Two of the most vocal supporters of criminal justice reform in Congress have introduced legislation aimed at reforming the country’s bail system.
Sens. Kamala Harris, D-Calif., and Rand Paul, R-Ky., introduced The Pretrial Integrity and Safety Act on Thursday, which would encourage states to reform or replace the process they use for allowing people to pay money to avoid sitting in jail until their trial.
Some have argued that excessive bail requirements make it impossible for lower-income people to pay, and disproportionately hurts blacks and Hispanics.
Harris hinted on Tuesday that such legislation was coming, and that she was looking for co-sponsors.
“Our justice system was designed with a promise: to treat all people equally,” said Harris in a statement. “Yet more than 450,000 Americans sit in jail today awaiting trial and many of them cannot afford ‘money bail.’ In our country, whether you stay in jail or not is wholly determined by whether you’re wealthy or not – and that’s wrong.”
“By giving states greater freedom to undertake reforms specific to their needs, our legislation will help strengthen protections for minority and low-income defendants, reduce waste, and move our bail system toward more effective methods, such as individualized, risk-based assessments,” said Paul.
The legislation authorizes a $10 million grant over three years to incentivize and encourage states to reform or replace their practices.
To obtain grants, the states must meet four goals, including an effort to replace their bail systems with one that assesses each individual and the risk they pose, and sets bail conditions based on those results.
The legislation also authorizes an additional $5 million over three years to the Bureau of Justice Statistics to create a National Pretrial Reporting Program, which will produce data on the processing of defendants in state and municipal courts.
States will also have to give an annual report to the Department of Justice that shows the “transparency and accountability” within the grant programs.
The Pretrial Integrity and Safety Act is supported by a broad coalition of over 30 leading criminal justice organizations, including the Pretrial Justice Institute, Center for American Progress, Leadership Conference on Civil and Human Rights, NAACP, American Civil Liberties Union, National Association of Criminal Defense Lawyers and Association of Prosecuting Attorneys.
