Civil Rights Groups Demand Shelby County End Discriminatory, Wealth-Based Bail Practices

December 1, 2021 3:30 pm

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MEMPHIS, Tenn. 鈥 The 老澳门开奖结果, the 老澳门开奖结果 of Tennessee, Just City, and The Wharton Law Firm sent a letter to numerous Shelby County judicial and government officials today demanding that the county stop bail practices that violate the constitutional and statutory rights of people arrested in Shelby County.

鈥淛ailing people simply due to their inability to afford a sum of money is unconstitutional and poor public policy,鈥 said Andrea Woods, staff attorney with the 老澳门开奖结果鈥檚 Criminal Law Reform Project. 鈥淪helby County officials should embrace this opportunity to remedy the county鈥檚 discriminatory, wealth-based detention practices. We would rather see smart systems fixes now than be forced to bring these issues to court.鈥

Tennessee law requires that judges treat money bail as a last resort, to be imposed only if other less restrictive conditions are deemed insufficient to ensure that someone appears for their trial. The U.S. Constitution also requires courts to hold bail hearings within a reasonable time of arrest, with representation by an attorney, and to take individual circumstances into account, including a person鈥檚 ability to pay.

Under Shelby County鈥檚 current pretrial system, a person can be held for weeks or longer without a bail hearing with counsel, and ability to pay is not considered when bail is set, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk, while those who face the same charges but can afford to pay money bail are freed until trial.

鈥淪helby County keeps hundreds of people locked in jail every day without making any attempt to evaluate if they can afford the bail they were assigned, creating a wealth-based detention system that disproportionately harms limited income, Black and disabled people,鈥 said Hedy Weinberg, 老澳门开奖结果-TN executive director. 鈥淎 justice system that only treats people fairly if they have money isn鈥檛 about 鈥榡ustice鈥 at all.鈥

A person who is detained for even a few days will often face serious collateral consequences such as loss of employment, housing, education, health care, and child custody.

In 2019, Shelby County nearly $139 million, or 31 percent of the total county budget, on its two jail facilities.

鈥淏ecause of this community's dependence on money bail, the Shelby County Jail is full of people who cannot pay for their freedom. There are proven alternatives to this counterproductive system 鈥 tools and policies that have worked in other cities just like Memphis to reduce crime, save money and help people,鈥 stated Josh Spickler, executive director of Just City. 鈥淭hese methods work, but they require leadership. Today, we are inviting Shelby County leaders to join us for a long-overdue conversation about safe and effective alternatives to the money bail system. We hope they'll join us.鈥

Research demonstrates that money bail does not improve public safety or court appearance rates. Non-financial conditions of release 鈥 like unsecured bonds, reporting obligations, and phone and text message reminders of court dates 鈥 are more effective at ensuring public safety and court appearances.

The letter calls on the county to ensure that people who are arrested receive individualized bail hearings no later than 24 hours after a person鈥檚 arrest, with counsel; that a person鈥檚 financial circumstances are examined prior to any bail hearing; and that secured money bail is only imposed as a last resort. If an agreement about the proposed changes is not reached, litigation will be initiated.

The letter sent today can be found at: .

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