[Congressional Record Volume 155, Number 32 (Tuesday, February 24, 2009)]
[Extensions of Remarks]
[Page E317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         CONF. REPORT ON H.R. 1

                                 ______
                                 

                               speech of

                              HON. TED POE

                                of texas

                    in the house of representatives

                       Friday, February 13, 2009

  Mr. POE of Texas. Mr. Speaker, the Stimulus bill we're voting on 
today is supposed to stimulate business and create jobs. However, one 
provision of the bill will do just the opposite. Title II of the 
Conference Report on H.R. 1, under the Office of Justice Programs, 
State and Local Law Enforcement Assistance, provides $2 billion in 
Byrne Justice Assistance Grants (JAG). This funding is frequently used 
by local government agencies to fund pretrial release for criminal 
defendants. The problem is that it's at taxpayer expense.
  When a defendant is given a pre-trial release bond or personal 
recognizance bond, he is released on his own recognizance. For example, 
a bond may be set at $10,000, and the defendant is released on his 
promise to return based on his ``word'' alone. If the defendant does 
not return, the sheriff has to go find him. The taxpayers are usually 
out $10,000 because judgments are seldom obtained from defendants for 
failure to appear.
  On the other hand, when a surety bond is used, the court enters into 
a contractual agreement with a bonding company. The defendant also 
makes an agreement with the bonding company, and pays the company 10%. 
Then the defendant is released with the understanding that the bonding 
company will pay the court $10,000 if the defendant does not show up. 
Plus the bonding company is obligated to go and look for the defendant 
if the defendant does not appear in court. This form of free enterprise 
takes taxpayers off the financial hook.
  Mr. Speaker, by allowing taxpayer money to go to pretrial release, 
the free enterprise system is greatly hindered. Instead of providing 
jobs, jobs are taken away from the private sector--namely the bonding 
and insurance community.
  As a former judge, I found that defendants released on pretrial bonds 
seldom reappeared in court. With surety bonds, however, they were much 
more likely to show up because they had a vested financial interested 
in appearing. Plus, the bondsman looks for defendants who fail to 
appear.
  During my 22 years as a criminal court judge, I saw how if left 
alone, the free enterprise system guarantees the best result. By 
allowing private enterprise to take part in the process, people are 
held accountable, and taxpayers are protected.
  Mr. Speaker, this so-called ``Stimulus'' bill will not stimulate the 
economy with jobs. It will only further stifle the free enterprise 
system, take jobs, and will leave taxpayers with the bill. This is just 
one of many examples of flaws in this bill.

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