See Center for Media and Democracy's quick summary on last page

Exposed
Search
ABOUT

GO

MEMBERS

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

D I D YOU KNOW? Corporations VOTED to adopt this. Through ALEC, global companies
LOGIN | LOGOUT | HOME | JOIN ALEC | CONTACT

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

EVENTS & MEETINGS

NEWS

Model Legislation
ALEC
EXPOSED

Home

Model Legislation

Public Safety and Elections

Civil Justice

“ALEC” has long been a
secretive
collaboration
Commerce,
Insurance,
between
Big Business and
and Economic
“conservative”
Developmentpoliticians.
Behind closed doors, they
Education
ghostwrite
“model” bills to
be introduced in state
Energy,
Environment,
capitols
across
the country.
and
Agriculture
This
agenda--underwritten
by global corporations-Federal Relations
includes major tax
loopholes
for big
industries
Health and
Human
and
the super rich,
Services
proposals to offshore U.S.
jobs
and gut minimum
International
Relations
wage, and efforts to
Publicpublic
Safety
and
weaken
health,
Elections
safety,
and environmental
protections. Although many
of Tax
theseand
billsFiscal
have Policy
become
law, until now, their origin
Telecommunications
hasand
been
largely unknown.
Information
With
ALEC EXPOSED, the
Technology
Center for Media and
Democracy hopes more
Print
this
Pagethe
Americans
will
study
bills to understand the
Text-Only Page
depth and breadth of how
big corporations
Email this are
Page
changing the legal rules
and undermining democracy
across the nation.

ALEC’s’Corporate Board

Conditional Early Release Bond

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

Summary
This Act would create a means whereby a State can, after conviction, release a
person. The Act would also establish how conditions on the release may be set and
how the private sector may be used in determining whether or not those conditions
are met.

Model Legislation

Section 1. {Title} This Act may be cited as the Conditional Post-Conviction
Release Act.

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

(A) "Releasing Authority" means any State official, State board, or State
subordinate governmental unit having legal authority to release a prisoner onto
probation, furlough or parole.

(B) "Principal" means any person to be released under this Act.

(C) "Surety" means any insurance company licensed under the laws of the state to
execute bonds filed in criminal cases.

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(D) "Bond" means the written undertaking delivered by the surety to the releasing
authority and describing the terms and conditions of surety's duties.

(E) "Conditions" means such conditions as the releasing authority may impose as a
prerequisite(s) to being on release from custody.

(F) "Breach" means any condition of release violated by the Principal.

(G) "Breach penalty" means the amount of money to be paid by the surety to the
state upon the surety's failure to meet the requirements under this Act. The breach
penalty shall be equal to the face amount of the bond. There can be two breach
penalties: (1) An amount of money paid by the surety upon breach of a release
condition and (2) An amount of money paid by the surety if the Principal is not
back in custody within a given amount of time following breach of release
condition.

(H) "Charge" means the amount of money the surety charges to write the bond. In
no case shall the charges be less than ten percent of the aggregate penalty
amounts which charge shall be fully earned when the bond is written.

Exposed

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

(I) "Revocation of bond" means the use and effectiveness of the bond has ceased.
The releasing authority may revoke the bond upon a breach or continue the bond
by nullifying the breach. Or, the bond may be revoked at any time the releasing
authority determines that the Principal is not attempting to abide by the conditions
of the bond.

(J) "Mandatory conditions" mean those conditions the releasing authority must
place upon the Principal as a condition(s) to early release.

Section 3. {Early release on bond.} Upon the decision of the releasing
authority to return an inmate to society. The releasing authority may release a
Principal by requiring the posting of an early release bond by a surety. The
releasing authority may set conditions of release, which conditions shall be
appended to and made a part of the bond. The conditions may, unless otherwise
specified, be any of the following, but are not limited to these conditions and are to
include any conditions imposed by the releasing authority:

(A) The Principal shall be drug/alcohol tested as specified.

(B) The Principal shall take part in specified recovery program(s).

