Widespread use of a deposit system may do nothing more than substitute a government bondsman for what presently exists. Until the use of financial conditions is eliminated, as long as cash deposit bail continues to be utilized, under no circumstances should any financial conditions be used to ensure the safety of the community or should the amount of cash deposit bail set be based on the risk of danger to the community posed by the release of the defendant. Much has been said about the merits of nonfinancial conditions as motivators for appearance. They are as effective as, if not more effective than, financial conditions in bringing people to court. It is known from experience that bondsmen like repeaters.
Repeaters are reliable, pay their premiums, and appear.
The defendant under the traditional surety bond system knows that if he pays and appears he will get out as may times as he is arrested. It must be asked if this would be true if the deposit bail system were used instead of compensated surety. Suppose a defendant were required to post a deposit to ensure against future criminal acts. Such a condition would be of dubious constitutionality. There is also a problem of depriving the defendant of property without due process if a deposit to secure appearance is taken as punishment for some other crime.