Office of Bail Administration and Certain Activities of Bail Magistrates

This is a state performance audit of the Office of Bail Administration and some work done by bail magistrates, covering January 1, 2015 through June 30, 2016.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, January 1, 2015 through June 30, 2016.”

The auditor checked whether bail magistrates and the State Bail Administrator followed rules for turning in, reporting, and reviewing bail collected outside normal court hours.

“The purpose of our audit was to determine bail magistrates’ and the State Bail Administrator’s compliance with certain sections of the Rules Governing Persons Authorized to Admit to Bail out of Court for timely delivery, reporting, and review of after-hours bail.”

The rules are meant to protect bail money and make sure it gets to the right court quickly, so it can be returned or transferred when a judge orders it.

“In addition, bail may not be available to be returned in a timely manner to those who paid it, or to be transferred to other courts if a judge so orders.”

If you or someone you know pays after-hours bail, late delivery or weak tracking could affect whether that money is handled promptly and safely.

“By not ensuring that bail is delivered to courts in a timely manner, bail magistrates are putting it at greater risk of theft or misuse.”

The audit found two main problems: late delivery of after-hours bail to courts and late or missing monthly reports and bank statements.

“Bail magistrates did not always submit monthly reports and bank statements in a timely manner.”

The auditor recommended better tracking systems, clearer due dates, possible discipline for rule violations, reminders, and electronic submission options.

“The State Bail Administrator, in conjunction with EOTC, should explore with EOTC’s Information Technology Department potential ways for bail magistrates to submit monthly reports and bank statements via email instead of regular mail.”

This mattered because the audit covered 37,679 after-hours bail cases and more than $45 million in bail collected and reported during the 18-month period.

“These bail magistrates collected and reported to OBA a total of $45,399,188 of after-hours bail related to 37,679 cases.”

After-hours bail means bail handled when court is closed; personal recognizance means a person is released based on a promise to appear in court later.

“The purpose of bail is not punitive; it is to ensure that the offender will make his/her next court appearance.”