Fighting to Reduce Bail in Philadelphia Criminal Court

Fighting to Reduce Bail in Philadelphia Criminal Court

The Cash Bail Conundrum

Under the cash bail system, defendants must pay money upfront to the court to secure their release pending trial. Bail is intended to ensure return to court without jeopardizing public safety. However, when bail is set extremely high, defendants who cannot afford to pay remain jailed pretrial.

According to recent analysis, the average bail amount in Philadelphia has nearly tripled since 2010 to almost $50,000 in 2016. With around 25,000 defendants arrested in the city each year, over 20,000 annually cannot afford their bail. On any given day, one in two people in Philadelphia jails are detained pretrial solely due to inability to pay.

Critics argue such widespread pretrial detention violates constitutional rights and leads to loss of jobs, housing, child custody and other devastating consequences – all for defendants still legally innocent. Jailing low-risk individuals also increases recidivism upon release.

Additionally, cash bail disproportionately impacts minorities. In Philadelphia, black defendants are detained pretrial at over three times the rate of white defendants.

“The cash bail system essentially criminalizes poverty,” said local activist James Williams. “It creates a two-tiered system of justice – one for the wealthy who can buy their freedom, and one for the poor who languish behind bars awaiting trial.”

The Bail Reform Movement

Various advocacy groups have coalesced around reforming Philadelphia’s cash bail system which they view as racist, classist and unconstitutional. Local organizers are lobbying courts and lawmakers to reduce reliance on cash bail through measures like:

Expanded Use of Risk Assessment Tools

Rather than setting bail based solely on the charges faced, courts could employ data-driven risk assessment tools to determine an individual’s statistical risk of non-appearance or re-arrest if released pretrial. Those deemed low-risk could then be released on non-monetary conditions like supervision.

“These instruments provide a more objective measure of risk rather than keeping someone in jail just because they can’t access $500,” explained local attorney Sara Howard.

Increased Use of Unsecured Bonds

With unsecured bonds, defendants are released without paying upfront but agree to owe the bond amount if they fail to appear in court. Unsecured bonds could replace cash bail for low-level charges.

Bail Funds

Non-profit community bail funds post bail on behalf of those who cannot afford it themselves. Activists want increased donations to these funds as an intermediate step toward larger reform.

Litigation

Groups like the ACLU of Pennsylvania are challenging cash bail systems as unconstitutional through impact litigation. A pending suit argues Philadelphia judges improperly consider ability to pay in setting bail.

Local Reform Efforts Underway

While cash bail reform faces resistance from powerful lobbies benefiting from the status quo, Philadelphia advocates have achieved incremental progress.

The Philadelphia Bail Fund

Founded in 2017, this pioneering non-profit pays bail for those unable to afford it themselves. Prioritizing individuals who identify as women or LGBTQ, the fund has grown from serving dozens each year to bailing out over 650 people in 2021 alone. Their efforts demonstrate most released pretrial attend court dates and remain arrest-free.

Bail Advocates

In 2018, Philadelphia launched a pilot program employing social workers as bail advocates to gather background information on defendants and make recommendations to magistrates regarding conditions of release.

Over two years, bail advocates facilitated the pretrial release of over 5,500 individuals. Those released with advocate recommendations were significantly less likely to commit new crimes or miss court dates compared to the general population.

The program also reduced racial disparities in release rates. Based on the pilot’s success, the city has continued funding bail advocates. Advocates hope data from the program provides further evidence to justify broader reforms.

Larry Krasner

In 2017, civil rights attorney Larry Krasner was elected Philadelphia District Attorney on a progressive platform including cash bail reform. Under Krasner, the DA’s office now often recommends release on unsecured bonds for non-violent charges.

Krasner also published an open letter calling on legislators statewide to abolish cash bail for minor charges and implement risk assessment tools. However, some activists feel the DA has not taken sufficiently bold steps around bail reform.

Ongoing Challenges

Despite local organizing, substantial reform remains unlikely absent action from Harrisburg legislators who control the statewide bail system. District attorneys and courts have limited power to unilaterally overhaul entrenched practices.

And while increased pretrial release would save taxpayer dollars long-term by reducing jail populations, short-term costs to expand supervision programs give some lawmakers pause.

Additionally, the bail bonds industry continues lobbying to protect its profits. Industry groups argue cash bail ensures court appearances and pays for court operations through bonds forfeited when defendants miss court. Abolishing cash bail could eliminate around $3 million in forfeited bonds annually in Philadelphia criminal courts.

“We strongly oppose any measures threatening the bail surety industry,” said Patrick Donnelly of the Professional Bail Agents of the United States. “Our services provide an invaluable benefit to the community.”

However, activists counter the industry profits from injustice and worsens socioeconomic inequalities.

The Path Ahead

Bail reform advocates have momentum but face ongoing barriers transforming Philadelphia’s cash bail system. While substantial change requires statewide action, local groups are laying the groundwork through public education, demonstration projects and legal challenges.

“Fixing these problems is an uphill battle,” acknowledged local organizer Tanya Jones. “But we must keep fighting so low-income and minority communities no longer suffer under an unfair, racist system.”

Through perseverance and creative solutions, advocates hope Philadelphia can pioneer alternatives to cash bail that enhance system fairness – serving as a model for national reform.