54°F
weather icon Partly Cloudy

Supporters of cash bail reform bill bailing on bill

Updated May 28, 2019 - 8:14 pm

CARSON CITY — A cash bail reform bill is finally moving forward in the waning days of the Legislature, but some of the movement’s ardent supporters have all but bailed on the push.

The original omnibus bail reform bill sought to overhaul how bail worked in the state, including a requirement for judges to place the least restrictive bail conditions on those arrested before ordering cash bail. And if bail was ordered, it would have required a hearing within 48 hours.

That proposal was lauded by criminal justice reform advocates as a way to rebalance the scales of bail that disproportionately affects people of color and the poor.

But that bail reform push — which has been amended into Assembly Bill 125 — has been watered down to appease law enforcement, prosecutors and courts wary of such sweeping change, even as some of those groups, including the Clark County district attorney’s office, still oppose it.

And now, even some of those who helped lead the way early on in the session on the push to overhaul the bail system are less certain of their support for the bill going forward.

“Right now as the bill stands, AB125 is a patchwork sort of bill that was amended into something that’s not what we would consider meaningful bail reform,” said Holly Welborn, policy director for the ACLU of Nevada.

The bill has cleared the full Assembly and was heard Tuesday in the Senate Judiciary Committee. During that hearing, even those presenting the bill were cautious about how much it could accomplish at this point.

“I wouldn’t even call this bail reform. I call it a first step,” Clark County Public Defender John Piro, who helped present the bill, said during the hearing.

The amended bill now focuses on allowing people to be arrested, booked and released without a bail hearing for misdemeanor offenses deemed nonviolent.

Robert Langford, a criminal defense attorney in Las Vegas who previously ran unsuccessfully for Clark County district attorney last year, also supported the initial bail reform bill. But on Tuesday, he was on the other side, testifying in opposition.

Langford said Tuesday that for the most part, he supports the legislation, but he opposed the change that allows for people with money to request a different condition for release. Langford said he is worried that such language would allow those with money to ask for bail rather than other release conditions, which he called “unequivocally unconstitutional.”

“The constitution says that all people have to be treated equally,” Langford said. “And if you can come to court and say ‘I’m wealthy, I should be treated differently,’ then clearly that is unconstitutional.”

Some judges express continued concern that the bill’s language isn’t consistent and could tie the courts hands when it comes to considering bail.

Henderson Municipal Judge Sam Bateman told lawmakers Tuesday that the bill in its current form “gets to the point where it’s almost micromanaging the court in its decision.”

Trimming the bill’s language to add clarity and focus is something nearly all sides seem to agree on.

In the absence of a more substantial cash bail overhaul, Welborn said she is hoping the bill gets scaled down to focus on allowing those who are charged with misdemeanor offenses to be released without cash bail.

State Sen. Ira Hansen, R-Sparks, seemed onboard with allowing those accused of committing minor offenses who can’t afford bail being released on their own recognizance, saying the idea “seems reasonable.”

Welborn said, “If it’s going to be a step in the right direction, “let’s take a meaningful step.”

^

Contact Capital Bureau Chief Colton Lochhead at clochhead@reviewjournal.com or 775-461-3820. Follow @ColtonLochhead on Twitter.