(C) The Principal shall not contact, go about or communicate directly with any
witness (es) involved in Principal's conviction.

(D) The Principal shall not contact, go about or communicate directly or indirectly
with any victim(s) involved in Principal’s conviction.

(E) The Principal shall obtain and keep employment.

(F) The Principal shall be on home arrest via at minimum Global Positioning
Satellite (GPS) monitoring devices approved by the State.

(G) The Principal shall abide by specified travel restrictions.

(H) The Principal shall make all specified periodic restitution payments.

(I) The Principal shall pay specified fines and Court costs.

(J) The Principal shall perform specified community services.

(K) The Principal shall pursue specified education courses.

(L) The Principal shall obtain such education as specified.

(M) The Principal will participate in such family or third part involvement as
specified.

(N) The Principal shall have, as a mandatory condition, that he or she pay the
surety's charge.

(O) The Principal shall have, as a mandatory condition, that he or she personally
report to the surety at such time and in such manner as directed by the releasing
authority and the surety.

Section 4. {Terms of the bond}. The early release bond put up by the surety

Section 4. {Terms of the bond}. The early release bond put up by the surety
shall:

Exposed

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

(A) be for a term of one year, and may be renewed annually;

(B) be in favor of and payable to the State; and

(C) be conditioned that the releasing authority shall:

(1) Give the surety written notice of any breach of condition within 5 calendar days
of the breach.

(2) If within 180 calendar days from date of receipt of written notice by releasing
authority that the Principal has failed to meet one or more of the conditions of
Principal’s early release, the Principal shall have been placed back into custody,
whether by Surety or another, then the bond shall be exonerated.

Section 5. {Penalties paid by the surety} The surety shall pay penalties as
follows:

(A) A breach penalty shall be paid upon breach of a condition by the Principal, and
upon the Principal not being back in custody within the prescribed 180 days.

Section 6. {Surrender of Principal.} At any time after receiving a notice of
breach by the Principal, the Surety may arrest the Principal and surrender him or
her to the nearest county jail. If the Principal is surrendered within 180 calendar
days of receipt of the notice of breach, the bond shall be exonerated.

Section 7. {Severability Clause}

Section 8. {Repealer Clause}

Section 9. {Effective date}

Adopted by the Public Safety and Elections Task Force
December 6, 2008.
Approved by the American Legislative Exchange Council’s Board of Directors
January 14, 2009.

Related Files

About Us and ALEC
EXPOSED.
TheRelease
CenterBond
for Media
and
Democracy
reports on corporate spin and government
Conditional
Early
(Adobe
PDF
File)
propaganda.! We are located inAbout
Madison,
Wisconsin,
and
publish
www.PRWatch.org,
www.SourceWatch.org,
Members
Login
Logout
Events & Meetings
and now www.ALECexposed.org.
For moreTask
information
editor@prwatch.org
608-260-9713.
Model Legislation
Forces contact:
ALEC Initiatives
Publications orHome
Join ALEC

Contact

News

Center for Media and Democracy's quick summary:
This Model Act creates a new revenue stream for the commercial bail-bond industry: in addition to collecting fees "on the front end" (from people who
want out of jail before their hearing date), this Act would allow bail-bondsmen to collect fees "on the backend" (requiring that incarcerated persons pay
bail bondsmen to get out of prison). Various forms of early release programs have been implemented across the country, releasing eligible incarcerated
persons under supervision and with certain conditions. This Act would inject commercial bail-bondsmen into the process. Eligible incarcerated persons
would have to pay bail-bondsmen for their release, and if the person did not comply with the early release conditions, the bail bondsman would have to
track down the person and return them to jail within six months (which does not seem too difficult, as the Act requires that a person have a GPS monitor
attached to them). The only way bail-bondsmen would have to pay the state anything is if the person is not returned within six months. The state still
monitors the person and ensures compliance with the early release conditions. Bail bondsmen appear to serve no necessary purpose in this scheme,
besides to collect money from incarcerated persons who already have limited financial resources.