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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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EVENTS & MEETINGS

“ALEC”
has long been a
NEWS
secretive collaboration
between
Big Business
and
Model
Legislation
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
capitolsDevelopment
across the country.
This agenda--underwritten
Education
by global corporations-includesEnergy,
major Environment,
tax
andfor
Agriculture
loopholes
big industries
and the super rich,
Federal Relations
proposals to offshore U.S.
jobs and
gut minimum
Health
and Human
Services
wage, and
efforts to
weaken public health,
International
safety, and
environmental
Relations
protections. Although many
Safety
and
of thesePublic
bills have
become
Elections
law, until
now, their origin
has been
largely unknown.
Tax and Fiscal Policy
With ALEC EXPOSED, the
Telecommunications
Center for
Media and
and Information
Democracy
hopes more
Technology
Americans
will study the
bills to understand the
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depth and breadth
how
big corporations
are
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changing the legal rules
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and undermining
democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
ALEC INITIATIVES
PUBLICATIONS
Business has “a VOICETASK
and aFORCES
VOTE,” according
to newly exposed
documents. DO YOU?

MODEL LEGISLATION

Model Legislation

Public Safety and Elections

Did you know the
NRA--the National
Rifle Association--

Crimes With Bail Restrictions Act

was the corporate
co-chair in 2011?

Summary: The purpose of this act is to enhance public safety. The Bureau of
Justice Statistics has shown that defendants released on unsecured bonds were
the most likely not to show and thus end up as fugitives. Around 60% of those
arrested on a felony charge are released pending trial either by means of
commercial bail or by other less effective methods. In turn, about one third of
these released defendants will be rearrested for a new offense. The data also
shows that re-arrest rates are highest for those released on their own
recognizance (ROR). Because of this and in order to enhance public safety,
courts should increase the use of surety release and backtrack on the number of
ROR’s, especially for more serious crimes. The act would prevent those more
inclined to commit crimes from being released except on a surety bond. BJS
studies also show that those released via the surety bond are less like to fail to
appear and while awaiting trail less likely to commit additional crimes.
Section 1. {Posting of bail for crimes with bail restrictions}
(a) As used in this section:
“Crime with bail restriction” means a felony of the first or second degree
charged under any of the following sections:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)

Murder
Manslaughter
Kidnapping
Sexual Assault
Robbery
Carjacking
Arson and Related Offenses
Causing or risking Widespread Offenses
Burglary
Theft by Extortion
Endangering the Welfare of Children
Resisting Arrest; Eluding Law Enforcement Officer
Escape
Corrupting or Influencing a Jury
Possession of Weapons for Unlawful Purposes
Weapons Training for Illegal Activities

“Crime with bail restrictions” also includes any first or second degree drugrelated felonies under [relevant section/title of state code] and any first or
second degree racketeering felonies under [relevant section/title of state code].
(b) Subject to the provisions of subsection c. of this section, a person charged
with a crime with bail restrictions may post the required amount of bail only in
the form of:
(1) Full cash
(2) A surety bond executed by a corporation authorized under [relevant title of
state code], or
(3) A bail bond secured by real property situated in this State with an
unencumbered equity equal to the amount of bail undertaking plus $20,000.
(c) There shall be a presumption in favor of the court designating the posting of
full United States currency cash bail to the exclusion of other forms of bail when
a defendant is charged with an offense as set forth in the subsection a. of the
section and:
(1) has two other indictable cases pending at the time of the arrest; or
(2) has two prior convictions for a first or second degree felony or for a violation
of section [relevant section] or any combination thereof; or
(3) has one prior conviction for murder, aggravated manslaughter, aggravated
sexual assault, kidnapping or bail jumping; or
(4) was on parole at the time of the arrest, unless the court finds on the record
that another form of bail authorized in subsection b. of this section will ensure
the defendant’s presence in court when required.

the defendant’s presence in court when required.
(d) When bail is posted in the form of a bail bond secured by real property, the
owner of the real property, whether the person is admitted to bail or a surety,
shall file an affidavit containing:
(1) A legal description of the real property;
(2) A description of each encumbrance on the real property;
(3) The market value of the unencumbered equity owned by the affiant as
determined in a full appraisal conducted by an appraiser licensed in the State of
[state name]; and
(4) A statement that the affiant is the sole owner of the unencumbered equity.
Section 2. {Severability Clause}
Section 3. {Repealer Clause}
Section 4. {Effective date}
Adopted by the Criminal Justice Task Force at the States and Nation Policy
Summit December 9, 2006. Approved by the ALEC Board of Directors January 8,
2007.

About Us and ALEC EXPOSED. The Center for Media and Democracy reports on corporate spin and government
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Center for Media
and Democracy's
quick summary:
This bill is a handout to the commercial bail-bond ("surety") industry, and would prevent courts and law enforcement from exploring alternative methods
of pre-trial release. Under the bill, for all of the crimes listed, the only way the accused can be released is through paying a bondsman (which usually
requires a nonrefundable payment of 10% of the total bail) or posting 100% of the bail in cash or property. This Act would prohibit courts, counties, or
states from applying pre-trial release options (such as those that include supervised release and efforts to include necessary drug, alcohol, or social
interventions) to persons accused of these crimes. The ALEC summary sets up a false dichotomy between release on bail and releasing a person on
their own recognizance, and ignores the alternative pre-trial release options that exist. Except under the conditions specified in Section 1 (c), payment to
a bail bondsman would be the most likely option if this bill were passed -- judges would not set bail at the amount they think appropriate to make sure the
person returns to court, but at 10X that amount, knowing that the accused will be released by paying a bondsman 10% of the bail. The inclusion of
Section1 (c) allows a presumption in favor of requiring a defendant to pay the full bail in cash (and not paying a bondsman), but its inclusion suggests
that the bail-bond option should be included in all other instances.