How nonprofits are getting people out of metro Detroit jails during COVID-19 pandemic

In its first year, Operation Liberation helped more than 30 people post bail to be released from the Jackson County Detention Center. The operation focuses on bailing Black people out of jail when their lack of money keeps them jailed on low-level charges. Kansas City's population is about one-quarter Black, but its jail skews 58% Black. Operation Liberation provides social supports to people once they are released from pretrial detention, helping with everything from housing to transportation. Its first year's work was funded by more than $75,000 in donations.

The spread of COVID-19 in jails prompted many releases from custody and a surge in donations to bail funds that pay for people's release. But those fixes have done little to address the underlying challenges of detaining millions of people before trial, either because they cannot afford cash bail or because risk-assessment tools deem them a threat to public safety or unlikely to return to court. In two South Florida jails, the struggles over containing the virus, providing due process to criminal defendants, and ensuring public safety have brought the debate into sharper focus.

A key part of New York state's bail system reform legislation gave judges the ability to use alternative forms of bail designed to be more affordable to more people. But, by giving judges broad discretion, the law left large loopholes that judges have used to undercut the law's purpose. In addition to the two standard forms of bail – payment in cash or a nonrefundable fee to a bail bonds company – the law allowed for cost-free or refundable-deposit bonds that judges either have avoided using or have turned into a new costly obligation, leaving thousands to sit in jail pending trial.

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.

The Bail Project is posting bond for men and women who cannot afford to pay and haven’t been convicted of a crime. Based in Detroit, the nonprofit has locations across the country and uses a revolving fund to bail out individuals, meaning once the bond is recovered, the funding is then available for another person. Its Detroit location has bailed out nearly 200 individuals in an effort to end mass incarceration and prove that holding people – most of whom are people of color or experiencing poverty – does not diminish recidivism.

Across the United States, individuals and organizations are seeking to shift the criminal justice system through District Attorney elections. From online communities like colorofchange.org, which seeks to support grassroots election efforts, to individuals like Minnesota’s Mark Haase, who is running on a platform of diversity and inclusion, to the Texas Organizing Project that wants to empower Black and Latinx communities, each of these missions seeks to create more equity and transparency in the criminal justice system.

Pennsylvania prisons' relatively uncrowded conditions and approach to releasing people early when the pandemic hit have limited deaths in its prisons, making people incarcerated in Pennsylvania less than half as likely to die of COVID-19 as free Pennsylvanians. In neighboring Ohio, where COVID cases appeared simultaneously, the prison death rate has been nearly seven times higher than Pennsylvania's. Ohio's prisons are far more crowded, they rely much more on dorm-style housing, and their early-release rules were much more restrictive.

Cleveland’s city jail has released close to 900 inmates in order to prevent the spread of COVID-19 in its overcrowded facilities. And the response isn’t unique – New York, LA, Detroit, Chicago, New Orleans, and Houston are just a few of the other cities that have taken similar measures. While an immediate response to the pandemic, advocates say the release of low-level offenders could bode well for larger prison reforms that have been slowly taking hold.

1,875 cameras and 915 microphones is what it took to change a culture of abuse in Attica State Prison, notoriously known as one of the worst places to serve time in amongst prisoners. Since the installation of the cameras, incident reports against corrections officers dropped 80 percent.

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.