Massachusetts taxpayers now on hook for after-hours bail fees, thanks to new budget

Massachusetts has taken bail reform to a new level, forcing law-abiding taxpayers to shoulder the added cost of springing defendants from jail at night or on weekends, when courthouses are typically closed.

Since 2002, defendants in Massachusetts who want to be released from custody after hours have forked over a $40 fee to pay for a bail commissioner or magistrate to come to a police station to approve bail transactions or release the defendants on their own recognizance.

'This shows how out of touch these politicians have become, completely severed from reality.'

However, civil rights and social justice groups have since argued that such a system has a disproportional effect on certain racial groups, the Eagle Tribune claimed, and unfairly targets those of low income.

Those arguments seem to have won the day. Last week, far-left Gov. Maura Healey signed a budget that not only doubles the fee to $80 but that shifts that cost to the Trial Court — and by extension, to state taxpayers.

"The trial court shall be responsible for paying fees charged to take bail outside of regular working hours and any fee charged under this section for a bail taken outside of regular working hours shall be charged only to the trial court. Fee splitting arrangements are prohibited," the relevant section of the budget reads in part.

After fronting the $80 cost, bail commissioners or magistrates will then bill the Trial Court for reimbursement. Massachusetts lawmakers have already earmarked $4.8 million in the fiscal year 2025 budget to cover these costs.

Trial Court spokeswoman Jennifer Donahue believes that this arrangement is much more just for alleged offenders, telling the Eagle Tribune that it lifts the "financial burden from the individuals who can least afford it."

Donahue also noted that the change will likely encourage remote arraignments, further alleviating the inconveniences suffered by the accused. Remote hearings "shorten the time that individuals are held in custody, especially in rural areas, where traveling to the custodial facility could require an hour or more of travel," she claimed.

MassFiscal spokesman Paul Craney disagrees, noting that the system is already overrun and that the $4.8 million allocated for the new policy could be better spent elsewhere. "The state budget has become so bloated, and lawmakers are abusing the taxpayers to such a degree, that now Statehouse politicians think it’s ok to have taxpayers fund bail," Craney told Blaze News.

"This shows how out of touch these politicians have become, completely severed from reality."

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