A Democratic plan to end cash bail in Michigan is so extreme that even Democratic Attorney General Dana Nessel, a former civil rights attorney, opposes it.

The House Criminal Justice Committee is considering House Bills 4655, 4656, 4658, 4659, 4660 and 4661. The measures were introduced in May 2023 and have new life as Democrats move to push through progressive bills before they lose their trifecta control of state government next year.

If signed into law, the measures would mandate judges to release suspects charged with “low-level” crimes, regardless of the defendant’s background. Judges could not consider a suspect’s criminal history, prior failures to appear in court, the circumstances of their arrest or the potential danger to the community.

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“This represents a dangerous shift in how we handle public safety,” state Rep. Graham Filler, R-Duplain Township, said in a release. “The people of Michigan deserve a criminal justice system that prioritizes their safety. These bills would force judges to let certain offenders walk free without bail, even if they pose a clear threat to public safety.”

“When repeat offenders are given a free pass, it’s no surprise that crime rates go up,” Filler, vice chair of the House Criminal Justice Committee, added. “These policies are tied to a surge in violent crime in states where they’ve been adopted.”

Critics of the bail reform point to cities such as New York City that have eliminated cash bail, saying studies show the approach doesn’t work.

We’ve seen this failed experiment in New York. We’ve seen it fail in California,” Zach Rudat, advocacy director for Michigan Freedom Fund, said in a release. “Everywhere weak on crime bail ‘reform’ is enacted, criminals thrive while communities suffer.

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“This plan creates a revolving door for repeat offenders in our judicial system,” Rudat added. “It delays justice, incentivizes crime, undermines first responders, and endangers our communities. It’s no wonder a plan this bad is even too extreme for Attorney General Dana Nessel.”

Groups such as the Criminal Defense Attorneys of Michigan, the Michigan League for Public Policy and the State Bar of Michigan indicated to lawmakers that they support the bill. The American Civil Liberties Union of Michigan, which filed a federal class-action lawsuit in 2019, claiming the 36th District Court’s “widespread use of cash bail” was unconstitutional, also supported the bills.

Supporters say cash bail discriminates against those who can’t afford their bail and remain in jail pending trial, effectively leading to “mass incarceration.” They also argue it doesn’t make communities safer.

However, other groups, such as the Michigan Association of Chiefs of Police, the Michigan Association of Counties, and the Police Officers Association of Michigan, indicated they oppose the plan. According to the committee meeting minutes, Aaron Van Langevelde, representing the attorney general, submitted a card opposing the measures but did not wish to speak.

“We trust our judges to make decisions that keep our communities safe,” Filler said. “Handcuffing their ability to do so is not just short-sighted — it’s reckless. Michigan should learn from the mistakes of other states, not repeat them.”

“If we move forward with this radical experiment, we risk turning our neighborhoods into the next hotbeds for crime sprees,” Filler said. “Releasing dangerous people without any oversight has very real consequences, and we can’t ignore that.”

The Michigan Domestic and Sexual Violence Prevention and Treatment Board also opposed many of the bill package’s aspects.

“This bill would most drastically change the current way pretrial bond is determined and could negatively impact victims of sexual assault, domestic violence, and stalking,” the group said of 4655. “The current court rule provides a framework that allows for both judicial discretion and guidance in setting a case-appropriate bond to better ensure safety.”