A.    Reducing the Use of Money Bail and Commercial Bond

Although the Task Force recommended that Arizona eliminate cash bail,[155] the state has not yet done so. But perhaps anticipating that its recommendation would not be accepted, the Task Force also recommended that Arizona "[e]liminate the requirement for cash surety to the greatest extent possible."[156] In support of this recommendation, the Task Force criticized the heavy reliance on commercial bail agencies and recommended that where a financial bond was imposed, preference be given to cash deposited with the court.[157]

These recommendations were implemented, and as previously described, courts must now release defendants charged with bailable offenses on their own recognizance unless doing so would not assure their appearance or would fail to protect the community.[158] Moreover, in cases where a court determines that a monetary condition of release is necessary, it must impose the "least onerous" type of bond.[159] If followed, these changes would help those without the financial resources to pay bail, who often either remain in jail pending trial or have to utilize the services of a bail bond agent.[160] Most importantly, a move toward release on recognizance and unsecured bonds should reduce the number of people in jail pending trial. In addition, it would reduce reliance on the commercial bail industry, which, across the nation, acts as a gatekeeper for more than two million defendants released on bail each year, earning it an estimated $2.4 billion annually.[161]