Rethinking bail as a new path toward criminal justice

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Criminal justice reform advocates contend using alternatives to cash bail will make for a more equitable system without compromising public safety.

A new report examines bail reform and its potential impact in North Carolina and nationwide.

Advocates said bail reform aims to remove the influence of money from decisions about releasing defendants awaiting trial, focusing on factors such as the likelihood of returning to court and potential threats to the community.

Ames Grawert, senior counsel at the Brennan Center for Justice and the report’s co-author, said despite critics linking bail reform to rising crime during the pandemic, data show no direct connection between the two. Instead, he noted moving away from cash bail could pave the way for a fairer justice system.

“People who are Latino or Black and accused of crimes, their bail amounts tend to be set higher,” Grawert pointed out. “This can be a huge burden to those communities because even if someone is able to secure a bond, like a bail bond, rather than pay the amount of money required by the court outright, those bonds can often come with very high nonrefundable fees.”

Grawert noted it can trap people in a cycle of debt or prolonged pretrial detention simply because they cannot afford the costs. The report showed even when given the option to pay bail, only 33% of Latinos are able to afford it.

The study also highlighted how bail reform could help reduce the collateral damage of incarceration, which often limits access to essential services and increases the likelihood of recidivism.

Grawert observed states like New York have already seen success with its bail reform efforts.

“These sorts of pretrial supervision services can be very successful in helping reduce unnecessary pretrial detention while preserving public safety,” Grawert said. “The catch is they have to be adequately funded. They have to have professional staff, and that can’t be taken for granted.”

The report urged policymakers to invest in alternatives to cash bail and provide support for pretrial services like supervision programs as well as increased access to mental health and substance abuse treatment.

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