key of a bond, is to release the person under some type of bond, like a pretrial release bond, but we want them to appear in court.
I had cases in my court where people were released on pretrial release bonds; they would show up for trial. I had cases in my court where they were released on pretrial release bonds, and they are still running loose years later.
We don't know the statistics of who is released and who comes back and who is released who never comes back.
This legislation just wants a report to Congress so we can decide on reforms if necessary in the future.
Mr. Speaker, I thank the chairman for yielding me time.
Mr. Speaker, when a person is arrested and charges are filed, usually, now, in our country, they don't sit in jail waiting to see a judge for weeks or months. They see a judge within 24 hours. They appear in court. The judge sets bail. This is all public record, including the name and what the person is accused of. It is already public record. So it is not something that is new.
The judge sets bail and determines if the person can afford a lawyer or not and appoints a lawyer right then, within 24 hours. I think that is marvelous in our country. I remember the old days when that did not happen.
This idea that we are denying a person's right of privacy, it is public already, people who are charged with crimes.
My friend from Georgia said pretrial release works. It is a proven thing to work. Well, how does he know that? Because he says so? We don't know if it works or not.
Mr. Speaker, in April of 2017, 26-year-old Christian Rogers was walking along the street in New Jersey and he was shot 22 times. His assailant, Jules Black, a 30-year-old from Vineland, New Jersey, had just been arrested 4 days earlier by the State police and charged with possession of a handgun. He was released on pretrial release and had a long criminal record.
Christian Rogers is just one example of a victim who was killed because of the pretrial release program. So I would disagree with my friend from Georgia that it is working. We don't know the statistics.
I told you this earlier when I spoke. I was a judge in Harris County for 22 years. People were released on pretrial release. The very people who are released on pretrial release are the people that my friend from Texas is talking about: people who can't afford a surety bond, people who can't afford any kind of bond.
So pretrial release serves its purpose and it serves it to a specific part of the community, but we need to know if it is working, if these people come back for their day in court or they don't come back for their day in court or if they commit a crime while they are on pretrial release. We don't know the statistics.
All this legislation says is let's audit pretrial release across the country and see if it is working, see if it is not working, see if we can make improvements. That is all it is. It is an audit. It is not denying anybody any rights under the Constitution.
Mr. Speaker, I think the legislation is a good idea. We need to know if taxpayer money is working. I appreciate the extra time the chairman has given me.
Mr. Speaker, that is just the way it is.