Rep. Tim Bonner, R-Grove City, speaks during a recent committee meeting in Harrisburg.

A Republican state House member is asking his colleagues to take the first step toward creating a uniform bail process across Pennsylvania.

Rep. Tim Bonner, R-Grove City, has introduced House Resolution 519, which calls for the Pennsylvania Sentencing Commission to gather data from all 67 Pennsylvania counties and develop fair, consistent bail setting recommendations to assist courts across Pennsylvania.

“Article 1, Section 14, of the Pennsylvania Constitution establishes the right to bail for those accused of crimes so that the accused, who is presumed innocent at this stage, can remain free unless he or she poses a danger to the community or a risk of not showing for court proceedings,” Bonner said. “However, there is little consistency in the setting of a bail by a judge.”

Bail is the condition set by a judge that allows an accused person to remain free while ensuring they return to court. Bonner noted that the lack of uniform standards has led to significant inconsistencies in how bail is set across Pennsylvania’s 67 counties.

The ACLU Pennsylvania issued four recommendations in a 2021 report on the use of cash bail in Pennsylvania, including releasing people on their own recognizance in more cases and using the least restrictive conditions necessary to guarantee future appearances in court. The ACLU also called on the state court system to analyze bail data regularly, for president judges to do more to oversee magisterial district justices in their jurisdiction and for courts and jails to work together to install safeguards so no one is in a county jail because they are unable to pay bail.

The ACLU report analyzed data from 2016 and 2017.The report found cash bail was used more in urban areas (45.4%) than in rural areas (37.1%). At the time of the study Warren County Magisterial District Judges used cash bail in 40.9% of cases, while Forest County judges used cash bail 35.1% of the time and Elk County judges used cash bail 28.6% of the time.

It found that statewide over those two years Magisterial District Justices statewide released those charged with a crime on their own recognizance 22.5% of the time. The Pennsylvania Rules of Criminal Procedure direct MDJs to first consider releasing people on their own recognizance. In three counties, the ROR rate was zero: Cameron, Elk, and Tioga.).

“The unpredictable setting of bail by the courts has caused significant complaints as to racial, gender, age and income bias,” Bonner said. “House Resolution 519 is meant to bring fairness and justice to the setting of bail across Pennsylvania so that the accused’s constitutional rights are protected and the victim and the community have confidence that their safety and welfare are at the forefront of the proceedings in our criminal justice system.”

If House Resolution 519 is approved, the Pennsylvania Sentencing Commission would develop statewide bail setting recommendations and submit them to the House of Representatives for review and consideration.