By editorial board • 

Reform rooted in evidence, but that won't quell criticism

When Senate Bill 48 goes into effect today in Oregon, it will essentially take a bail reform model developed here in Yamhill County statewide.

Our county was one of just a handful chosen more than a decade ago to participate in a federal evidence-based decisionmaking initiative. Key partners included the sheriff, district attorney and presiding circuit judge, but all elements of the criminal justice system were invited into the collaboration.

One of its more heralded outcomes was a pre-trial release system based not on financial means, but on likelihood of appearing as scheduled, staying out of trouble in the meantime and adhering to conditions specific to the case. It relied on a specially trained pre-trial release officer armed with a trove of data on what worked when, where, why and how. 

“Reduction in the use of money to secure release is an essential matter of fundamental fairness,” District Attorney Brad Berry argued in a recent commentary. “The ability to be released should not be dictated by the advantages or disadvantages of one’s financial condition.”

But even though the change figures to be far more jarring in counties new to the idea, local criminal justice officials are bracing for backlash. And judging from recent comments on our online forum, posted amid a public information push featuring an array of news stories and commentaries, that seems a safe bet.

Castthefirststone advocated in a recent post: “Stop catering to criminals and juvenile delinquents and drug addicts. Start incarcerating attorneys and prosecutors and judges that let slimeballs off the hook. They share equally in the crimes committed.”

When a teen accused of causing high-speed havoc on Highway 18 was released pending trial, David Wall asserted: “These acts alone should have had Mr. Delaney remanded to jail, without bail, pending trial. There is no deterrence for criminal conduct.”

Macgreg chimed in, “This is a felony and he gets released? Total BS.” Joel R responded, “Why didn’t he go to jail?”

The problem is, even though Yamhill County has pioneered the development of a sophisticated risk-assessment tool, it cannot predict future behavior with total accuracy.

“Is it perfect?” Berry asked. “Of course not.”

But is the sheer ability to post cash bond a better indicator? Not on your life. And that’s the fallback alternative.

Some would have us simply jail everyone pending trial — or at least everyone charged with an offense of particular severity. Well, we’ve been there and done that. 

Unfortunately, it costs a boatload of taxpayer dollars to keep an accused person for waits that can extend from months into years. And it can easily cost many times as much to cope with the collateral damage of lost jobs, shattered families and broken relationships.

When it comes to citizens still enjoying the presumption of innocence, arbitrary jailing violates the cherished American standard of equal treatment for all. 

The decision to detain should be based on trained consideration of valid evidence. It should never be based simply on the ability to pay.

We think Berry got it right when he said: “As a community, we should embrace the goal of reducing pre-trial detention. If we are vigilant in making sure victims are heard and all relevant information is weighed, we can ensure our community remains safe while still honoring the presumption of innocence of those being charged with crimes.”

While we’re at it, we should commend the leaders of our local criminal justice system for leading the way.

Comments

David S. Wall

From a previous article;

"By News-Register staff • June 17, 2022
Teen driver charged in Highway 18 DUII crash

A Beaverton teenager faces multiple charges following a single vehicle crash east of McMinnville on Highway 18 Saturday, June 11.

The Oregon State Police gave this account:

About 3:30 a.m., Noah Christian Delaney, 19, was driving a Mitsubishi Lancer eastbound at a recorded speed of 89 mph.

Trooper Christopher Knudson said as the vehicle passed him, it accelerated and began aggressively passing vehicles in the oncoming travel lane.

He turned around and found the vehicle had crashed a short distance to the east. Delaney lost control on wet pavement and slammed into a guardrail before coming to rest in a field.

In addition to the driver, the vehicle was occupied by a 17-year-old female, 19-year-old male and 20-year-old female from Milwaukie, Beaverton and Portland. No one was injured.

Delaney, whose blood alcohol content was .04, was charged with three counts of recklessly endangering another person and driving under the influence of intoxicants. He was cited and released."

*From the 'Editorial', "...When a teen accused of causing high-speed havoc on Highway 18 was released pending trial, David Wall asserted: “These acts alone should have had Mr. Delaney remanded to jail, without bail, pending trial. There is no deterrence for criminal conduct...”

***I also stated (but, the NR decided to cut this out), "...Mr. Delaney should really 'Thank God' for the rest of his life that no one was killed and or injured. Personally, HWY 18 is too dangerous to travel even in the daytime...."

'Misrepresenting' the 'facts' as 'havoc' to fit an intentional editorial narrative is 'yellow journalism'.

David S. Wall

David S. Wall

*Now to [SB 48], the 'Text' of which is found here:

https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB48/Enrolled

*The 'Overview' of [SB 48], (if you don't want to read the 'Text') is found here:

https://olis.oregonlegislature.gov/liz/2021R1/Measures/Overview/SB48

*From the Editorial, "... When Senate Bill 48 goes into effect today in Oregon, it will essentially take a bail reform model developed here in Yamhill County statewide..."

The 'Local Public Safety Coordinating Council (LPSCC)' a recognized Yamhill County Commissioner committee, has been (and continues to be) an integral participant in the concoction of [SB 48].

*LPSCC Membership is below:

https://www.co.yamhill.or.us/sites/default/files/Local%20Public%20Safety%20Coordinating%20Council%20%28LPSCC%29.pdf

**Last LPSCC Agenda:

https://www.co.yamhill.or.us/sites/default/files/LPSCC%20Meeting%20Agenda%205.25.22.pdf

***Note: The 'last' meeting was held: (Thursday; May 5, 2022 @ 4:00 p.m.). There are 'No' minutes or recordings posted for public review.

The only minutes I have found within the past two(2) years are found here:

https://www.co.yamhill.or.us/sites/default/files/LPSCC%20Meeting%20Minutes%2010-6-21.pdf

https://www.co.yamhill.or.us/sites/default/files/LPSCC%20Meeting%20Minutes%2010-6 21%20%28002%29.pdf

*The work by county officials and taxpayer monies expended for the assistance in creation of [SB 48] and now the experimental implementation is worrisome.

How many taxpayers-better yet, 'Voters' were adequately informed to give input into the pursuit [SB 48]?

Several 'Non-profit corporations' stand to handsomely profit through local implementation of [SB 48].

David S. Wall

Lulu

I would never vote for anyone who uses the term "monies." It sends chills up my spine. It gives me the willies. Another guy who can't change a tire.

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