The state of South Dakota is bucking the trend to try to get rid of cash bail. According to an article in the Daily Republic: local officials believe that there is enormous value in the current bail system and are not willing to get rid of what’s working. In South Dakota, the price of a bond is “typically affordable for most people” according to the owner of Speedy Release Bail Bonds. Law enforcement rarely has to be called to track down a fugitive as bail bond agents can usually locate family members to bring the defendant back to court. Lederman argues that bond agents serve a crucial role in ensuring defendants show up for all court dates. More than that they create a network between them and the family. They are there to hold defendants accountable. E. Steeves Smith, a public defense attorney agrees that the way bail is handled in South Dakota is working.
Bail is set by judges and can be reassessed at a bail review hearing. Judges will often take into consideration whether or not a defendant is likely to show up at future court appearances, the circumstances of the case, and their prior criminal history. A transition to a risk assessment program eliminates a judge’s decision-making power. It could miss certain things that a judge would know. A computer program could never look a defendant in the eye or be able to read a defendant’s body language. Furthermore, most proposals to end cash bail come at a great expense to tax payers. Most proposed legislation does not even lay out an appropriate budget (one of the reasons it failed to pass in California). Given the potential costs and proposed risks to public safety, maybe more states should consider what’s working in South Dakota.