Washington State Supreme Court is considering a number of proposed court rule changes that would have a direct impact on crime victims and survivors by making it far easier for offenders to be released from jail. Here are our concerns:

• Radically changes the standards for release by requiring courts to prove a “high likelihood of willful flight to avoid prosecution,” (as opposed to “likely failure to appear”). This change would make it extremely difficult for judges to hold individuals accountable by removing almost all judicial discretion in making pretrial release determinations.

• Nearly all defendants would be granted release upon posting only 10% of the bail, with the clerk’s office, with no requirement of a surety. This would essentially eliminate the bail bond industry. Bonding companies serve an important role, they have an incentive to get their clients to court and find them if they don’t.

• Increases the number of defendants who fail to appear in court, leading to more warrants, more re-arrests, and placing even greater strain on law enforcement agencies that are already understaffed and overextended across Washington State.

• When a defendant fails to appear for court, it profoundly impacts victims, survivors and families. The fear is often immediate and palpable for victims. It changes how they live - where they go, how they sleep, and how they move through their own communities. The terror of knowing that the person who inflicted the trauma and harm is still out there, making it impossible to feel safe. This is especially true in domestic violence cases where defendants commonly intimidate, tamper with and coerce their victims and their children.

• Puts a cap of $200 on most misdemeanors and gross misdemeanors (making bail effectively $20).

  Court is currently taking public comment on the proposals. The deadline for comments is April 30th. Comments can be submitted to the Clerk of the Supreme Court by email to supreme@courts.wa.gov. You may either attach a letter to the email or include your comments within the email.