Minnesota Freedom Fund Bails Out Those Who Can't Afford It

Crowdfunding initiatives in Philadelphia offer an alternative to the cash bail process that disproportionately affects African Americans in problematic ways. “Community bail fund activists” raised almost $60,000 for Black Mama’s Bail-Out Day. Now, they are scaling the effort into a Philly Community Bail Fund to help not just Black mothers, but any of the poor, who are detained and kept away from their families and jobs while they await trial. Other crowdsourcing initiatives are springing up in the city, and all are needed to address the problem.

In his first months as the New Orleans district attorney, Jason Williams has pushed a prosecution-reform agenda that not only limits who gets sent to prison on the front end, but also takes a backward look at who should be let out of prison. Nearly two dozen people convicted by non-unanimous juries have been granted new trials. Some people have been granted early release from prison after conviction under unduly harsh sentencing laws that no longer will be enforced. Williams' ultimate goal is to restore community trust so that necessary prosecutions have community support.

Nearly three decades after Washington voters made their state the first to enact a three-strikes law, imposing life imprisonment for repeated, serious offenses, some prosecutors have found ways to avoid the law's effects that are seen as unduly harsh or racially biased. Some have interpreted a law authorizing resentencing to apply to three-strikes cases. Others have pushed the governor to grant clemency more often. This new willingness to question the law's effects is not universal among prosecutors, and the state Supreme Court soon will weigh in on the issue.

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.

Releasing tens of thousands more misdemeanor defendants from jail without requiring cash bail had no measurable effect on crime rates in Texas' most populous county. To settle a lawsuit that claimed cash bail unconstitutionally discriminated against people on the basis of wealth, Harris County established a set of reforms abolishing cash bail in most misdemeanor cases. Court-appointed researchers monitoring compliance with the settlement found re-offending rates remained stable while racial disparities in who gets released improved. Not tested yet was compliance with court appointments.

A nonprofit consulting firm, Prosecutor Impact, advances the cause of reducing incarceration and related reforms by helping reform-minded elected district attorneys confront one of the greatest obstacles to change: their own staff's opposition. In Columbus, a two-week curriculum educated front-line prosecutors about local services that can serve as problem-solving alternatives to punishment. It also taught them about poverty's challenges and engaged them in dialogue with prisoners, to make them more open to alternative approaches, which a local defense lawyer says was successful.

In Texas' Harris County, the state's most populous county, a grassroots collective of criminal justice activists contributed to a political shift that led to reforms in prosecutions, jails, bail, and policing. Inspired by the movement sparked by the death of Michael Brown in Missouri in 2014, groups such as Houston Justice and the Texas Organizing Project backed the election of a reform-minded district attorney, who turned toward community collaboration and away from tough-on-crime solutions. The new DA, plus favorable court rulings and state laws, softened the country's rough-justice reputation.

From North Carolina to California, states and cities are taking a new approach to fines and fees – people are having their charges dismissed, warrants for minor offenses cleared, and many municipalities are actually saving money by spending less on collections. With a system that was built because it provided cities and states with revenue, there has been a realization that it disproportionately targets communities of color and often keeps people stuck in cycles of debt. With this national awakening, resources and networks are being created so other places can implement the same change.

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.

Between the opposite extremes of jailing too many people unnecessarily before trial or releasing too many unsupervised, New York City judges in 2016 began to use a "supervised release" option. In the first three years, the program's 11,000 defendants showed up for court dates 89% of the time while 8% were rearrested for new felony crimes. The program, which requires people check in regularly with a case manager, helped reduce the jail population by more than a third. The approach tries to balance the needs of public safety with the reality that even a short jail stay carries its own social harms.