In 2016, Hamilton County ended cash bail and instead did a “risk assessment” for each case. After evaluation in 2018, officials said the program kept low-risk offenders out of jail, and kept high-risk offenders locked up until trial.
State Sen. Karen Tallian is working to pass a statewide ban on cash bail for misdemeanor charges through Senate Bill 222. The bill, authored by Tallian, would not apply to someone with a felony record or someone who is accused of putting someone else in danger, such as driving under the influence.
Cash bail is an issue affecting people nationwide. Roughly 29% of people sitting in jail nationwide have not been convicted, according to researchers at Prison Policy Initiative. An overwhelming percent are people of color, with Black Americans making up 43% of detainees awaiting trial. Some weren’t eligible for bail due to the severity of the crime they’re accused of. Others, however, simply can’t afford bail.
“People are just held there because they haven’t been able to make bond,” Tallian said. “Most of them are misdemeanor charges, and it affects poor people and people of color more than any other group. … This bill basically says you should be able to get out if you’re not a violent criminal or flight risk.”
In the age of COVID-19, advocates view keeping people in jail before trial as a civil rights issue.
In August 2020, 64-year-old Preston Chaney died of COVID-19 in a Texas jail. He was only there because he couldn’t afford his bail set at $100. In February, Alec Karakatsanis, founder of Civil Rights Corps, filed a federal lawsuit against Texas courts for “effectively holding people in crowded jails because they were too poor to afford bail.”
This is cause for concern in Indiana, where the COVID-19 case rate is four times higher for incarcerated people than the general population, according to Prison Policy Initiative.
The bill hasn’t been heard by the full Senate this legislative session, which doesn’t surprise Tallian. This isn’t a new fight for her. As a member of the Justice Reinvestment Advisor Council, Tallian has been advocating for bail reforms for years. While she said the general public overwhelmingly agrees with her stance; it’s usually prosecutors who are her biggest adversaries.
Here in Indianapolis, Tallian has an ally in Marion County Prosecutor Ryan Mears.
“Whether or not someone should be held in custody should be a discussion about public and personal safety, not financial means,” said Mears, who previously made headlines for directing his office not to prosecute marijuana possession charges and those charged with breaking Mayor Joe Hogsett’s curfew during the 2020 protests.
In his experience as a prosecutor, he’s seen the “significant” role poverty plays in the criminal justice system.
Criminal justice researcher John Rowling found that poor neighborhoods, particularly predominately Black low-income neighborhoods, are policed far more than wealthier or predominately white areas. On average, police stops in low-income neighborhoods occur 10 times the rate in wealthier areas. Essentially, those living in low-income areas are more likely to be charged with a crime, not because poor people commit more crime, but because they’re more likely to be caught. Mears said poverty also plays a role in who judges decide to sentence and often impacts the ruling due to limits on the legal team someone can afford.
However, Mears noted there are “crimes of poverty,” such as theft, because those who go without often struggle to survive. He believes working to raise people out of poverty would reduce crime rates in the city overall.
Addressing Tallian’s point, Mears said prosecutors who are against a limit or end to cash bail often believe bail keeps them “safe” — if a person gets out on bail and commits another crime, it could look like a failure of the justice system. However, Mears said it’s best to look at cases individually — not a detainee’s economic status — to determine if someone is a risk upon release.
Contact staff writer Breanna Cooper at 317-762-7848. Follow her on Twitter @BreannaNCooper.
