Last month, U.S. Congressman Ted Lieu (D-CA) introduced the No More Money Bail Act of 2016. This bill would prohibit the use of money bail at the federal level and deny states access to Byrne Justice Assistance Grant funds until they end the use of monetary payment as a condition for pretrial release. Currently, these funds direct hundreds of millions of federal dollars annually to state law enforcement agencies.
When a person is charged with a crime, in order to ensure appearance in court, an amount of bail money is often required to be paid as a condition for release back into the community until the trial takes place, when the money is returned. This is seen as a strategy to ensure those charged appear in court rather than evading trial. But with average felony bail amount set at $55,000, many individuals charged with crimes simply cannot afford to pay, and instead forfeit their freedom while they await trial, a penalty that can last for years.
Not only does this practice contribute to already overcrowded prisons that cost taxpayers billions of dollars, but it is also unnecessary. Alternative methods of pretrial services can yield the same appearance rates at trial, but at a vastly lower cost to the public.
Currently, the average proportion of individuals in state and local U.S. jails who are pretrial detainees, not yet convicted of any crime, is an astounding 60 percent. Logically, anyone with the money to post bail would do so, leaving behind only those who cannot. Such a system implies that “innocent until proven guilty” applies to only a select few, and that for most, the reality is “guilty until proven rich.”
The money bail system disproportionately affects already marginalized populations, as low income individuals and people of color are already more likely to be charged with crimes in the first place. Michael Collins of Drug Policy Alliance explains that because many of those who cannot afford bail are those charged with drug offenses, “the nexus between the drug war and money bail is clear.”
What is less well known is the difficult decision these individuals face. Many low income workers have jobs and housing situations in which failure to appear for a single day or night can mean loss of a job or a bed. As a result, many choose to give up their right to trial and plead guilty as the only way to avoid strains on family, jobs, or school that come with pretrial detention – not to mention the violence and emotional stress that result from incarceration. Nevertheless, this choice is illusory when considering the consequences of pleading guilty – a criminal record often results in the same strains on employment, education, and relationships.
Fortunately, the tide is turning on bail reform as more people wake up to the injustices of the current criminal justice regime. President Obama, in his final State of the Union address, mentioned criminal justice reform as a top federal priority, and several states have preceded Congress’s current bail reform legislation. A groundbreaking victory recently took place in New Jersey, where, with the help of Drug Policy Alliance, the bail system was reformed significantly.
Denying Byrne JAG grants to states that employ money bail is an encouraging first step, but legislation outlawing money bail and relying instead on pretrial services needs to be a priority in all states. As Congress considers other bipartisan legislation that would reform the prison system and reduce mandatory minimum sentencing, the time to push for reform in all areas of the failing criminal justice system is now.
Alex Carr is an intern with the Drug Policy Alliance.
Author: Alex Carr
Date Published: March 16, 2016
Published by Drug Policy Alliance