Republican Sen. Eric Brakey said the new system, modeled after a law that passed last year in New Jersey, would alleviate jail overcrowding, reduce jail costs and keep people who can’t afford bail from having to sit in jail until trial.
The proposal, however, may face opposition from prosecutors.
“This is totally illusory,” said Cumberland County District Attorney Stephanie Anderson, who also heads the Maine Prosecutors Association. “Nobody is sitting in jail because they can’t afford bail. If someone should legitimately be out, their bail gets lowered. I don’t understand what the problem is.”
The theory behind the bill is simple: Someone considered a low risk of flight would be released until a trial or other resolution of the charges. Those deemed a threat to public safety would be kept in jail until their case is settled. Brakey said most people in jail now would fall in the first category.
