The Bail Industry and the Criminalization of Poverty in North Carolina

In theory, debtor’s prisons in the United States have been abolished long ago.  In practice, however, the criminalization of poverty is a common problem.  North Carolina is no exception.  Not only are people often jailed for the inability to pay court fines and fees, but they are often subject to the arbitrary and unnecessary imposition of bail that they are unable to pay.  As a result, defendants are often held in jail for minor charges regardless of a lack of danger to the public or flight risk.This runs contrary to North Carolina law.  Despite the supposed presumption of innocence in the United States, people are jailed without having been found guilty of a crime simply because they are poor.

Being incarcerated even for a short time can wreak havoc on individuals, families, and communities.  It can lead to loss of employment, loss of parental rights, and loss of housing.  It destabilizes people who are already likely to face precarious financial situations.

The for-profit bail industry provides options for some individuals who are able to pay a bail bondsman, but can lead to exploitation and debt.  Paying a bail bondsman will allow an individual to pay only a small fraction of their bail, which is guaranteed by the bond company.  Bail bondsmen tend to favor higher paying defendants, so that defendants with lower bail are unable to find some who are willing to engage with them because it is not profitable.

Of North Carolina’s 100 counties, 22 have pre-trial release programs that help save money that would otherwise be invested in jailing people.  These programs work with courts to allow release of individuals who do not present a flight risk or danger to the community, are first time defendants, or are facing less serious charges.  The programs are largely funded by nonprofits but also by the individual counties.  Unfortunately, the bail bond industry has made efforts to limit or eliminate pre-trial release programs.  The industry possesses a great amount of political power.  It has made copious amounts of political contributions to lawmakers, some of whom are bail bondsmen themselves.

Thankfully, local North Carolina civil rights groups have not chosen to stand by idly while the rights of poor justice involved individuals are being compromised.  A coalition of groups has begun meeting to exchange ideas, to share successes in the fight against the bail industry, and to strategize for ongoing work.  To name just a few, the coalition includes the Carolina Justice Policy Center, the North Carolina ACLU, the North Carolina Justice Center, Southerners on New Ground, the Center for Community Self-Help, and the Center for Responsible Lending.

At the February meeting, Southerners on New Ground presented about their involvement in the national Mama’s Day Bail Out.  This event involved bailing out Black mothers to bring them home in time for Mother’s Day.  The event drew national attention to the plight of individuals who are too poor to pay their own bail, as well as to the effect that their incarceration has on their families and communities.In Durham, SONG bailed out 14 women from the Durham County Jail.  To celebrate Black August, SONG bailed out 9 more women.  These bail out events are part of a strategy to push for various reforms.  SONG is calling upon key decision-makers to stop incarcerating people based on their finances, to allow for careful and individual pretrial decision-making that allows for community input, and to assesses people’s needs to get back to court in order to invest in meeting them.

Other organizations in the coalition are doing work ranging from researching the impact of the bail bond industry, researching and drafting model legislation, litigating, and pushing for policy reform.  The Carolina Justice Policy Center is proud to be working alongside these organizations to help stop the criminalization of poverty in North Carolina.  We hope to serve as a resource for you as you get educated about this issue, so that you can stay informed about how you can join us in this struggle.

Article Highlights Changes Necessary to Prevent Excessive Use of Force in Police Departments

As the topic of police brutality becomes more widely discussed, police departments are taking proactive steps to reduce excessive use of force. In a recent article by the Washington Post, authors examine what it takes to reduce deadly shootings. Some measures being adopted by police departments include the adoption of clear strong policies, adequate ongoing training that provides opportunities to practice in scenario-based exercises, and changing the culture of departments to reward successful de-escalation. The article describes various police departments that have been successful in reducing the use of force using these strategies. To learn more, click here.

U.S. Imprisonment Has Dropped Since 2008 Peak

The U.S Imprisonment rate has dropped 11% since peaking in 2008, according to the Pew Charitable Trust Public Safety Performance Project. This marks the lowest rate since 1997. The decrease has coincided with long-term reductions in crime. Since 2008, combined national and property crime rates have dropped 23 percent. 36 states have experienced this decrease in imprisonment, with declines of 15 percent or more in more than 20 states. To learn more, click here.

CJPC Assesses Needs of Returning Citizens as Part of State Reentry Council Collaborative

The State Reentry Council Collaborative was created by the General Assembly to study the needs of individuals with criminal records as they return from correctional institutions. The goal of the council is to improve the effectiveness of local reentry councils. Members of the council include various governmental agencies, faith-based and community-based nonprofits, and local reentry council intermediary agencies.

On Tuesday, February 6th, the council met to continue its important work. Governor Roy Cooper and Attorney General Josh Stein were in attendance. The council is divided into work groups which examine specific needs, including housing, transportation, employment, mental and physical healthcare, educational and vocational training, faith and community based support, advocacy and communications, family reunification and support, and legal assistance. Carolina Justice Policy Center serves on the advocacy and communications workgroup, with the goal of educating the public about the needs of returning citizens and how successful transition is critical to public safety.

Democracy NC Provides Voter Information Cards for Women

Inspired by the 2018 Women’s Marches focused on taking women’s “power to the polls”, Democracy NC has created “Women Vote in 2018” postcards for distribution. The cards feature important information about this year’s justice elections, including elections of sheriffs, judges, and district attorneys in 2018. Postcards should arrive a few days after submission of an order and are provided for free. For a preview of the postcard, click here.

Judicial Redistricting On Hold…For Now

After what seemed like a special session with no end, the North Carolina General Assembly finally adjourned on February 13, 2018. The good news is that opponents to the proposed judicial redistricting plan were able to stave off a vote that has the potential to drastically change the diversity and make up of the North Carolina judicial branch. The bad news is that when NCGA returns to session in May, or possibly before, this debate will quickly heat up again.

CJPC will keep you up to date on this important issues. For a quick overview of where things stand, click here.