New version of HB 313 doesn’t go as far as banning charitable bail funds outright (the original version did). But by limiting how much bail they can pay & for which charges, it subjects people who can’t afford their own bail to rules that don’t apply to people with means #kyga22
Charitable bail funds are needed in Kentucky because in the current pretrial system, a person’s ability to await trial at home rather than in jail is largely and unfairly dependent on which county they live in and whether or not they are poor kypolicy.org/disparate-just…
Charitable bail funds help to alleviate some of these injustices by assisting people who otherwise could not afford to pay their bail make the payment, and by providing community supports to help them appear in court and get the services they need.
Kentucky has low rates of pretrial release without financial conditions – just 40% of cases in 2018 compared to approximately 90% of individuals being released without being subject to money bail in Washington D.C. for instance.
With the majority of cases in Kentucky therefore being subject to money bail in a poor state, thousands of Kentuckians every year who have been convicted of no crime are forced to spend long periods of time behind bars just because they are poor.
Further, there is a wide disparity in rates of pretrial release without financial conditions by county, including contiguous ones public.tableau.com/views/Percenta…
For instance, in McCracken County just 5% of cases in 2018 resulted in release without being subject to money bail compared to 68% in Martin County and 64% in Barren County – a truly disparate system of justice.
Bail amounts are not consistent by offense or other factors either — so a $5,000 cap on bail amounts for charitable bail funds will also have a disparate effect
As an example of disparities in affordability in bail amounts: For cases subject to money bail in Hopkins County in 2018, 99% of cases subject to financial conditions resulted in pretrial release, while in Wolfe County, only 17% did public.tableau.com/views/Percento…
Research shows that pretrial incarceration is associated with numerous harms to individuals and families and contributes to jail overcrowding, which is dangerous and also costly, all while failing to make communities safer.
Individuals who remain incarcerated pretrial are more likely to lose a job, plead guilty even when innocent, and be found guilty if their cases do go to trial.
Charitable bail funds play a small but very important role in mitigating some of the inequities and injustices in our current pretrial system. Their role is important as we work toward larger system changes that make the system fairer and more just.
For more information about pretrial incarceration in KY see our report Disparate Justice kypolicy.org/disparate-just…
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