New Law In New Jersey

For some folks, it just got harder to get out of jail.

A new state law requires those who post bail for someone charged with a serious crime to submit information to the prosecuting attorney about their bank accounts, real estate and debt.

The idea, lawmakers say, is to keep drug dealers from bailing themselves out with their own ill-gotten gains.

But some in the bail bonds industry are concerned that the new regulation, and the personal information it requests, might scare away even law-abiding clients. Some also say the administration of the law has caused people in some county lock-ups to stay in jail longer than needed.

The law, which went into effect June 1, requires people to submit a "bail source inquiry questionnaire" when bailing or bonding out someone who has been charged with at least one of 19 major crimes. These crimes include any first- or second-degree drug or racketeering charges, murder, kidnapping, carjacking, child endangerment, unlawful weapons possession and recruiting gang members.

The eight-page questionnaire, which is supplied to bonding companies, asks for three years of a defendant's employment history and financial and property information on anyone providing cash for the bail. Phone numbers and addresses of the bail suppliers are also taken.

The questionnaire is submitted with the bail money or bond. But before the defendant is released, the prosecuting attorney has a right to reject the information on the questionnaire and call for an immediate source hearing before a judge.

Proponents of the law say it gives authorities the ability to better monitor the flow of money in the bail bond system, and the power to clamp down on the amount of illicit cash being used.

"If a person goes and takes $10,000 out of an account, it's traceable, it's verifiable," said Assemblyman Alfred E. Steele, D-Paterson, one of the bill's five sponsors.

A spokesman for the Passaic County Sheriff's Department, which runs the county jail, said the law is long-needed.

"Generally speaking it's good for there to be accountability with bail, and that the benefits of crime not be used in making bail," said spokesman Bill Maer.

Area bail-bonds agents said they have lost few if any clients since the new rule went into effect. But some say that could change over time.

"I think it will discourage a lot of future clients," said Christian Martell of Martell Bail Bonds in Paterson.

People who already feel nervous about bailing someone out of jail might be completely scared off if they know a prosecutor will be scrutinizing their finances.

"Society is paranoid as it is," Johara S. Aurfali, a bondswoman who works for Apple Bail Bonds in South Paterson, said. "To have to go and bail someone out and give up the name of your bank and where you live, that makes no sense."

Maer said he didn't believe the law would cause jail overcrowding, even if the new requirements scare off customers.

But both Aurfali and Van Anastos, a Paterson-based bondsman, said prosecutors in counties besides Passaic have not been expedient in reviewing questionnaires, which has left some people in jail longer than necessary. "It's unfair to someone who's locked up," Anastos said.

Aurfali said there is also no guarantee that people will be honest when they submit their questionnaire.

"Most people, whether their money is legit or not, are going to make it look as legit as possible," she said.

If a false statement leads to a source hearing, then it could also lead perjury charges against the person making it.

But that also takes up time of the bail bondsperson, who must be present at the source hearing.

Some bondsmen, however, see some good potential coming from the law.

Martell, whose family has been in the bond industry for more than 20 years, said the law could weed out unlicensed bond agencies.

The source questionnaire also requires the license number of the agency providing the bond.

"I think it could help alleviate it a lot," he said.