Chairperson Humphries opened the Hearing on HB2611.

Jason Thompson, Office of Revisor of Statutes, presented the Bill Brief.  (Attachment 2)

Proponents:

Representative Laura Williams, 30th District, testified that the core of our current bail system is a simple principle: bail exists to reasonably ensure a defendant appears in court. The bill makes sure signature bonds are limited to those who truly qualify. In short, this bill brings Kansas back to the fundamentals: making bail decisions that actually protect our communities and ensure that people show up in court. It brings needed balance and consistency to an area of law that impacts us all.  (Attachment 3)

Shane Rolf, Executive Vice President, Kansas Bail Agents Association testified that a Personal Recognizance (PR) bond has many different names in the country. Whatever name is used, a PR bond is the decision of the judge to release a defendant back into the population on nothing that ensures they will reappear to answer the charges against them. Mr. Rolf shared examples of people convicted of serious crimes who were out on a PR bond, but then committed another very serious crime. The Bail Agents Association supports this bill for surety bail, ensuring court appearances and lower recidivism.  (Attachment 4)

Mr. Rolf stood for questions.

Opponent:

Jennifer Roth, Attorney at Law, testified that HB2611 would drastically change the law relating to recognizance bonds, in fact would result in a small number of people even qualifying for one. This would cause impacts that county jails and the justice system are not prepared to handle. The current law has been in place for over 40 years. She pointed out that regardless of the current considerations available to a court when looking at conditions of release, because of the way K.S.A. 22-2804 refers back to K.S.A. 22-2802 this bill would ban all of those considerations. She pointed out that the fiscal note may not take into account the total effect of this bill without getting input from the agencies who actually deal with collection of bonds. This bill does not distinguish between people who have been charged and people who have been convicted. No one could get out of jail until money bonds are paid.  (Attachment 5)

Ms. Roth stood for questions.

Chairperson Humphries excused herself and turned the meeting over to Vice Chairperson Williams.

Vice Chairperson Williams drew attention to the Opponent Written Only testimony:

Logan DeMond, American Civil Liberties Union of Kansas  (Attachment 6)

Vice Chairperson Williams closed the Hearing on HB2611. 

Post-Meeting Note:  Per a request from a Committee member, The Pretrial Justice Task Force report to the Kansas Supreme Court, November 6, 2020 was located and posted for public viewing.  (Attachment 7)