Thursday, February 2, 2023

Play

Palestinian advocates praise a new fact sheet on discrimination, Pennsylvania considers extending deadlines for abuse claims, and North Dakota's corporate farming debate affects landowners and tribes.

Play

Vice President Kamala Harris urges Congress to pass the George Floyd Justice in Policing Act, the House begins the process to impeach the Homeland Security Secretary, and the Federal Reserve nudges interest rates up.

Play

Is bird flu, inflation or price gouging to blame for astronomical egg prices? Pregnancy can be life-changing or life-ending depending on where you live, and nine tribal schools are transforming their outdoor spaces into community gathering areas.

AZ Court: State Can't Force Defendants to Pay for GPS Monitors

Play

Tuesday, August 27, 2019   

KINGMAN, Ariz. — An Arizona appeals court has ruled a defendant whose trial is pending cannot be forced to either pay hefty fees for GPS monitoring or wait in jail.

The ACLU of Arizona challenged before the Arizona Court of Appeals the case of a man who was released while awaiting trial, couldn't afford to pay hundreds of dollars a month for an ankle monitor and was therefore ordered to jail until his trial.

ACLU attorney Jared Keenan said the Arizona law doesn't require courts to determine if a defendant is financially able to afford the monitoring fees – although he thinks it should.

"One of the arguments we made to the Court of Appeals was that before you impose any relief condition – whether it's a cash bail amount, or some sort of other condition that could cost someone money – the court has to consider one's ability to pay,” Keenan said.

The appeals-court ruling applies only to the defendant in the Mohave County case, but Keenan said he sees it as a strong indicator of how the judges might rule when they consider the constitutionality of the state bail law.

He said it boils down to the belief that, in most cases, a court can't put a person in jail simply because they can't afford to either make bail or pay monitoring fees. In the Mohave County case, he said, the judge required GPS monitoring for the defendant solely because of state legal requirements, not because the person was considered a flight risk.

"It has less to do with who's paying for the monitoring and more to do with the fact that it mandates pre-trial electronic monitoring for everyone based on charge alone, without any kind of individualized assessment of the necessity of pretrial monitoring related to that particular defendant,” Keenan said.

The state Attorney General agrees with the appeals court, saying state law doesn't give courts the power to force people to pay for their own mandatory pretrial monitoring.

Mohave County probation officials said they contract with a private firm to provide ankle monitors, and the county doesn't have a budget to pay for GPS monitoring fees.


get more stories like this via email

Protestors at the University of California-Berkeley demonstrate in support of student groups that passed a bylaw pledging not to invite pro-Zionist speakers. (Palestine Legal)

Social Issues

Groups fighting for Palestinian rights are praising a new fact sheet on religious discrimination from the U.S. Department of Education's Office for …


Social Issues

Lawmakers and immigrants-rights activists in the Commonwealth are hoping to pass the Language Access and Inclusion Act, which would dramatically …

Environment

New U.S. Department of Agriculture rules will target fraud and increase oversight of the $64 billion-a-year organic food industry. In Iowa, the …


While mortality rates for pregnant women have decreased globally, they continue to rise in the United States, with Black women three times more likely to die during pregnancy than white women. (Inez/Adobe Stock)

Social Issues

By Jennifer Weiss-Wolf for Ms. Magazine.Broadcast version by Eric Galatas for Colorado News Connection reporting for the Ms. Magazine-Public News …

Health and Wellness

With Black History Month underway, Wisconsin researchers and support groups are highlighting the disparities in cases of Alzheimer's disease…

Environment

Oregon is pursuing an aggressive climate plan to switch to renewable energy sources, but it faces one often overlooked issue: enough high-voltage …

Social Issues

A measure in the Washington State Legislature would provide free school meals to K-12 students, but nutrition service workers are worried they are …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright 2021