[Congressional Record Volume 153, Number 194 (Tuesday, December 18, 2007)]
[Senate]
[Pages S15913-S15914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for Mr. Biden (for himself, Mr. Specter, Mr. Graham 
        and Mr. Cardin)):
  S. 2495. A bill to amend title 18, United States Code, and the 
Federal Rules of Criminal Procedure with respect to bail bond 
forfeitures; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise on behalf myself, Senators Arlen 
Specter, Lindsey Graham, and Ben Cardin to introduce the Bail Bond 
Fairness Act of 2007. This bill will ensure that all defendants, not 
just rich defendants, have access to bail and pre-trial release.
  The Bail Reform Act was meant to ensure the defendant's appearance in 
court. Over the past 2 decades, however, many judges have been 
forfeiting bonds for behavior outside the predictability or control of 
a bondsman. If bondsmen are forced to warrant behavior they can't 
predict or control, they will raise their rates, rendering bonds 
unavailable to many indigent defendants. These defendants will the go 
to jail pending trial, swelling our prison population and draining our 
budget.
  This bill mandates that a bail bond may be forfeited only if a 
defendant fails to appear in court as ordered. Professional bail agents 
would be able to return to the Federal court system to provide bail for 
defendants because bail would not be forfeited for violations of 
conditions that are completely out of their control such as failure to 
maintain employment.
  Let me be clear, this bill does not change a judge's authority to set 
or restrict bail. We're not talking about putting more criminals back 
into the community. A judge still has to determine a defendant's flight 
risk and threat to the community and make a

[[Page S15914]]

judgment regarding pretrial release in terms of bail amount and 
conditions. Violent criminals will--and should--be held in custody.
  Please join us in ensuring that all defendants, regardless of wealth, 
have access to pretrial release in the Federal system.
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