What's Happening in Pretrial Justice? April 2023

We’re pleased to announce the return of PJI’s monthly newsletter, featuring the latest pretrial news curated by our in-house librarian, Wendy Shang. Our comms team will deliver these emails to you every 4 weeks (or so) with curated content for pretrial changemakers; plus, the latest PJI courses, events, pubs and more. See a sample of the news update below—and subscribe here to get them delivered straight to your inbox.

New York State of Mind. In spite of two rollbacks, New York pretrial reforms, which removed money bond for most people charged with misdemeanors and nonviolent felonies, are having an impact on jail populations. Fwd.us reports that in the two years following implementation, 24,000 fewer people have had a money bond set, resulting in poor and working class families holding on to a collective $104 million. Nearly 2 million nights in jail have been avoided, and pretrial populations have decreased by 15%. However, racial disparities in NYC jails have increased, according to this report from the Data Collaborative for Justice.

Midwest Maneuvering. In 2022, Ohio voters amended their constitution to allow factors such as public safety, the seriousness of the offense, and a person’s criminal record to be considered when setting bond amounts, in a successful attempt to undermine a recent state Supreme Court decision that would have reduced detention resulting from unaffordable money bonds. (For a discussion of what happened in Ohio—and how to avoid it—check out this article by Nikki Baszynski from the Wren Collective.)

Meanwhile in Wisconsin… On April 4, Wisconsin voters approved two ballot measures to lower standards for setting bail conditions and bond amounts in the state constitution. Under Question 1, judges may consider concerns of “serious harm” in setting bail conditions. Under Question 2, courts may set money bond as part of a “totality of the circumstances” analysis, including current or past charges of violence. The current law allows setting of money bond only with regard to appearance concerns.

Diversion Perpetuates Inequality. A new research roundup from the Prison Policy Institute highlights the ways that access to diversion programs perpetuate racial disparities—in part, due to requirements such as program fees and little-to-no prior criminal history; plus a wide berth for subjective decision making over who is “worthy” of diversion. A 2021 study in Tampa, for example, found that qualified white people were more likely to be diverted to a pretrial drug diversion program, compared to qualified Black or Hispanic people.

Going Toe to Toe in Illinois. On March 14, the Illinois Supreme Court heard arguments in Rowe v. Raoul over challenges to the Pretrial Fairness Act, which completely eliminated money bond in Illinois. (Illinois ended commercial bail bonding in 1963.) Briefs for both sides can be found here, and a recording of the oral arguments can be found here. A decision is expected in May.

Powers of Observation. Zealous, an organization seeking to challenge injustice through media, storytelling and the arts, has released a powerful animated video, The Court Watchers. Narrated by actor Jesse Williams and scored by court watcher and musician Fiona Apple, this video shows how systems and people can be transformed by the act of observing court.

Continuing George Floyd’s Legacy. Fueled by an outpouring of support after the murder of George Floyd, the Minnesota Freedom Fund now has a political action arm, Minnesota Freedom Fund Action, or MFF Action. Their current campaigns include ending money bond for misdemeanors, mandating collection of pretrial data and funding a study on bail.

Nation’s Largest Jail System Under Fire. Civil Rights Corps, Public Justice and several private firms have brought suit against the cash bail system in Los Angeles, seeking emergency relief to end the use of bail schedules and the jailing of people because of their inability to post bail. Plaintiffs in Urquidi v. Los Angeles include members of CLUE (Clergy and Laity United for Economic Justice), who seek to stop the use of their tax dollars to fund these unconstitutional practices.

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