Don't miss the big stories. Like us on Facebook.
Politics Videos
Henderson allows immediate sale of alcohol with curbside pickup - VIDEO
The city of Henderson decided Thursday evening to allow alcohol to be sold by restaurants as part of their curbside pickup service during the COVID-19 crisis. (James Schaeffer / Las Vegas Review-Journal)
Sisolak signs order banning any gathering of 10 or more people - VIDEO
Gov. Steve Sisolak on Tuesday signed a new order banning any gathering of 10 or more people in Nevada in another step the state has taken to slow the spread of the new coronavirus. (James Schaeffer / Las Vegas Review-Journal)
Takeaways from the president's daily briefing on coronavirus - VIDEO
RJ Washington correspondent Debra Saunders talks about today's daily White House news conference regarding the coronavirus outbreak, Friday, March 20, 2020. (Renee Summerour/Las Vegas Review-Journal)
Judicial Department 5 Debate - Video
The Las Vegas Review-Journal hosts a debate between the 3 candidates running for Department 5 in Clark County District Court. Participating are Veronica M. Barisich, Terry A. Coffing and Blair Cowan Parker.
Trump cancels Las Vegas trip because of ‘coronavirus outbreak’ - VIDEO
President Donald Trump canceled planned travel to Las Vegas ‘out of an abundance of caution’ amid virus outbreak. (James Schaeffer / Las Vegas Review-Journal)
Trump signs $8.3 billion coronavirus package - VIDEO
President Trump signed a bill providing $8.3 billion in emergency funding to combat the coronavirus outbreaK, Friday, March 6, 2020. (Las Vegas Review-Journal)
Sen. Rosen supports Judge Togliatti - VIDEO
Sen. Jacky Rosen shows her support for Nevada Judge Jennifer Togliatti to be appointed to the federal bench. (Sen. Jacky Rosen)
Sen. Cortez Masto shows support for Judge Togliatti - VIDEO
Sen. Catherine Cortez Masto shows her support for senior state District Court Judge Jennifer Togliatti to be appointed to the federal bench in Nevada. (Sen. Catherine Cortez Masto)
MSNBC’s Chris Matthews resigns following series of controversies - VIDEO
The "Hardball" host announced his departure Monday night, March 2, 2020, effective immediately. The anchor recently came under fire for comparing Sen. Bernie Sanders’ victory in the Nevada caucasus to the Nazi conquest of France in 1940. (Las Vegas Review-Journal)
Candidates file for office in Clark County - VIDEO
Amy Klobuchar drops out of 2020 presidential race - VIDEO
On March 2, campaign officials announced Amy Klobuchar’s decision to suspend her presidential bid. The news comes on the eve of Super Tuesday and just one day after Pete Buttigieg also announced his decision to depart from the race. (Las Vegas Review-Journal)
Activist shouts warnings at Nevada Democratic chairman's home - VIDEO
A Southern California activist and supporter of Sen. Bernie Sanders spent nearly an hour shouting warnings and condemnations of the Democratic Party through a megaphone at the home of Nevada Democratic Party Chairman William McCurdy II on the eve of last week’s presidential caucuses, prompting him to call the police. (Maria Estrada)
The Nevada caucus in photos
Best shots from the Review-Journal photo staff's coverage of the Nevada Caucus, Saturday, February 22, 2020.
Bernie Sanders announces his Nevada caucus win to supporters in Texas
At a rally in San Antonio, Texas, Bernie Sanders announces winning the Nevada Democratic caucus.
Joe Biden addresses supporters in Las Vegas
Joe Biden energizes a crowd of supporters at the IBEW Hall in Las Vegas after the Nevada Democratic caucus.
Tweet highlights from the 2020 Nevada Democratic caucus
Confusion, flaring tempers and misinformed volunteers highlighted Review-Journal tweets during the Nevada Democratic caucus.
Voters comment on Nevada Democratic caucus - VIDEO
Nevada caucusgoers comment on the process from locations across the Las Vegas Valley, Saturday, Feb. 22, 2020. (Las Vegas Review-Journal)
Doolittle Community Center hosts caucuses - VIDEO
The Doolittle Community Center hosted six precincts in one room for the Nevada Democratic caucuses, and voters engaged in debate and discussion about who to lead each precinct, Feb. 22, 2020. (James Schaeffer / Las Vegas Review-Journal)
Desert Oasis High School has wait for caucus check-in - VIDEO
James Strange has been waiting in line to caucus for the first time for 45 minutes and some said they have been waiting for an hour at Desert Oasis High School for the Nevada Democratic caucuses. (Las Vegas Review-Journal)
Conservative guru encourages Republicans to vote in Democratic caucuses - VIDEO
Republican activist Chuck Muth encourages his fellow GOP members to change party affiliation for a day to elect Bernie Sanders. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Nevada Congresswoman Susie Lee at Desert Oasis High School - VIDEO
