The Criminalization of Bail Fund Programs and Its Implications for Pre-trial Detainees

Have you been participating in protests, and do you have cash bail ready? The Georgia Senate recently passed a controversial Republican-backed bill that would criminalize state bail funds and expand the list of charges that require cash or property bail for pre-trial detainees held at incarceration facilities. The legislative move comes amid ongoing protests against the construction of the Atlanta Public Safety Training Center, dubbed “Cop City” by its critics, which will be used for specialized training for both law enforcement and fire department service workers.

The bill adds approximately 30 charges that would be ineligible for release without a property or cash bond; which is inaccessible for most people as food, housing, fuel, medical, and basic necessities have skyrocketed in costs since the pandemic. These charges include unlawful assembly and obstruction of a law enforcement officer, and racketeering and conspiracy -charges that have been made against several “Cop City” protesters.

At least 61 people have been charged for allegedly violating the Racketeer Influenced and Corrupt Organizations (RICO) Act in connection with protests over the controversial training center. Three activists involved in a bail fund, the Atlanta Solidarity Fund, that posted bond for protesters arrested in connection to “Cop City” were also recently charged with charities fraud and money laundering for allegedly “misleading contributors by using funds collected through the Network for Strong Communities, which runs the Atlanta Solidarity Fund, to fund the actions of Defend the Atlanta Forest,” according to the Associated Press. The bill would also make it a misdemeanor for “any individual, corporation, organization, charity, nonprofit corporation, or group in any jurisdiction” to submit more than three cash bonds per year.

This would make it harder for local advocacy organizations like Southerners On New Ground to bail out Black mothers and caregivers on Mother’s Day, or for groups like the Atlanta Solidarity Fund, or any other bail fund organization to aid protesters who have been arrested during demonstrations. Bail is the money a defendant must pay to get out of jail while they await a trial, according to legal research database Justia. It’s collateral for the court to ensure that the defendant will return for the remainder of their criminal trial.

So, why does this matter? As we have seen in recent years, and especially since October 7th, many people have been been protesting the inhumane treatment of folks being treated like prisoners across the globe. Thus, we must also advocate for the fair treatment of all those detained in our incarceration facilities across this Nation who also stand accused but have not have the opportunity for a fair chance to be heard or receive justice.

 

#LetsHARPaboutIt #StopPoliceBruality #EndTheViolence

Referenced Article: https://www.msn.com/en-us/news/crime/a-new-bill-in-georgia-could-criminalize-bail-funds-expand-cash-bail/ar-BB1hHg3L

 

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Winnie Okello