Lawmaker renews effort to reform cash bail

MONTGOMERY — Rep. Chris England, D-Tuscaloosa, reintroduced a bill to reform Alabama's cash bail system, which he says has benefitted the bail bondsman industry at the expense of "judges, prosecutors, defendants and the accused."

The bill, House Bill 42, would allow for a court clerk, at their own discretion, to accept a lesser amount of the cash bail amount set by a judge for an accused individual to be released.

The practice of accused individuals being released after paying only a portion of the set bail had been in practice in Alabama for decades until recent laws, such as House Bill 547 in 2021, or Aniah's Law, enacted as a constitutional amendment in 2022, placed additional restrictions on how accused Alabamians could be released on bail.

"There's so much work we need to do in bond reform," England told Alabama Daily News Monday.

"Trying to create a code of ethics for them … we haven't increased the fees associated with any of their activities since we created the Bail Bond Act years ago, so I think we owe it to ourselves to focus on reforming that system, so it operates effectively."

England's bill passed out of a Senate committee this past legislative session but failed to make it out of both chambers of the Legislature. It saw opposition from the bail bondsman industry, with Chris McNeil, president of the Alabama Bail Bond Association and owner of Outlaw Bail Bonds in Mobile, arguing that the bill would lead to an increase in crime.

McNeil stood by that position when speaking to ADN recently, arguing that crime has increased in states where similar bail reforms have been tried. He also said that the bill would likely harm Alabama's bail bondsman industry financially.

"Just like any other business, if you're losing a customer base it affects a business, no matter what type of business it is," McNeil told ADN. "The customer base for bail bondsmen is anybody that's been arrested or anybody that may be arrested."

While unsuccessful for two consecutive legislative sessions, England said that he had renewed hope of success this year.

"I do (see things going differently this year)," England told ADN. "I think there is some initial support for the bill; it's a really simple fix to a pretty large problem that was created by an amendment to the Bail Bond Act a couple years ago."

England also fired back at the bail bondsman industry for their opposition to the bill given the precedent that had existed in the state for decades that allowed for the accused to be released after paying only a percentage of the set cash bail, as well as for the practice of some bail bondsman to escape financial accountability as it relates to the accused not showing up for court appearances.

"There are a few exceptions, but in most situations, (bail bondsmen) will come to court and say, 'if you force us to pay, you'll put us out of business,' or we have some extreme circumstances where the bonding companies are using contract law to get out of their obligations," he said.

"So, for us as policymakers, it makes more sense for us to put that money to better use for the court system, for victims, and for the accused, versus trying to figure out a way to make sure that a private company can continue exploiting those in the worst situation in their lives."

England's bill is first set to be reviewed by the House Judiciary Committee. The 2025 legislative session begins Feb. 4.