A Common Pleas Court order will make it easier for low-income families of defendants in Delaware County to cover bail, writes Kenny Cooper for WHYY.

Delaware County has the highest bail retention fees in Pennsylvania, at 40 percent.

The fee is a portion of a person’s bail not returned at the end of their case, regardless of whether the defendant is found innocent, or has charges dropped.

The Delaware County Court of Common Pleas is reducing those fees, effective Aug. 13, to a flat $25 plus 3 percent of the first $1,000 bail and 2 percent of any amount above the threshold.  

Currently, an accused person posting $1,000 bail would end up with a $400 non-refundable bail retention fee.

Under the new ruling, on a $1,000 bail, the defendant would pay a $55 fee instead.

Delaware County Council and the Delaware County Criminal Justice Advisory Board unanimously approved a recommendation to adopt the new rule.

President Judge Linda A. Cartisano issued the order this week.  

“We should not be incarcerating based on who can or cannot afford to walk away from 40 percent of their posted bail,” stated Delaware County Councilmember Kevin Madden.

Read more about the reduction in bail retention fees at WHYY.