Cash Bail System

  • What happened when New Jersey stopped relying on cash bail, By Maddie Hanna, February 16, 2018, Philadelphia Inquirer: “One year into New Jersey’s nationally watched overhaul of its bail system, the state’s pretrial jail population has dropped 20 percent as courts have all but stopped setting cash bail…”
  • Philadelphia DA drops cash bail for ‘low-level’ crimes, By Anthony Izaguirre (AP), February 21, 2018, Philadelphia Inquirer: “Philadelphia’s top prosecutor said Wednesday his office will stop jailing people who cannot afford to pay cash bail in minor criminal cases, affirming the commitment of the country’s fifth-largest city to a national movement that argues the practice targets poor Americans…”

Bail Reform

  • New Jersey claims bail-reform a success, cites huge drop in jail population, By Peter Krouse, February 13, 2018, Cleveland Plain Dealer: “One year after sweeping criminal-justice reforms became law in New Jersey, the state has “successfully transformed an antiquated money bail system into a modern risk-based system,” the state’s courts reported Tuesday…”
  • Could Dallas’ bail system be deemed an ‘instrument of oppression’ after Houston ruling?, By Naomi Martin, February 16, 2018, Dallas News: “On the one hand, it was a kick in the gut.  But it was also a roadmap. That’s how Dallas County officials see a much-anticipated ruling by a federal appeals court on bail reform. For years, county leaders and judges have been in talks to overhaul the criminal bail system to make it easier for poor arrestees who aren’t dangerous to be released from jail while they await trial…”

Bail Reform

  • Atlanta mayor signs new ordinance changing cash bail system in a nod to the needy, By Rhonda Cook, February 5, 2018, Atlanta Journal-Constitution: “Atlanta Mayor Keisha Lance Bottoms signed an ordinance Tuesday that eliminates the Municipal Court’s cash bond requirement for some low-level offenders who otherwise would sit in jail because they can’t afford bail…”
  • Delaware strengthens bail reform movement, By J. B. Wogan, January 29, 2018, Governing: “Delaware Gov. John Carney signed a bill late last week that places the state among a small group that has moved away from cash bail. ‘You have poor people who pose no risk of flight or no risk to the community incarcerated on a full-time basis before trial,’ says Delaware state Sen. Bryan Townsend, a co-sponsor of the bill. ‘That’s not at all what the criminal justice system is supposed to be about.’ On any given day, jails across the country house some 700,000 people — many of whom are there because they can’t afford to pay bail…”

Criminal Justice Reform – Georgia

Number of African-Americans sent to Georgia prisons hits historic lows, By Bill Rankin, January 25, 2018, Atlanta Journal-Constitution: “The number of African-Americans being locked up in Georgia’s prison system has dropped to historic lows, reflecting a monumental shift in the way Georgia is punishing nonviolent offenders. While prison admissions have dropped almost 19 percent in the past eight years, the incarceration of black inmates fell by 30 percent. And the number of black inmates entering the prison system last year was at its lowest level in decades, Department of Corrections records show…”

Cash Bail System – Dallas, TX

Poor people locked up longer than the rich, violating Constitution in Dallas, lawsuit alleges, By Cary Aspinwall and Naomi Martin, January 21, 2018, Dallas Morning News: “The day that Dallas County leaders have been dreading for years finally arrived on Sunday: four nonprofits filed a federal civil rights lawsuit alleging the jail’s cash bail system unfairly harms poor people and violates the Texas and U.S. constitutions. The lawsuit, which officials feared due to its potentially hefty price tag, alleges Dallas County’s cash bail system fails to consider a jailed defendant’s ability to pay to post bond, resulting in disparate treatment in the criminal justice system…”

Bail Reform – New York

Cuomo, in bid to help poor, proposes ending cash bail for minor crimes, By James C. McKinley Jr., January 2, 2018, New York Times: “Gov. Andrew M. Cuomo plans to ask the New York State Legislature to eliminate cash bail for many crimes and to speed up the disclosure of evidence in trials as part of a package of proposals intended make the criminal justice system fairer for indigent defendants, his aides said…”

Incarceration and Recidivism – Montana

Montana agencies, volunteers work to reintegrate citizens after incarceration, By David Erickson, October 30, 2017, The Missoulian: “Montana’s prison population has grown faster than the national average, and last year 15,000 people in the state were either behind bars or under criminal justice supervision. The state spent $182 million on corrections in fiscal year 2014, and jails and prisons suffer from overcrowding while taxpayers foot the bill…”

