Monetary Bail Bond Schedule (or Bail Schedule)

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A written listing of amounts of money to be used in bail setting based on the offense charged, regardless of the characteristics of any individual defendant. While they are often created with good intentions, many argue that bail schedules are the antithesis of individualized bail determinations, and thus clearly violate principles articulated by the Supreme Court in Stack v. Boyle.* To many, they also improperly displace judicial discretion, and they have been “flatly reject[ed]” by the American Bar Association’s Criminal Justice Standards on Pretrial Release because they are “arbitrary and inflexible,” and because they exclude individualized factors that are more relevant to risk. At least three state supreme courts have examined procedures to implement non-discretionary bail amounts and found them legally deficient.**

*342 U.S. 1 (1951).
**See Clark v. Hall, 53 P.3d 416 (2002); Pelekai v. White, 861 P.2d 1205 (1993); Demmith v. Wisc. Jud. Conf., 480 N.W. 2d. 502 (Wisc. 1992).

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