MEMPHIS, Tenn. — Back in July, a group of Shelby County residents rallied for bail reform. They said too many low-risk inmates were being held in jail because they couldn’t afford bail.
Now, some of those organizations helping are moving forward with their demands.
They refuse go unheard.
The Wharton Law Firm, ACLU of Tennessee and activist organization, Just City, sent a demand notice to Shelby County for bail reform.
“It lists out what we think are the problems in the money bail system in Shelby County,” said Josh Spickler, Just City Executive Director.
Spickler said prior to having trial, many inmates are in jail simply because they can’t afford bail. He said that is unconstitutional.
“Shelby County sets a price tag for people who want to get out of the jail,” said Spickler. “When they do that, there’s absolutely no effort to determine whether the person can afford to pay that or not. That is a key part of the system by law and by constitutional standard... You cannot detain people simply because they’re poor.”
In fact, Spickler said it violates state law.
“State law requires us to consider release before we consider other ways of making sure you come to court. Those ways mean keeping you in jail. Money bail is the last option by law,” said Spickler.
A demand letter to the county comes after more than a year of research into Shelby County’s justice system.
ACLU's Andrea Woods said it is time to explore other options for low-risk inmates.
“Instead of imposing upfront bail requirements, which actually don't do very good at ensuring court appearance and keeping the community safe, judges should consider things like widespread court reminders, transportation assistance, the ability to appear in court remotely if possible, and unsecured bonds - which is basically a bail amount that you only ever owe if you fail to appear in court or make a mistake,” said Woods, ACLU Criminal Law Project Staff Attorney.
“The studies show that when people get out on pretrial release, they are less likely to come back into the system once that case is disposed. It’s a win-win if we get this right,” said Spickler.
They also said it does less harm to families and saves the county money.
“We're not asking for a complete reinvention of the wheel, we're asking for a new approach to the system is already in place,” said Woods. “We really hope what's next is a serious conversation with the folks who have the ability to change the system.”
If not, the three groups plan to file a class action lawsuit.
They are requesting a response from Shelby County before the end of December.
ABC 24 reached out to the county. In a statement, Shelby County’s Mayor Office said, “Our current money bail system is a function of state law and our judicial system. We support reform that reduces the criminal justice system’s reliance on cash bail. A person should be held in detention because they pose a risk to public safety, not because they are poor.”