Bail System – California

California’s bail system is ‘unsafe and unfair,’ study finds, By Eric Westervelt, October 25, 2017, National Public Radio: “The national effort to get states to move away from a bail system based on money — something detractors call unjust and antiquated — got a big boost this week: A yearlong study backed by California’s chief justice recommended money bail be abolished and replaced with a system that includes robust safety assessments and expanded pretrial services. Calling the state’s commercial bail system ‘unsafe and unfair,’ a working group created by California Chief Justice Tani Cantil-Sakauye argues that the state’s bail system bases a defendant’s liberty too much on his or her finances, rather than an assessment of whether the defendant is a flight or safety risk…”

Bail Reform – Alabama

Too poor to make bail: Alabama forced to reform ‘two-tiered’ jail system, By Anna Claire Vollers, October 11, 2017, Al.com: “In May, Kandace Edwards had hit rock bottom. She was 29 years old and homeless, the mother of two toddlers. They lived in rural Randolph County on the Alabama-Georgia line, staying with a variety of friends – some of whom did not have electricity or running water – since her eviction five months previously. Edwards was also 7 months pregnant and had just lost her waitressing job, she said, after the restaurant let her go because her high-risk pregnancy prevented her from working in certain conditions. She had no income, relying on food stamps and Medicaid for support. She’d granted temporary custody of her children to her mother-in-law. Then Edwards was arrested for forging a $75 check. It was a felony charge, and bail was set at $7,500…”

Prison Diversion Programs for Mothers

Breaking the  cycle of incarceration by keeping mothers and children together, By Rebecca Beitsch, September 13, 2017, Stateline: “When Stephanie Petitt was arrested for violating probation for prior drug and robbery convictions, she learned two things: She was 16 weeks pregnant, and she would probably deliver her baby while incarcerated at an Oklahoma prison. In most places, an incarcerated woman who gives birth almost immediately hands over her newborn to a social worker, who places the child with a relative or with foster parents. Petitt said she was told she would have an hour to hold her newborn. Just a few states offer alternatives that allow mother and child to stay together longer. At least eight states have so-called prison nurseries where nonviolent female offenders live with their children for a few months to several years…”

Ex-Offenders and Employment

‘Ban the Box’ laws may be harming young black men seeking jobs, By Rebecca Beitsch, August 22, 2017, Stateline: “‘Ban the box’ laws, which bar employers from asking job applicants whether they have a criminal record, may be harming some of the people they are intended to help.  Twenty-nine states prevent state and sometimes city and county employers from including a criminal history box on job applications. Nine states have extended the ban to private employers as well…”

Bail Reform

Post bail, By Jon Schuppe, August 20, 2017, NBC News: “On the ground floor of a deteriorating county courthouse, in a room outfitted with temporary office furniture and tangles of electrical wires, a cornerstone of America’s criminal justice system is crumbling. A 20-year-old man in a green jail jumpsuit appears on a video monitor that faces a judge. It is early June, and he has been arrested for driving a car with a gun locked in the glove compartment.  If he were in almost any other courtroom in the country, he’d be ordered to stay behind bars until he posted bail — if he could afford it. This is what millions of people charged with crimes from shoplifting to shootings have done for more than two centuries. The bail system, enshrined in the Bill of Rights, is meant to ensure that all defendants, presumed innocent before trial, get a shot at freedom and return to court. But allowing people to pay for their release has proved unfair to people who don’t have much money…”

Prisoner Reentry

To reduce recidivism, states scrap barriers for ex-offenders, By Rebecca Beitsch, July 27, 2017, Stateline: “To ease prison crowding and rein in corrections spending, state legislatures are trying to help ex-offenders re-enter society with the goal of ensuring they don’t return to prison. People exiting prison often struggle to find work and housing, and many legislators say the law continues to punish them as they are hit with court debt and barred from entering certain professions and, in some places, from getting public assistance…”

Bail System – Illinois

Rauner signs law to change rules for paying cash to get out of jail, By Kim Geiger, June 9, 2017, Chicago Tribune: “Low-level offenders who have been arrested and can’t come up with enough money to get out of jail can get a rehearing of their bail amount, under a plan signed into law Friday by Republican Gov. Bruce Rauner…”

