New Jersey Bails Out

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.

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.

In Palm Beach County, an automated system sends text-message reminders, instead of just postal mail notices, to people with upcoming court dates. About 14% of those jailed in the county were there on warrants for failure to appear in court, placing a burden both on the system and on people's disrupted lives. Since the system was started, warrants for failure to appear are down by more than half, although other factors are also at play. At the very least, every court appearance someone makes is one less public cost and private hassle.

Leading up to Father’s Day, Philadelphia criminal justice organization Frontline Dads raised money to bail out fathers. Inspired by the annual Mother’s Day bailouts that happen around the country, Frontline Dad aims to not just free father’s, but raise awareness about the issue of cash bail as well. Beyond bailing out fathers, participants will also have access to services like haircuts, counseling, and job placement assistance.

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.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.

In Chicago’s Cook County Circuit Court, a new order was introduced to ask judges to only assign bail that could actually be paid by the individual. This new order could reduce the number of people who are in jail due to their inability to pay the bail and opens the door for new strategies that are more effective in getting people to return to court.

The Defender Association of Philadelphia practices community-oriented public defense — also known as "holistic defense" — to connect clients with support services and resources that help address the root causes of crimes. The association works with social workers, investigators, and paralegals to get clients access to housing, food, jobs, and healthcare, as well as mental health and substance use treatment, with more than 150 people referred to treatment providers between September 2016 and January 2017.

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.

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.