House Passes Wexler Bill to Ensure Fairness for All Federal Defendants
Bill restores equality to poor defendants and reopens federal judicial system to professional bail agents

(Washington, DC) Today, the House of Representatives unanimously passed Congressman Robert Wexler’s (D-FL) Bail Bond Fairness Act. The legislation, of which Wexler is the lead sponsor, will ensure equality and fairness for all federal defendants whether poor or rich and make it possible for bail agents to once again write bonds for defendants in federal courts.

The Bail Bond Fairness Act tackles growing problems in the federal bail bond system created by judges who require bail agents to not only ensure the appearance of defendants in court but also guarantee other conditions beyond the agents’ control, such alcohol consumption and curfew abidance.

As bail bond agents have withdrawn from the federal bail bonds business due to the overly burdensome conditions mandated by judges, lower income defendants, who lack the significant financial resources needed, have become unable to post bail while wealthier individuals accused of crimes have retained that ability. The result is poor defendants remaining in prison at the expense of American taxpayers. Congressman Wexler’s legislation seeks to remedy these problems by allowing professional bail agents to return to the federal court system and mandates that a bail bond may only be forfeited if a defendant fails to appear in court as ordered.

“Poor defendants in federal court are locked out of the bail bonds system while rich defendants post bail without a second thought,” Congressman Wexler said today. “This legislation will allow poor and wealthy defendants access to bail bonds and will return federal bonds to their original purpose – to guarantee the defendant appears in court. Bail agents must be allowed to serve this purpose and cannot be expected to serve as full-time nannies for defendants whom judges determine are safe to be released.”

Under HR 2286, judges remain solely charged with determining when a defendant poses a flight risk or is a threat to the community. “If a suspected criminal is a threat to society, he or she should stay in jail,” said Congressman Wexler.

The Bail Bond Fairness Act has enjoyed strong bipartisan support, with 7 Democratic and 7 Republican cosponsors. Several members of Congress, such as lead cosponsor Rep. Ric Keller (R-FL) and House Judiciary Chairman John Conyers (D-MI), have joined Congressman Wexler as strong advocates of reform in the federal bail bonds system.

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Congressman Wexler is Chairman of the Europe Subcommittee and a senior member of the House Committee on Foreign Affairs and the House Judiciary Committee; and he also sits on the Financial Services Committee.

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