Why New York City Created Its Own Fund to Bail People Out of Jail

The Minnesota Freedom Fund has ramped up its spending to pay bail for people with low-level charges. The COVID-19 threat has added urgency to this increasingly popular response to the cash bail system. With jails and prisons posing a great threat to inmates during a pandemic, there have been increased calls to release non-violent inmates to slow the spread and protect those experiencing incarceration.

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.

Felons get out of jail owing hundreds or thousands of dollars in court and parole fees, acting as an often insurmountable barrier preventing them from reintegrating into society and staying out of jail. What's worse, these fees often end up costing the state more than they produce. Two columns on a program called the Clapham Set, which erases or reduces debts for felons who take classes and job training.

Rampant misconduct by judicial systems across the country brought to light a crippling practice of debtors' prisons—where disadvantaged individuals unable to pay fines and fees were continually and wrongfully imprisoned, creating a vicious cycle. The American Civil Liberties Union stepped in to work with governments and private companies to increase transparency, eliminate abuse, and reeducate law enforcement officials. The state of Ohio has emerged as a leader in reforming debtors' prisons, though there is still work to do.

Solitary confinement was once thought of as one of the only effective punishments for violent prison inmates. As more research surfaces showing the severe damage it does to mental health, the racial bias of those placed in solitary, and its relative ineffectiveness, more cities, like New York City, are exploring alternatives to the practice. In places such as Denver, Chicago, and San Francisco, rather than invoking a punitive approach, city officials are offering positive reinforcement – and seeing positive results.

The state of Mississippi has taken drastic steps in reforming their criminal justice system, pointing to a nationwide cultural shift as a driving force. State legislation, such as expanding parole eligibility, eliminating mandatory minimum sentences, and barring licensing boards from discriminating against individuals who used to be incarcerated are just a handful of policies the state has championed. The reform has led to a prison population decrease of 11% and state savings of $46 million

Durham County relieved hundreds of outstanding traffic fines in an effort to restore suspended driver's licenses. The program, called Durham Expungement and Restoration (DEAR), "identified more than 11,000 people eligible to have outstanding fines dropped" from charges resulting from court absence or inability to pay a traffic ticket.

One of the most powerful tools used to reform policing practices, widely credited with restoring public faith in such troubled departments as the Los Angeles Police Department, is called a consent decree. The U.S. Justice Department sues cities where police abuses are seen as rampant. Then, under the watchful eye of a judge and independent monitor, the department agrees to a package of reforms. Under the Trump Justice Department, though, the tool has gone unused in new cases. In existing cases, the government has become passive, allowing cities to flout their agreements without consequence.

Almost half of U.S. states guarantee citizens’ rights to petition for ballot measures, but the coronavirus made gathering signatures in person infeasible. Massachusetts courts allowed electronic signatures, but other states have not approved virtual citizen initiative campaigns. Ballot initiatives allow citizens to advance solutions and enact structural changes without relying on support from elected officials. MA groups used DocuSign to gather 30,000 signatures to get a proposal for ranked choice voting on the ballot. Not all MA groups were able to quickly or successfully pivot to the e-signature process.

Without federal oversight, prisons are left to their own devices to determine what sort of health care they want to provide. That, combined with limited funding and resources, often leads to low-cost privatized health care that doesn’t necessarily have safeguards or patient-centered interests. While an increasingly complex issue, the response of privatized health care for inmates requires reform, but won’t get there unless the sheriffs that oversee these prisons embrace them.