Court Fines and the Poor

An alternative to paying court debt: Working it off, By Rebecca Beitsch, April 4, 2017, Stateline: “When Steven Robinson first landed in county jail here for cocaine possession about a year ago, he had about $12,000 in court debt and his driver’s license had been suspended for more than 20 years because he never paid off earlier fines and fees. But Robinson, 47, and other inmates in the Albemarle-Charlottesville Regional Jail are allowed to do community service to work off the debt that they rack up in fines and fees on their way through the court system. By doing more than 1,000 hours of community service while serving time, Robinson has gotten his debt down to about $5,000…”

Bail System – California

Here’s how state lawmakers plan to reform the bail system in CaliforniaBy Jazmine Ulloa, March 26, 2017, Los Angeles Times: “State lawmakers have unveiled an ambitious plan to reform how counties in California set bail for defendants while they wait for their cases to be resolved or go to trial.  New language added Friday to bills by Assemblyman Rob Bonta (D-Oakland) and Sen. Bob Hertzberg (D-Van Nuys) would prevent criminal defendants from having to post money as a condition of release from jail and would shift some power from judges to pretrial services agencies to assess the risks they would pose if allowed out in the community…”

Children of Incarcerated Parents

How mass incarceration pushes black children further behind in school, By Melinda D. Anderson, January 16, 2017, The Atlantic: “In the summer of 1963, Martin Luther King Jr. delivered the closing remarks at the March on Washington. More than 200,000 people gathered to cast a national spotlight on and mobilize resistance to Jim Crow, racist laws and policies that disenfranchised black Americans and mandated segregated housing, schools, and employment. Today, more than 50 years later, remnants of Jim Crow segregation persist in the form of mass incarceration—the imprisonment of millions of Americans, overwhelmingly and disproportionately black adults, in local, state, and federal prisons…”

Prison Diversion Programs and the Poor

  • After a crime, the price of a second chance, By Shaila Dewan and Andrew W. Lehren, December 12, 2016, New York Times: “During the tough financial times of 2011, Marcy Willis, a single mother who raised five children in Atlanta, used her credit card to rent a car for an acquaintance in exchange for cash. But the man — and the car — disappeared, she said. Four months later, when Ms. Willis finally recovered the car and returned it, she was charged with felony theft.  As a first-time offender, Ms. Willis, 52, qualified for a big break: a program called pretrial intervention, also known as diversion. If she took 12 weeks of classes, performed 24 hours of community service and stayed out of trouble, her case would be dismissed and her arrest could be expunged, leaving her record clean…”
  • Alabama prosecutor sets the penalties and fills the coffers, By Shaila Dewan and Andrew W. Lehren, December 13, 2016, New York Times: “It was a run-of-the-mill keg party in an open field, until one guest, Harvey Drayton Burch III, objected to paying for his beer. Witnesses said Mr. Burch fired a gun over the crowd and began spraying Mace. With partyers fleeing, Mr. Burch jumped into the back seat of a car as it drove away.  The driver had a name well known in Henry County: Douglas A. Valeska II, the son of the local district attorney. When the car was stopped, a deputy found a loaded magazine and knife in Mr. Burch’s pocket, a gun and pepper spray in a backpack, and a pink pill on the floorboard. After Mr. Burch admitted to firing his weapon, he was arrested. The district attorney arrived to take his son and two other passengers home…”

Medicaid Coverage for Ex-Inmates

Signed out of prison but not signed up for health insurance, December 5, 2016, National Public Radio: “Before he went to prison, Ernest killed his 2-year-old daughter in the grip of a psychotic delusion. When the Indiana Department of Correction released him in 2015, he was terrified something awful might happen again.  He had to see a doctor. He had only a month’s worth of pills to control his delusions and mania. He was desperate for insurance coverage.  But the state failed to enroll him in Medicaid, although under the Affordable Care Act Indiana had expanded the health insurance program to include most ex-inmates. Left to navigate an unwieldy bureaucracy on his own, he came within days of running out of the pills that ground him in reality…”

Prisoner Reentry

AG Lynch: School system to run in federal prison system, By Kevin Johnson, November 30, 2016, USA Today: “Attorney General Loretta Lynch said Wednesday that a school system would be formed within the vast federal prison network as part of a series of efforts to drive down recidivism and create a clearer path for thousands of inmates to re-enter their home communities…”