A new Republican-sponsored bill would make changes to bail, saying they’re needed to keep dangerous repeat offenders from being released.
The "Holly Act" ups the penalty for repeatedly failing to appear in court for those who have failed to respond to two or more summonses in the last five years. They would no longer be able to released on their own recognizance or post 10% bond, but would have to post a 25% bond and personal recognizance would no longer be permitted. The bill would also ensure financial accountability by requiring courts to confirm there are assets to back up posted bonds.
The bill also bans non-profit organizations from posting bail for serious and violent crimes, including domestic violence, and caps charitable bail at $5,000. It also requires those groups to provide transparency through annual reporting.
“The bill does not eliminate judicial discretion, does not upend our bail system," said joint sponsor Rep. Jeff LaRe (R-Violet Twp.) "What it does is reinforce accountability, transparency and public safety while maintaining constitutional protections.”
The bill is named for a woman identified only as Holly, who got national attention when she was badly injured in a violent brawl on July 26 in Cincinnati that was widely shared on social media. At the press conference announcing the bill, Holly said one of her attackers had been released on bail only two weeks earlier after being indicted on serious charges, including illegally having a gun.
“This is about balance," Holly said. "It is about protecting the rights of the accused while also protecting the public, protecting you and your loved ones. Public safety must always come first.”
The sponsors said they'd considered banning all charitable bail in Ohio, but noted other states have passed limits on it. And they said these changes aren’t an overreach on the authority of judges.
"The goal here is to allow the judges to identify key components to defendants that make them a threat to public safety. And we want to work with them to do that," said the bill's other joint sponsor DJ Swearingen (R-Huron). "We're not trying to overreach or micromanage them in any way. We do want the public to be safe."
There are no Ohio or nationwide statistics on how many defendants have been charged with violent crimes after being released on bond. Advocates have suggested a national database that would do that.
U.S. Sen. Bernie Moreno (R-OH) has said he will introduce a "Holly's Act" at the federal level, to raise bail requirements and increase mandatory minimum sentences for violent crimes. He seized on the story of the brawl and brought Holly to a press conference after meeting with Cincinnati leaders about safety and police staffing in August.
Ohio's proposed Holly Act doesn't have a number as it hasn't been formally introduced.
