Massachusetts State Rep. Steve Xiarhos says Massachusetts taxpayers are still covering after-hours bail commissioner fees, after legislation he filed to change the practice was sidetracked this year.
Since a 2024 change in state law, when a person is arrested and released on personal recognizance after court hours, such as nights, weekends, or holidays, the $80 bail commissioner fee is paid by the Trial Court, not the person being released. The fee used to be $40 and was paid by the defendant. Xiarhos estimates the shift now costs taxpayers about $7 million a year.
Xiarhos, a Barnstable Republican and former Yarmouth deputy police chief, has spoken against the policy from the House podium and filed H.2059, An Act relative to eliminating cashless bail. The bill was referred to the Joint Committee on the Judiciary and, on March 26th was sent to a study order, effectively ending its path this session. A related House budget amendment to stop the Trial Court from paying those after-hours fees was also rejected earlier this year.
“I think it is outrageous that hard-working, law-abiding taxpayers are being forced to pay bail fees for people accused of crimes,” Xiarhos said.
Xiarhos on Wednesday pointed to a Barnstable police officer who was nearly killed recently when he was struck by an alleged drunk driver while working a traffic detail. The officer remains at a Boston hospital after additional surgeries, with more operations expected. Xiarhos said that officer, like every other Massachusetts taxpayer, is helping pay the $80 after-hours fees.
Xiarhos said every person is entitled to the presumption of innocence, but argued the person released, not taxpayers, should be responsible for the commissioner fee. He said the money could instead go to roads, schools, public safety, or local aid.
The current statute still requires the Trial Court to pay fees charged for bail taken outside regular working hours.
