By JAN LARSON McLAUGHLIN
BG Independent News
The latest efforts to reform Ohio’s bail system will put domestic violence survivors at risk, according to victim advocates.
The state’s bail system needs reform, said Kathy Mull, director of The Cocoon, which provides services for local survivors of domestic violence and sexual violence. Thousands of people who have not been convicted of crimes are sitting in Ohio jails because they cannot afford bail.
“We’re not opposed to bail reform,” Mull said. “There are definitely things that need to be changed.”
But the changes proposed in House Bill 315 and Senate Bill 182 are not the answer, she said. While proponents of the bail reform bills say the changes will ensure that dangerous people will not be released – the provisions of the laws show otherwise, Mull said.
If the bills become law, anyone charged with misdemeanor domestic violence offenses must be released within 72 hours.
“That raises quite a bit of safety concerns for us,” Mull said. “Almost all domestic violence cases are misdemeanors.”
Mull believes each case should be considered on an individual basis. In Ohio this past year, 131 people died due to domestic violence, a 20% spike over the previous year, according to the Ohio Domestic Violence Network. According to the YWCA of Northwest Ohio, a woman is battered every 15 seconds in the United States.
“This is painting one big broad stroke” that will release serious domestic violence offenders with all other misdemeanors, Mull said.
Under the bills, judges would be authorized to release defendants without holding a hearing except for limited circumstances – such as repeat sex offenders or if the victim is a family or household member and has injuries, if a weapon was used, or if the officer made a credible threat determination in the report.
In these cases, there must be a hearing and then the defendant must be released, regardless of the dangers they pose.
“That creates large safety risks for survivors,” Mull said. “Most offenders cycle right back home.”
According to Mull, the proposed bills are contradictory to two existing Ohio laws protecting victim safety.
Amy’s Law, passed in 2005, toughened the requirements for granting bail to people accused of domestic assault or violation of a protection order. Amy’s Law was named for Amy Rezos, who pushed for tougher penalties for first-time abusers after her husband shot her twice in the head in Butler County. He was out on bail after beating her two weeks before.
Amy’s Law requires a judge to consider 10 risk factors, including whether the offender has a history of domestic violence, mental health and substance abuse issues, and the severity of the offense.
The proposed bail reform bills prevent courts from considering these factors and from issuing a protection order as a condition of pretrial release.
Marsy’s Law, a constitutional amendment passed in 2017, guaranteed victims the right to be present and heard from at public proceedings regarding release of the accused.
The new bills do not ensure a domestic violence victim has the opportunity to explain to a judge how dangerous the abuser may be to them or the community.
“We’ve got to think about public safety at the same time,” Mull said.
The language in the proposed bills reads that even if the judge determines the person charged with misdemeanor domestic violence is dangerous, their release is still required, removing discretion of the trial court in these instances.
“There’s no provisions for protection of the victims,” Mull said. “We’ve just increased risks for survivors.”
Mull also worries that the changes will have a “chilling effect” on domestic violence survivors reaching out to report their abuse. If they know their abusers will automatically be released in 72 hours, they may fear calling law enforcement, she said.
