Tuesday, December 12. 1973 7 Missouri Frees Some on No Bond By MARGE LEVIT Kansan Staff Writer Kansan Staff Writer A federally-funded program that would permit persons accused of crimes to be released on their own recognition instead of having to post bond while they were awaiting trial was announced in success by the man responsible for conducting it in Kansas City, Mo. Holman said that almost all of the accused who were released without bond later resumed their work. James G. Holman, regional administrator of the Missouri probation and parole department said, "Our success rate so far is ? per cent." "Between Sept. 1, 1971 and Sept. 1, 1972 we investigated 788 people charged with crimes. Of that number, the court released defendants on their own recognition," he said. Most of those released could not afford to post bond and would have had to remain in prison. OUR "hOR program (release on Nov. 28, 2013) saved 24,400 jal days." Holmum.sald. That amounts to $137,115 saved the taxpayers, based on jail officials' estimate of $5.50 per day for keeping a man in the Jackson County jail. The ROR program enabled those released to continue working to support their families and to lead fairly normal lives. Conditions in the Jackson County jail have prevented such an increase in investigatory groups. They have condemned occurrences of rape and inmate beatings. Jail officials report that there are now 35 prisoners in custody. Only 44 of them were charged. Professional bondmen usually charge a fee of 10 per cent of the bond for putting up a bond. A fee of 25 per cent is charged. Ohio Man Is Arraigned In Lawrence Howard Rose, 28, one of two Akron, Ohio, men charged with shooting a man in the Elk's Club parking lot Oct. 18, was arraigned Friday in Douglas County District Court on charges of aggravated battery, kidnaping and aggrivated robbery. He was scheduled to appear Feb. 2 for setting of a trial date. The other man, Stanley Swistak, 25, was scheduled for trial in Douglas County District Court Jan. 22. Both men have pleaded not guilty. The men allegedly kidnapped George and his family in Kansas City, Kan., but he had offered them a ride. The men then allegedly forced him to go on a plane that killed him from the front and shot him in the head. The men were apprehended Oct. 19 in Salina, where an off-duty policeman recognized the car from descriptions sent out by Lawrence police. whole amount, if the defendant fails to appear for trial. If the defendant does show up in court, the bondman gets his money and returns, however, does not get his fee refunded. A NEW LAW, passed by the last session of the Missouri legislature, will ease the financial strain for some defendants. The law, called the Balk Reform Act, authorizes the court to release a person on a direct payment of 10 per cent of the bond and to refrain from taking any action that the provision will curtail the business of the professional bondsman. Coupled with the 10 per cent provisio in the new law is one making it a criminal offense to skip bond, punishable by imprisonment of up to five years. For the man with no money, the 10 per cent proviso is not much help. His hope lies in getting it. The program began in Kansas City, M., in September 1971 with a one-year grant of $22,000 from the federal Law Enforcement Assistance Administration. The Missouri probation and parole department put up an additional $13,000, mostly in space and supplies, to meet a matching funds requirement. The ROR staff includes two full-time investigators and supervisory personnel. ALTOHUG SCHEDULU to end September 1972, the program was able to obtain enough additional federal money to carry it through to the end of this year. Before the end of this year, the pre-trial investigations had been made by the Jackson County Parole Board. Holman said that the ROR staff received daily reports from the prosecuting attorney's office, so that the staff was aware of what cases were scheduled for arraignment in the four criminal divisions of the Circuit Court. The results of these investigations are then made available to the four judges who preside, on a six-month rotating basis, over the criminal divisions. Investigators fill out a four-page evaluation form for each defendant, along with any information required. Points are given for length of residence in the area, family ties and employment. Points are deducted for a prior record of unmet needs, or proof that the requirement is not required to get an ROR recommendation. HOLMAN SAID that the recommendation was just that, a recommendation. It is up to the presiding judge to make the determination, he said. The recommendations are used primarily by the circuit court judges. At the magistrate (lower) court level, there is less time for investigation between arrest and arraragment, although it may be necessary to lower to release defendants on resuppression. Magistrate Judge Robert W. Berley III of the 4th District, an advocate of the program, said, "I release defendants on the grounds that we violate when I think the situation, wargirls it." One indicator he uses is a check of the local police computer which contains previous arrest and conviction records of all persons in this area. If a person is arrested and unable to make bond he could up to six months in jail* "NEW YORK CITY criminal trial courts are as much as three four years behind," said the judge. Circuit Court Judge Paul E. Vardeman said the ROR idea had been used in the Kansas City area for about five years. It is a fairly new concept which stems from the work begun about 10 years ago by the Vera Institute of Justice in New York City. Judge Vardeman said he seldom used ROR when crimes of violence were concerned. before his case comes to trial in a Jackson County Court Court. Compared to other cases, the Since the U.S. Supreme Court ruled against the death penalty earlier this year, the "capital" description is open to re-imprepitation. However, imprisonment can be less punitive than bond. The only limit is that the bond must be "reasonable," Vardeman said. He also said that under Missouri law, some crimes were not bondable. Technically, a person accused of a capital crime (a crime for which the death penalty can be invoked) can be held without bond until trial, he said. 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