Maryland's 2017 Bail Reform is Ineffective in Baltimore City Due to the Frequency of "No Bond" Judgments.

Introduction

Maryland’s 2017 bail reform is ineffective in Baltimore City due to the frequency of “no bond” judgments, which deny bond for pre-trial release. In February 2017, the Maryland Court of Appeals (now the Maryland Supreme Court), changed its pre-trial bail standards by adopting Rule 4-216.1.

Maryland Rule 4-216.1 Pretrial Release Standards:
“permit[s] the release of a defendant pending trial except upon a finding… that, if the defendant is released, there is a reasonable likelihood that the defendant (i) will not appear when required, or (ii) will be a danger to [others]. If such a finding is made, the defendant shall not be released.”

The primary purpose of the rule is “to promote the release of defendants on their own recognizance or, when necessary, unsecured bond.” Md. Rule 4-216.1(b)(A). “[A]dditional conditions, with strict for preference for non-financial considerations, should be imposed on release only if individual circumstances demonstrate the need to ensure appearance at court proceedings, to protect the community, victims, witnesses, or any other person and to maintain the integrity of the judicial process. Id. Judges and commissioners were provided a Letter of Advice for bail determination, recommendations provided post rule rule change. See appendix for more details.

Based on data trends from July 2016 to June 2023, Held on Default of Bond (Held on Cash Bail) decreased in population percentage and Released on Own Recognizances increased in population percentage after 2017 bail reform. However, the pretrial populations increased due to the percentage of those held without bond inceasIng.Please See Appendix for more detail on each data point.

Time Series Graph

Figure (1)

Figure (2)