Wondering why people are talking a lot about bail bonds? Here's a quick overview on how the bail bond system contributes to mass incarcerations that disproportionately impacts POC. AKA why/how why it is a systemically racist institution and what you can do.

After someone is arrested, they typically have 24h to see a judge. Judges can then do a number of things including just letting someone go with the promise to return for their court hearing. Most severely they can determine them a flight risk and detain them until court.

The middle ground option is that the defendant can post a bail, which is essentially a deposit on their promise to return for their court appointment. If they return, they get the money back, if they don't the court keeps it (minus court fees which can be hundreds).

There are different kinds of bails, but let's focus on the two most common types. The first are cash bails. Cash bails require immediate cash (or cashiers check) to the court. According to Vox the median cash bail amount is 10k.

The second type is called a surety bail bond, and in this case the defendant pays a portion of their bail, usually ~10%, to a commercial bail agent who agrees to pay the full amount on their behalf if they don't show up.

In addition to the non-refundable fee, bondsman can also ask the defendant (or their friends and family) to post additional collateral that covers the full bail amount.

The US is one of only 2 countries that have legalized for-profit bail systems.

If the defendant fails to meet court dates, bondsman don't have to just let it go as a causality of the job. That's where non-law enforcement bounty hunters come in.

So why is this system a problem? There are two main reasons, though I am sure someone more educated could speak to myriad more. The first is that, you guessed it, this system is significantly more punitive towards poor people.

Give that, according to the US Census Bureau, the poverty rate in white communities is ~8%, while in Black communities it's ~20%, (which are themselves statistics influenced by other forms of systemic racism), poor Black people are among the most impacted by the bail system.

This manifests in two ways: either they can't afford to bail and are thrown in jail, or they are exploited by a 2 billion dollar for-profit bond industry.

The second reason this system is a problem is that it exists despite it's ineffectiveness. Studies (ex: Kohler 1962) show that the majority people will appear on their court date without the additional financial hardship of a bail.

So how can you help? Long term set your sights on local initiatives that are seeking to reform (abolish) this system. Progress is being made in states like California, but there is so much more work to do.

Short term, give to non-profit organizes that post bail. To find something specific to your (or any) state, check out the National Bail Fund Network. This is especially important right now, when being jailed comes with the added risk of Covid exposure. https://www.communityjusticeexchange.org/nbfn-directory 

Today, I donated to the Northwest Community Bail Fund which provides cash bails funds for marginalized people in my home-state of Washington. If you can afford to, I hope you join me. https://www.nwcombailfund.org/