Helping Poor Defendants Post Bail in Backlogged Bronx

Across the United States, Black Mama’s Bail out bailed out hundreds of black women in time for Mother’s Day. The organization accepts donations to pay bail for women cannot afford it on their own as part of their larger goal of ending the cash bail system and mass incarceration. Research shows that while black women are increasingly one of the largest groups of incarcerated individuals, and yet simply posting bail has led to a majority of these cases being dropped.

The Detroit Justice Center is providing a comprehensive approach to breaking the cycle of poverty in the county. The nonprofit law firm provides immediate support, like paying back child support and posting the cash bail payments that keep those experiencing poverty trapped in a cycle of debt and imprisonment. The group also aims high in their larger efforts to disrupt the criminal justice system, like suing the county to prevent the building of a new jail complex, and provides their clients and the community the chance to reimagine what the city could look like with transformative and economic justice.

Participatory defense, is a model that integrates the family into the legal defense of someone being prosecuted for a crime. Loved ones can bring in evidence like photos and records that speak to the character of the accused person. In Philadelphia, the model is being implemented and already helped reduce someone’s bail from $500,000 to $0. Nationally, the method has been proven to be highly effective. “Over 10 years, participatory defense hubs have popped up in 20 other cities and reduced people’s sentences by 4,218 years.”

As incarceration rates of women in America continue to rise, Still She Rises, a project of the Bronx Defenders, uses a holistic approach to legal defense for incarcerated mothers in Tulsa, OK. Attorneys for the organization investigate injustices in cases and represent local, often impoverished, mothers, who face losing custody of their children in the face of the law.

After California legalized recreational use of marijuana, Los Angeles took the initiative even further to address the social and systemic inequity caused by the war on drugs of communities of color. The city undertook criminal justice reforms like clinics to help people expunge their records, and economic reforms like prioritizing those with past convictions to receive licenses to own and operate dispensaries. Furthermore, LA is practicing restorative justice by directing the tax revenue created by this sector back into the neighborhoods that were deeply affected in the past.

New Jersey has eliminated cash bail and will instead make a determination, driven in part by computer algorithms, on whether someone is likely to commit another crime or not show up for their court date. This eliminates a system where more than a third of people awaiting trial were behind bars only because they could not afford bail. If a judge does decide to hold someone in jail, another reform kicks in assuring a speedy trial by setting required deadlines for cases to be heard.

In 2018, San Francisco county forgave $32 million worth of criminal justice administrative fees. These fees are issued to formerly incarcerated individuals upon release from prison, most of which are not employed and without stable housing. The coalition pursuing this policy change cited economic justice for those that have already paid their societal debt and an overall state savings in collection costs as the primary reasons to end this practice.

A digital tool called Restore Your Vote launched in the summer of 2018 to help ex-convicts understand their voting restoration status after re-integrating into society. The initiative, which has been piloted in Alabama, aims to reduce disenfranchisement in ex-convict communities by targeting unclear language, misinformation, and lack of access to education.

Community development programs in cities around the country show how using connectedness and equity as focal points in sparking community change can be successful and sustainable in the long-term. From a Brooklyn grassroots environmental justice organization sustainably rebuilding after Superstorm Sandy to a coalition of nonprofits in Richmond fueling public participation in renewable energy awareness, these entities rely on relationships, equity and bonding over shared communities to foster solutions.

Many offenders get out of jail owing hundreds or thousands of dollars in court and parole fees but face barriers to financing and job acquisition, sticking them in a punitive, vicious cycle of debt and arrest. A program called the Clapham Set, perhaps paired with conditional cash transfers - may be a solution, as it erases fees for felons who complete rehab and job training upon release.