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'Will definitely be a problem': Critics say bill in Georgia House could lead to jail overcrowding

The bill would allow only cash bonds for all felonies, instead of just violent ones.

MACON, Ga. — A bill making its way through the Georgia legislature has some members of law enforcement worried.

It's a change in the way bonds are handled. The Georgia Code says cash bonds are only required for more violent crimes like murder and kidnapping. Senate Bill 504 would make it so that all felonies require a cash bond.

A cash bond is one of the simplest bonds to understand. It's an agreement between you and the court ensuring you'll show up to your trial if you're let out of jail. You're fronting the money, and if you come to court, you get your money back.

If you go with a bond company, you add a third party to the mix. The main difference here is that the agency puts up the money. If you don't show up for court, they lose out.

It's usually easier to get a bond through a third party, but it's almost never allowed in violent cases. Bibb County Chief Sheriff's Deputy Michael Scarbary isn't convinced the bill is a good idea. He thinks it could lead to overcrowding.

"There are people who commit such a crime such as theft by taking felony, and they're not so much a threat to the public," Scarbary said.

He says the Bibb County Sheriff's Office is more concerned about violent crimes.

"I understand the reasoning for someone wanting it to be a cash bond for felonies, but there's a lot of other big parts of this involved," Scarbary said.

Scarbary isn't the only one expressing concerns. Dekalb D.A. Sherry Boston and Augusta-area DA Jared Williams have also expressed worry about overcrowding.

"It will definitely result in some overcrowding in the jail, which will definitely be a problem for us," Scarbary said.

His main worry is if the jail is too crowded, it could limit room for more violent offenders.

The Georgia Senate voted 30-22 in favor of the bill last week. Two Central Georgia state senators voted against the bill: Macon's David Lucas and Ed Harbison. Macon's John Kennedy, Cordele's Carden Summers, Perry's Larry Walker III and Jackson's Burt Jones all voted in favor.

The bill is making its way through the house. If passed, it will head to Gov. Brian Kemp's desk.

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