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own recognizance, or on terms other than
money, bail, or collateral, and second, to
make the provisions of section 5.11 con-
sonant with a proposal or recommendation
to be submitted to you by the Committee
on Personal Rights and the Preamble,
which would grant a right of pre-trial re-
lease, conditioned only upon such terms as
are necessary to secure the appearance of
the accused before the court.
I understand that Delegate Mudd was
asked a question as to whether the provi-
sions of section 5.11 and the use of the
word "bail" would permit the commis-
sioners to release people on terms other
than money bail, and that it was his opin-
ion and that of the Committee that the
word would suffice. However, I am con-
cerned that it will not do so, and in any
event feel that the substituted words will
suitably fit the power which is intended
to be conferred.
My concern over whether the word
"bail" will suffice is apparently shared by
the General Assembly of Maryland be-
cause in the 1965 session it was found ad-
visable, if not necessary, to specifically
grant to the courts the authority to release
defendants on their own recognizance, and,
of course, these courts have had the power
to fix money bail. That was accomplished
in Article 27, section 638-A, passed in the
1965 session. It is my further understand-
ing that the Legislative Council will rec-
ommend to the next session of the General
Assembly legislation implementing the
right of an accused to pre-trial release, so
that the change suggested by this amend-
ment would, I think, very adequately in no
larger number of words cover the situa-
tion. Instead of the word "bail," we would
use the words, "terms of pre-trial release/'
which would encompass not only the post-
ing of money bail through a professional
bondsman, but also the release of the ac-
cused on his own recognizance or under
such other terms as the commissioner may
find are reasonably necessary to secure his
appearance before the court.
I am sure this Committee of the Whole
shares with me the concern that people will
be physically incarcerated in lieu of the
money bail, and I understand further that
there are many parts of this State in which
the services of a professional bail bonds-
man are not readily available, even where
the accused has the wherewithall to pay
for cash bail.
For those reasons, I strongly suggest
that the amendment be adopted and that
the word "bail" be eliminated from the
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powers of the commissioners, and inste£
that they be given the broader power
set terms of pretrial release any time re
sonably calculated to secure the presen
of the accused before the court, as require
THE CHAIRMAN: Delegate Bothe, t
Chair is uncertain. Are you suggestii
that your amendment be modified so that
reads, strike out the words "bail, colla
eral."
DELEGATE BOTHE: May I read tl
wording as it would be if the amendme
were adopted?
THE CHAIRMAN: Yes.
DELEGATE BOTHE: "Commissione
may exercise powers only with respect '
warrants of arrest, terms of pretrial r
lease, or incarceration pending hearing, ar
then only as prescribed by rule."
THE CHAIRMAN: Then the print(
motion should be modified in line 2, to stril
out, in addition the words "collateral" ar
"bail," which were inserted by modificatic
of the committee recommendation.
Is there any objection to the modifies
tion of the amendment by interlineation?
The Chair hears none.
Will you please modify line 2 as follows
before the word "collateral" and after t\
quotation mark, insert the word "bail,".
In other words, the effect of the amem
ment is to strike out the words "bail, co
lateral and", and to substitute the languag
indicated in lines 4 and 5.
Delegate Mudd.
DELEGATE MUDD: Mr. Chairmai
Delegate Bothe has correctly stated the ir
tent and the purpose of the majority r(
port in this regard, and I did indicate a
some point, I believe, in answer to a quej
tion that we proposed to be implicit in th
language of our recommendation that th
commissioners do have the power with re
spect to terms of pretrial release. In fac'
the word "bail" we thought carried sue
authority. However, I have not had
chance to check this with all members o
my Committee, but it is my disposition t
concur in the amendment by making th
language explicit in the manner we in
tended, and I do so concur on behalf of th
Committee, unless some member wishes t
rise in opposition.
THE CHAIRMAN: Does any member o
the Committee wish to speak in oppositio]
to the amendment?
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