Where the COVID-19 Pandemic Might Finally Ignite Change in the Bail Bonds System

Philadelphia's criminal justice system is overwhelmed. New York is allowing judges to release low-risk defendants accused of non-violent crimes with the goal of saving money, reducing prison overcrowding, and cutting down on prison violence.

When the federal government fails to stimulate social change, local areas step up. Tennessee is giving more structure and funding to community college education, and it’s drastically increasing graduation rates. Alaska and other states are getting rid of money bail. All around the country, citizen activists are becoming advocates and attempting to make our political system accessible to everyone. Despite partisan politics in Washington, D.C., the country is nonetheless experiencing social progress.

A consent decree ensures juveniles are not held more than 21 days in a Jackson, Miss., facility that was the subject of a lawsuit over the number of children it held and the conditions they faced. But opponents, including a youth court judge, say this is not solving the underlying problems facing the young offenders and even the plaintiffs in the suit says the larger issue is the approach to juvenile justice in the state.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.

Leading up to Father’s Day, Philadelphia criminal justice organization Frontline Dads raised money to bail out fathers. Inspired by the annual Mother’s Day bailouts that happen around the country, Frontline Dad aims to not just free father’s, but raise awareness about the issue of cash bail as well. Beyond bailing out fathers, participants will also have access to services like haircuts, counseling, and job placement assistance.

By rapidly instituting mandatory testing of all inmates at a covid-19-stricken federal prison and segregating ill inmates, authorities reduced the number of new infections within weeks. At one point, nearly 70% of the inmates at the Terminal Island federal prison in San Pedro, California, had tested positive for the coronavirus as it raced through a facility where inmates normally interact constantly in crowded communal areas. As of mid-May, eight inmates had died and more than 500 had recovered.

As the U.S attempts to reopen, restaurant owners from California to Florida are expanding their restaurants into nearby outdoor space, including sidewalks and parking lots. In doing so, they are able to offer patrons a safer dining environment, as there is more room to keep tables further apart and follow social distancing precautions, and it also helps restaurants earn more revenue than if they were limited to indoor space. Some city governments are streamlining the process, including Brookhaven, Georgia, which made it free to access short-term permits for outdoor dining.

The coronavirus made cramped or high-risk polling locations untenable so at least 39 sports arenas have opened up their facilities for voting. Their expansive size allows them to welcome large numbers of voters while maintaining social distancing protocols. Many are outdoors, which lowers the risk of transmitting the virus even further. Prompted by calls from athletes, arena owners’ site the summer’s racial-justice demonstrations as inspiration for supplying the spaces since voting is a key way to create definitive changes. Voters were thrilled to cast their ballots in a sports arena.

New Hampshire's Rockinham County gives some people with extensive drug and criminal histories an offramp from the criminal legal system, in the form of housing at Cross Roads House and a drug court to emphasize treatment over punishment. But, while other cities in the state meet such needs with multiple programs, the second-most populous county in the state has a severe shortage of supportive housing and services. Such services can make the difference between prison and success, and even between life and death in a place with high rates of overdose deaths.

The Defender Association of Philadelphia practices community-oriented public defense — also known as "holistic defense" — to connect clients with support services and resources that help address the root causes of crimes. The association works with social workers, investigators, and paralegals to get clients access to housing, food, jobs, and healthcare, as well as mental health and substance use treatment, with more than 150 people referred to treatment providers between September 2016 and January 2017.