New law requires bail for jail release

• By KIMBERLY VETTER
• Advocate staff writer
• Published: Aug 27, 2008 - Page: 11A - UPDATED: 12:05 a.m.

• Print
• Email
• Save
• Reprints
• Twitter
• Share

• Del.icio.us
• Digg
• Facebook
• Reddit
• 

A new Louisiana law that went into effect earlier this month stops people accused of certain violent crimes from being released from jail without posting bail.

The law, passed during the 2008 regular legislative session, states that “the court shall not release any defendant (arrested for a crime of violence) on his own recognizance or on the signature of any other person without posting bail.”

A person is released from jail on his own recognizance by merely promising to show up in court, state law says. Someone is released from jail on the signature of another person when that person promises that the accused will attend his upcoming court dates, state law says.

Neither of these instances requires anyone to put up property or pay a bondsman, Louisiana law says. But special conditions, such as gaining employment or regular drug testing, can be added by the judge who sets the bond.

“It sends an awful message if someone commits a crime of violence and they get to walk out of jail with their own signature,” said state Rep. Cedric Richmond, D-New Orleans. “The clear intent of this law is that you want the bond to correlate to the severity of the crime.”

Richmond authored House Bill 28, which passed the legislative session without dissent.

“In New Orleans, we were having a problem with people being released on their own recognizance and that is not a policy or practice that is productive in fighting crime and keeping violent criminals off the street, even with the presumption of innocence,” he said.

“We don’t want to punish anyone before they are convicted,” Richmond said. “However, when it’s a crime of violence and it’s of a serious enough nature, you want to make sure that the person is going to come back to court and that they realize the seriousness of the charge.”

A recent case in East Baton Rouge Parish that included a signature bond involved the son of state Rep. Regina Barrow, D-Baton Rouge.

James G. Barrow Jr., who is accused of killing a church musician March 15 and was booked on a count of principal to second-degree murder, was released from prison in June on a $100,000 personal surety, or signature bond.

State District Judge Janice Clark, who primarily hears a civil docket, set the bond. But she revoked it five days later after Barrow failed a drug test, and sent him to back to jail.

A few weeks after that, state District Judge Richard Anderson tripled Barrow’s bond, setting it at $350,000. Barrow was released three days later.

James Barrow’s family put up money and property to meet Anderson’s bond obligations.