Bills that would give Michigan judges the option to impose no-cash bail in some cases are scheduled to receive a committee hearing Tuesday morning.

The legislation would require courts to consider factors such as a defendant’s risk of fleeing, causing harm or failing to appear in court when deciding whether to require cash bail.

It would not apply to individuals ineligible for bail according to the state constitution.

Rep. Stephanie Young (D-Detroit) is sponsoring the package. She said the current cash bail system creates inequities.

“You show up and you have $250 to pay bail, and I show up and I don’t. I close And you go home. That makes no sense,” Young said.

It’s an argument advocates across the country have long made to get rid of cash bail, which they say it disproportionately impacts communities of color.

Last year, the city of Detroit began implementation his own pre-trial bail reforms as part of a lawsuit settlement with the ACLU. The suit claimed that Detroit’s 36th District Court’s cash bail system was a violation of people’s constitutional right to equal protection under the law.

The bills are scheduled to be heard before the House Criminal Justice Committee at 9 a.m. Tuesday.

Committee Minority Leader Graham Filler (R-Duplain Twp) opposes the bill and said he plans to organize other Republicans against it.

That’s because Filler said the current bail system protects the public.

“When you tell criminals there will be no consequences, fascinatingly enough, these people who commit crimes, low-level or high-level, tend to take advantage of that system,” Filler said.

He argued that the bills would tie the hands of judges when defendants appear before them.

“In favor of the individual who committed it and then is charged with a crime. Why are we doing this?” Filler said, blaming out-of-state interest groups for bringing the issue to Michigan.

But Young said judges will still have discretion in the cases.

“Not everyone is considered for it. I think the judges have the common sense that we voted them to have when people come before them,” Young said. “If a violent criminal comes before them asking to be released, I hope judges have more sense than that.”

However, Young and her package co-sponsors may face an uphill battle in trying to pass the legislation as the cashless bail narrative remains up in the air.

New York, which previously approved bail reform, rolled him back last year.

The Michigan bills could face both slim Democratic majorities in the state House and Senate, as well as likely Republican opposition.

Additionally, time is running out in this year’s legislative session to advance bills. Bail reform bills have been waiting in committee without a hearing since May 2023.