In the criminal justice system, the time period from the date of an arrest of a suspected criminal until the date of the verdict on the charges can be very dangerous for the victims of the crime, their family and friends, as well as the community.  Weighing against the need to protect our communities against the potential for further criminal activity by a person accused of a crime is the recognition that all people arrested for a crime are presumed to be innocent during the pre-verdict stage of proceedings.  The setting of bail by a judge, then, during this stage of the proceedings, is meant to provide some protection for our communities while also safeguarding the accused’s presumption of innocence.   
 
Bail has been a constitutional right within our criminal justice system since the founding of our nation and our state. Article 1, Section 14, of the Pennsylvania Constitution establishes the right to bail for those accused of crimes so that the accused, who is presumed innocent at this stage, can remain free unless he poses a danger to the community or he poses a risk of not showing for his court proceedings. 
 
There is little consistency and no guidelines for the setting of a bail by a judge in Pennsylvania’s 67 counties.  The unpredictable setting of bail by the courts has also caused significant complaints as to racial, gender, age and income bias.  Therefore, I am proposing legislation that will require the Pennsylvania Sentencing Commission to gather pertinent information from the 67 counties and from across the country to develop fair and consistent bail guidelines to aid the parties and the courts in establishing fair and reasonable bail.
 
Once the Pennsylvania Sentencing Commission develops guidelines for the setting of bail across Pennsylvania, the proposal will be submitted to the General Assembly for their review and consideration.  
 
The proposed legislation is meant to bring fairness and justice to the setting of bail across Pennsylvania so that the accused’s constitutional rights are protected and the victim and the community have confidence that their safety and welfare are at the forefront of the proceedings in our criminal justice system.   I respectfully request your support and co-sponsorship of this critical legislation.
 

Statutes/Laws affected:
Printer's No. 1702 (May 13, 2025): 42-2153(a)(7), 42-8), 42-9), 42-10), 42-11), 42-12), 42-13), 42-16)(i)