10. Modify Bond Amounts and Bond and Detention Procedures
Ferguson has two separate municipal code bond schedules and processes: one for warrantless arrests, and another for arrests pursuant to warrants issued by the municipal court. Ferguson's municipal court recently limited the number of municipal code violations for which officers can jail an individual without a warrant, and reduced the amount of time the jail may hold a defendant who is unable to post bond from 72 to 12 hours. These changes are a positive start, but further reforms are necessary. The City and municipal court should:
- Limit the amount of time the jail may hold a defendant unable to post bond on all arrests for municipal code violations or municipal arrest warrants to 12 hours;
- Establish procedures for setting bond amounts for warrantless and warrant-based detainees that are consistent with the Equal Protection Clause's prohibition on incarcerating individuals on the basis of indigency, and that ensure bond shall in no case exceed $100 for a person arrested pursuant to a municipal warrant, regardless of the number of pending charges;
- At the time of bond payment, provide individuals with the option of applying a bond fee to underlying fines and costs, including in the event of forfeiture;
- Take steps necessary, including the continued development of a computerized court records management system as discussed above, to enable court staff, FPD officers, and FPD correctional officers to access case information so that a person has the option of paying the full underlying fine owed in lieu of bond upon being arrested;
- Increase options for making a bond payment, including allowing bond payment by credit card and through the online payment system, whether by a person in jail or outside of the jail;
- Institute closer oversight and tracking of bond payment acceptance by FPD officers and FPD correctional officers;
- Initiate practice of issuing bond refund checks immediately upon a defendant paying their fine in full and being owed a bond refund;
- Ensure that all court staff, FPD officers, and FPD correctional officers understand Ferguson's bond rules and procedures.
11. Consistently Provide "Compliance Letters" Necessary for Driver's License Reinstatement After a Person Makes an Appearance Following a License Suspension
Per official policy, the municipal court provides people who have had their licenses suspended pursuant to Mo. Rev. Stat. § 302.341.1 with compliance letters enabling the suspension to be lifted only once the underlying fine has been paid in full. Court staff told us, however, that in "sympathetic cases," they provide compliance letters that enable people to have their licenses reinstated. The court should adopt and implement a policy of providing individuals with compliance letters immediately upon a person appearing in court following a license suspension pursuant to this statute.
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