A bill limiting the amount of time the state can keep someone behind bars before filing criminal charges narrowly escapes from House Criminal Justice. Bill sponsor, Representative Ted James said currently a person can remain in jail for up to 120 days for capital offenses, 60 days for felonies, and 45 days for misdemeanors.
“That is a month and a half away from a job, away from children, away from anyone else that depends on that person. Again, being held without charge,” said James.
The bill would shorten the period to five days for most offenses and 30 for more serious charges.
Representative Tony Bacala countered after speaking with a District Attorney and he worries charges will be filed on everyone before the fifth day regardless before cases can be thoroughly investigated.
“The fix is going to result in more injustice when the DA is forced to charge somebody who was arrested with powdered sugar with cocaine because they don’t have time to wait on the dadgum lab results to come back,” said Bacala.
James said holding a possibly innocent person in jail for an extended period can be costly, not only to the state but to that person who could lose their job, home, or even custody of their children.
“Joe Blow on the street we are asking him to suffer because all these folks that he’s paying by his tax dollars simply don’t want to do their job fast enough. And I recognize that the days may be unreasonable,” said James.
Representative Nicholas Muscarello said he likes the intent of the bill but needs to see changes.
“Basically, at the end of the day, we know that 45 is too long and five is too short. So, we need to come to some sort of compromise where everybody’s happy because I do think there needs to be some kind of change,” said Muscarello.
The bill passed out of committee by a 5-4 vote.
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