bail
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bail *
topic: BAIL
In Minnesota, our Constitution gives all people the right to bail. But every day, there are over 4,000 people locked up in jails across the state who haven’t even had a trial yet. That is referred to as “pretrial detention.”
People in pretrial detention now make up 60% of the jail population in Minnesota, an amount that is dramatically higher than 50 years ago. Those people are disproportionately likely to be Black and indigenous. They are also much more likely to be poor. That is because cash bail makes it so that rich people can buy their freedom while poor people cannot. It’s an unjust and unconstitutional system that makes it a crime to be poor in Minnesota.
Bail
This video explores Minnesota’s bail and pretrial justice system.
What is bail? How does it work in Minnesota?
Bail is the amount of money that people charged with crimes have to pay in order to be released from jail while they fight their case. In Minnesota, everyone has a constitutional right to bail. That means that a judge cannot keep someone in jail without setting a bail amount that the person can pay to get released from custody. Bail is not set in every case. Instead, in some cases, judges set other conditions that a person must obey in order to be released. And in some cases, judges require the person to pay bail and obey other conditions.
When setting bail and other conditions of release, judges must follow certain rules set by the Minnesota Supreme Court. These rules say what factors judges are allowed to consider and what types of conditions they are allowed to impose on people charged with crimes. The rules start with a presumption that all people should be released pretrial. That means that in every case, the judge’s starting position should be that they are going to release the charged person without requiring bail or conditions. The judge can only require bail or other conditions if they decide that it’s necessary to protect public safety or make sure the person appears in court.
If the court chooses to impose bail or other conditions, it has to consider each person’s individual circumstances to figure out what conditions of release are appropriate for that person. Courts must consider things like the offense charged, the evidence against the person, family and community ties, employment, criminal convictions, prior history of appearing in court, and the safety of the victim, the community, or any other person.
Judges can impose the following types of conditions:
Supervision
Travel restrictions
Restrictions on where someone can live
Restrictions on who someone can associate with
Appearance bond
Cash bail
Drug testing
Electronic home monitoring
No Contact Orders
Any other conditions the judge thinks are necessary to make sure the person comes back to court
In Minnesota, there are three ways that someone can post bail: money, bond, or Minnesota Freedom Fund.
Money: It has to be cash, and it must be the exact amount. It is also required that it is paid at the jail, with a photo ID.
Bond: You can use a bail bond company that will have a 10% fee, and a cosigner is required.
Minnesota Freedom Fund: You can request the full amount alone. There are no strings attached. However, there is a $20,000 cap. MFF also has the option to receive support services, but someone does not have to take this in order to get the money.
Why is bail oppressive?
For profit bail, bond companies & poverty tax
At its core, cash bail criminalizes being poor. People who have enough money will always be able to pay bail and get released, while those who do not have extra income, families with wealth, or other resources are left to sit in jail as their cases move slowly through the system.
While in jail, people can lose their housing, jobs, government benefits, and other crucial financial resources. This all happens before the person is ever found guilty. There are also legal consequences to being held pretrial. Studies show that, compared to people charged with similar crimes, those who are held pretrial for any amount of time are more likely to be convicted, more likely to be sentenced to jail time, and more likely to be rearrested in the future. People detained in jails pretrial can also suffer serious mental and physical health consequences, fractured relationships with friends and family, and a loss of dignity and security.
Given that most people held in jail pretrial are poor, these negative personal and legal consequences fall almost exclusively on poor people. In this way, cash bail creates two classes of people in our legal system: those who can bail out, and therefore have better case and life outcomes, and those who cannot bail out.
What can you do?
All of this can be difficult to take in, but don’t worry! You’re not alone. Below are some things you can do to support the movement for pretrial justice in Minnesota and beyond.
Support local and national organizations advocating for change to cash bail and pretrial detention systems.
Minnesota Freedom Fund (MFF) is a local non-profit organization that pays criminal bail and immigration bonds for people who would otherwise not be able to afford to do so. In addition to providing this immediate relief to community members, MFF advocates for the abolition of cash bail in Minnesota, wide-scale decarceration, and the end of detention based on immigration status, race, ethnicity, and class
Black Immigrants Bail Fund pays immigration bonds for Black im/migrants being held in ICE detention in the United States.
LGBTQ Freedom Fund pays immigration bonds for people in ICE detention in the United States and cash bail for people in Florida. The organization focuses on LGBTQ+ people, who are disproportionately likely to be jailed, experience harassment and abuse while in jail, and lack supports upon release.
The Repro Legal Defense Fund covers bail and funds strong defenses for people who are investigated, arrested, or prosecuted for self-managed abortion.
To access a directory of other community-led bail and bond funds across the United States, please visit the National Bail Fund Network website.