New Georgia bill criminalizes cash bail funds

Criminal justice reform advocates are concerned the legislation will unfairly impact poor Black communities.

The role of cash bail organizations could be diminished in Georgia while more poor Black people find their way into the state’s jail system, thanks to a new Republican-backed bill. 

The legislation — SB 63 — expands the list of charges that require cash or property bail by 30, which includes non-violent misdemeanor charges like marijuana possession, intent to sell, forgery, and types of fraud. It also states that individuals, organizations, charities, and groups cannot bail out more than three people a year. Only organizations that meet the legal requirements of bail bond companies can bail out more people. 

The Georgia Senate passed the bill on Feb. 1, and the state’s House of Representatives approved it on Tuesday. It’s now awaiting a signature from Governor Brian Kemp. 

Criminal justice reform advocates in the state are concerned that the legislation will disproportionately impact poor Black communities where people already struggle to pay bail for low-level offenses.

“This bill is the product of five years of pushback against bail reform since it passed in 2019. What is clearly happening is that leadership is working hard to roll back on reforms,” Tiffany Roberts, the public policy director at the Southern Center for Human Rights, told theGrio. “At the same time, if you expand cash bail, you increase the likelihood of convictions.”

Bail is defined as the money that defendants have to pay to get out of jail while they wait for their trial to start. Research shows that Black and Latino defendants typically have higher bail amounts than white defendants, even when the crimes are similar. 

The American Civil Liberties Union (ACLU) in Georgia said the bill is a step back from the reform advancements in the state over the past several years. “Cash bail systems hurt people who cannot afford to pay and do not make communities safer. The state of Georgia is moving backward in terms of people being equal before the law regardless of how much money they have,” the organization said in a press statement.

It’s not just cash bail organizations that could be in legal jeopardy. “Churches, drug treatment organizations, and homeless shelters bail people out,” Roberts said, adding that this expansion will only make it more difficult to manage the turmoil happening in jail facilities. 

“It’s important that people reach out to the governor and urge him not to sign this,” Roberts said. “This is a step in the wrong direction.”

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