Rep. Susie Lee, D-Nev., stopped by the Nevada Democratic caucus at Desert Oasis High School in Las Vegas, Saturday, Feb. 22, 2020. (Al Mancini/Las Vegas Review-Journal)
Caucus day in Summerlin - VIDEO
Out-of-state caucus observer Ken Valz speaks about the Nevada Democratic caucuses at Palo Verde High School, Saturday, Feb. 22, 2020. (Las Vegas Review-Journal)
Doors open for Nevada Democratic caucuses - VIDEO
Caucusgoers are lining up Saturday morning to take part in the Nevada Democratic caucuses across the state (Renee Summerour/Las Vegas Review-Journal)
Caucus day at East Last Vegas Community Center - VIDEO
Registration begins at the East Las Vegas Community Center for the Nevada Democratic caucuses, Saturday, Feb. 22, 2020. (Las Vegas Review-Journal)
It’s caucus day in Nevada - VIDEO
Democrats will gather at over 250 locations across the state to declare their presidential preferences in the Nevada caucuses, Saturday, Feb. 22, 2020. (Las Vegas Review-Journal)
Democratic caucus-goers lined up to register at Liberty High - VIDEO
Democratic caucus-goers lined up to register at Liberty High in Henderson, Saturday, Feb. 22, 2020. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Elizabeth Warren holds rally with Julian Castro
Elizabeth Warren held her Get Out the Caucus Block Party with Secretary Julián Castro at the Clark County Government Center Amphitheater.
Trump caps western swing with campaign rally in Las Vegas
President Trump speaks to an enthusiastic crowd of thousands gathered at the Las Vegas Convention Center during a tour across the western United States.
Anti-Trump Protestors at LVCC Rally - Video
President Trump speaks at a Keep America Great rally as a small group of protesters gather outside the Las Vegas Convention Center.
Thousands gather for Trump rally
Thousands showed up for President Donald Trump’s rally Friday morning, forming a line that stretched nearly a quarter mile around the Las Vegas Convention Center.
Trump supporters camp outside the Las Vegas Convention Center
Trump supporters camp outside the Las Vegas Convention Center on Thursday, Feb. 20, 2020, where President Trump will held a rally on Friday in Las Vegas. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
President Trump lands in Las Vegas - VIDEO
Donald Trump landed in Las Vegas on Tuesday, Feb. 18, 2020, as part of a four-day western state swing. (James Schaeffer/Las Vegas Review-Journal)
Long lines during early voting in Las Vegas - VIDEO
The final day of the Nevada Democratic Party’s early presidential caucuses wrapped up Tuesday, as thousands of Democrats lined up at 55 locations around the state for their last shot at filing an early preference card before the traditional caucuses on Saturday. Long lines were seen at CSN Charleston in Las Vegas. (Alexis Egeland/Las Vegas Review-Journal)
Democratic candidates Elizabeth Warren and Tom Steyer talk pay for child care workers - Video
Elizabeth Warren and Tom Steyer talk to care in action about the importance of Medicare for All, paid leave and child care. (Nathan Asselin/Las Vegas Review-Journal)
Election 2020: Nevada Caucus and Early Voting - Video
AARP's Nevada Caucus discussion with Steve Sebelius about the Nevada Caucus and early voting.
Election 2020: Nevada Caucus - Video
AARP's Nevada Caucus Discussion with Steve Sebelius. Join us as we discuss the Nevada Caucus process.
Las Vegas ready to enforce homeless camping ban - VIDEO
Las Vegas police will begin enforcing a controversial camping ban on city streets on Saturday, but officials say they expect to impose the penalties available under the new ordinance only in rare instances. (James Schaeffer / Las Vegas Review-Journal)
Yvanna Cancela Speaks on Supporting Biden - Video
The RJ Politics podcast crew sits down with Nevada State Senator Yvanna Cancela to discuss why she is supporting former Vice President Joe Biden in the 2020 presidential race.
Tom Steyer on Donald Trump and the economy - Video
Tom Steyer joins the RJ Politics podcast to talk about his campaign presence in Nevada and how he plans to take Trump on when talking about the economy. (Las Vegas Review-Journal)
Las Vegas City Council Votes On Homeless Ordinance - Video
The Las Vegas City Council on Wednesday will discuss expanding on a controversial camping and sleeping ban aimed at deterring the homeless from bivouacking on city streets to include hours when public sidewalks are being cleaned.
THE LATEST
Trump says Senate should simply dismiss impeachment case

The Republican president is giving mixed messages ahead of the House’s landmark vote that will launch the Senate proceedings in a matter of days.

Nevada Press Association lauds approval of public records bill

The Nevada Press Association recognized the efforts of several state lawmakers — state Sens. David Parks, Melanie Scheible, Ben Kieckhefer, Jason Frierson — and Gov. Steve Sisolak for their efforts in passing a bill to strengthen the state’s public records laws.