Alabama Supreme Court increases maximum bail on murder charges to $1.5 million

The Alabama Supreme Court approved a request by a committee of attorneys to raise the maximum bail for a murder charge from $150,000 to $1.5 million.

Montgomery County District Attorney Daryl Bailey has long advocated for raising the amount, and it's been a hot topic in Montgomery after several high profile cases where defendants were released on what the public felt were low bail amounts.

"I'm very satisfied with the change. It's something I've been pushing for for seven years," Bailey said by phone Friday afternoon. "I think it's ridiculous that you can be caught with drugs and get a $1.5 million bail, but if you murder someone the max is $150,000. It's a public safety issue."

In November, Montgomery police Chief Ramona Harris and Mayor Steven Reed publicly criticized the bail schedule.

"We understand the limitations and guidelines that they have to follow as well as us," Harris said. "Everyone has a right to a bond, but one of the things we’re looking at is to increase the bond for violent crimes. We’d like to see them be released less. I don’t think $150,000 is enough for murder."

The Alabama bail schedule, as it is known, is "a general rule for circuit, district and municipal courts." The rules also say, "Courts should exercise discretion in setting bail above or below the scheduled amounts."

The Alabama Criminal Rules Committee, which Bailey is a member of, unanimously voted in November to increase the maximum bail on a murder charge from $150,000 to $1.5 million, setting in motion the rule change for the Supreme Court's review.

Bail is not intended as punishment for defendants. While judges have leeway to raise bail amounts based on the severity of an alleged crime or the danger someone might pose to the community, the primary intent of bail is to ensure defendants make their court appearances, according to the American Bar Association.

While the bail schedule is a recommendation for judges, magistrates, who are often the first to sign and issue bail on an arrest warrant, are bound by the upper limits of the rules. That fact ignited an uproar when 23-year-old Tory Johnson was charged with murder and six count of assault in connection with the Bama Lanes shooting, and was released hours after his arrest on a $270,000 bail.

More: Man charged in Bama Lanes mass shooting posts bail, released a second time

The magistrate issued bail at what was the maximum amount for each charge, though could have put a cash stipulation on it, District Judge Tiffany McCord point out during a hearing for Johnson Thursday.

Bailey filed a motion Monday requesting a $2 million bail for Johnson. After a lengthy court hearing, filled with case law and arguments, McCord found flaws in both the state's and defense's arguments.

Tory Johnson, center, a suspect in the Bama Lanes shooting, arrives with lawyers for his bail hearing at the Montgomery County Courthouse in Montgomery, Ala., on Thursday January 13, 2022.
Tory Johnson, center, a suspect in the Bama Lanes shooting, arrives with lawyers for his bail hearing at the Montgomery County Courthouse in Montgomery, Ala., on Thursday January 13, 2022.

McCord ultimately did raise Johnson's bail to $860,000 shying far from the $2 million requested by prosecutors. As of Friday afternoon, Johnson remained jailed.

Bailey said he'd like to get rid of cash bail completely, and move to a system that evaluates the defendant on multiple levels before decided to release or hold that person. Many states have reformed their bail system placing restrictions on cash bail.

"It's unfair on so many levels," he said. "We should not be basing it on how much or little money someone has, we should be basing it on if someone is a danger to the community. It's not a fair system, it's not fair to the defendant, victim's family or the community."

Contact Montgomery Advertiser reporter Kirsten Fiscus at 334-318-1798 or KFiscus@gannett.com. Follow her on Twitter @KDFiscus

This article originally appeared on Montgomery Advertiser: Maximum bail for murder charges in Alabama increased from $!50k to $1.5 million