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ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
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• Johnson & Johnson
• Coca-Cola Company
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• Kraft Foods, Inc.
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• Wal-Mart Stores, Inc.
• Salt River Project
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• American Bail Coalition
• State Farm Insurance
For more on these corporations,
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By the Center for
Media and Democracy
www.prwatch.org

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work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
TASK FORCES
ALEC INITIATIVES
PUBLICATIONS
Business has “a VOICE and a VOTE,” according to newly exposed documents. DO YOU?

Model Legislation

Public Safety and Elections

Citizens’ Right to Know: Pretrial Release Act

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Section 1. {Title.} This Act may be cited as the “Citizens’ Right to Know: Pretrial
Release Act.”

Section 2. {Definitions} As used in this Act:

A. “Annual Report” means a report prepared by a Pretrial Release Agency that
accurately summarizes the effectiveness of such agency’s uses of public funds

B. “Non-secured release” means any release of a defendant from pretrial custody
where no financial guarantee is required as a condition of such release.

C. “Pretrial Release Agency” means any government funded program whose
function includes making recommendations for the non-secured release of criminal
defendants or for the release of criminal defendants on the partial deposit of bail
amount.

D. “Register” means a public record prepared by the Pretrial Release Agency
readily available in the clerk’s office of the courthouse which displays the required
data.

E. “Secured Release” means any release of a defendant from pretrial custody
where a financial guarantee, such as cash or surety bond, is required as a condition
of such release.

Section 3. {Public Record.}

A. The Pretrial Release Agency in each county of (State) shall prepare a register
displaying information regarding the cases and defendants who are recommended
for release by such agency. The register shall be located in the clerk’s office of the
court in which the Pretrial Release Agency is located and the register shall be
readily available to the public

B. The register shall be updated on a weekly basis and shall display accurate
information regarding the following information for each defendant whose nonsecured release was recommended by the Pretrial Release Agency:
1.
2.
3.
4.
5.
6.

the charge against the defendant;
the nature of any prior criminal convictions against the defendant;
any court appearances required;
missed court date;
bench warrants issued; and,
instance of program non-compliance.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

Section 4. {Annual Report.}

A. Prior to the end of the first quarter of each calendar year, every Pretrial Release
Agency in each county of (State) shall submit an annual report to (Applicable State
Office) for the prior calendar year.

B. The annual report shall contain but not be limited to the following information:
1. the complete operating budget of the Pretrial Release Agency;
2. the number of personnel employed by the Pretrial Release Agency;
3. the total number of release recommendations made by the Pretrial Release
Agency.;
4. the total number of cases reviewed by the Pretrial Release Agency;
5. the total number of cases in which non-secured release was denied by the
Pretrial Release Agency.;
6. the number of defendants released on non-secured release after a positive
recommendation by the Pretrial Release Agency;
7. the average period of time the defendant is incarcerated before being released
on recommendation by the Pretrial Release Agency (These statistics should be
classified as felonies and misdemeanors);
8. the total number of cases where the defendant was released on a non-secured
release after a positive recommendation by the Pretrial Release Agency and
the defendant had at lease one missed court date within one year of the date of
release;
9. the total number of cases where a defendant was released on a non-secured
release after a positive recommendation by the Pretrial Release Agency and a
bench warrant was issue by the court on the defendant’s failure to appear on a
non-secured release;
10. the total number of cases where a defendant was released on a non-secured
release after a positive recommendation by the Pretrial Release Agency and a
bench warrant was issue by the court but remained unserved after one year;
and
11. the total number of cases where a defendant was released on a non-secured
release after a positive recommendation by the Pretrial Release Agency and a
warrant was issued for the defendant after his or her release for additional
criminal charges within one year.
12. total number of cases where a defendant was released on a non-secured
release after a positive recommendation by the Pretrial Release Agency and
the defendant was arrested on a new offense while on release under the
Pretrial Release Agency’s recommendation.
C. The annual report shall also contain an accounting of the percentage of the
Pretrial Release Agency’s annual budget which is allocated to steering defendants
eligible for secured release toward obtaining their own release through nongovernment sponsored programs.

Section 5. {Preparation of the Register and Annual Report.} Every Pretrial
Release Agency shall prepare the register and annual report out of their existing
budgets, and no additional government funds shall be made available for the
production of these items.

Section 6. {Sanctions For Noncompliance.} If the chief judge finds that the
pretrial release program has not maintained the register or filed an annual report
as required by Section 5, the chief judge shall:

1. For a first occurrence of noncompliance, require the pretrial release program
immediately to prepare a written report explaining the noncompliance and
what measures will be taken to bring the program into compliance and the date
by which the noncompliance will be corrected.
2. For a second or subsequent occurrence of noncompliance, order the pretrial
release program to show why it should not be sanctioned for its continued
noncompliance.If pretrial release program cannot justify the continued
noncompliance, the chief judge may order the program to reduced its budget by
25 per cent if it is a pretrial release program receiving public funds, and if the
pretrial release program is a private entity, suspend further agency operation
until full compliance is demonstrated.

Section 7. {Severability Clause.}

Section 8. {Repealer Clause}

Section 9. {Effective Date}

Adopted by the Criminal Justice Task Force on July 31, 2008.
Approved by the ALEC Board of Directors on September 11, 2008.

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Center for Media
and Democracy's
quick summary:
This Act is part of the commercial bail-bond industry's effort to suppress alternative pre-trial release programs that don't involve persons accused of
crimes making non-refundable payments to a bail-bondsman. When an accused person is offered bail, he or she is released from jail by paying 10% of
that amount to a bail-bondsman. Many states, counties, and courts have been exploring alternative pre-trial release options that don't require the
accused to make a payment, such as those that include supervised release and efforts that include necessary drug, alcohol, or social interventions. This
Act would impose new reporting burdens on pre-trial release agencies, with severe legal penalties for non-compliance; it also requires the release of
statistics that the bail-bond industry will likely use to attack the pre-trial release programs. It should be noted that similar reporting requirements are not
imposed on the bail-bonding industry.