In News Releases

For Immediate Release
Nov. 11, 2021

Contact:
Laura Millard Ross
lauramr@mlpp.org
517-281-1084

Report: Bipartisan bail reform bills key to more racially and economically equitable justice system

League research, county data underscore need to stop jailing people for poverty

LANSING—As Michigan lawmakers from both sides of the aisle continue to work on modern, equitable criminal justice reforms, a new report from the Michigan League for Public Policy emphasizes the positive benefits of bipartisan legislation to reform the state’s pretrial and cash bail system.

The report, Punished Before Proven Guilty, finds that of the Michiganders in jail on any given day, half are awaiting trial, having not yet been convicted of a crime. And many of these people, around the state and in every county, are behind bars simply because they cannot afford bail, not because of their flight risk, danger to the public or guilt.

“The Michigan jails task force and lawmakers from both parties have already worked together to notch a number of big wins for criminal justice reform and racial and economic justice, and cash bail reform should be next,” said Gilda Z. Jacobs, President and CEO of the Michigan League for Public Policy. “Cash bail is unnecessary and inherently unfair, and does little to nothing to keep our communities safe. It only keeps people with lower incomes behind bars and disproportionately punishes people of color while privileging those with money and resources.”

Nationally, over 60% of arrested individuals unable to post bail fall within the one-third of society with the lowest incomes, and 80% are in the bottom half. A 2015 study found that people unable to post bail had a median annual income of $15,109 (in 2015 dollars) prior to their incarceration, which was less than half of the median income for non-incarcerated people of similar ages.

Imposing cash bail does not increase public safety. If a defendant is deemed to be a public safety risk, that individual will not be released on either cash bond or personal recognizance, because he or she will be a risk regardless of ability to pay cash bail. Meanwhile, this practice disproportionately punishes people of color and those with low incomes, while having no benefit to the communities in which they live.

The consequences of having to remain in jail due to not having bail money can be devastating to individuals and their families: loss of a job, financial hardship due to missing work, disrupted family and social relations, and trauma for family members—especially for children who are placed into Child Protective Services custody simply because their parent cannot afford cash bail. The harm to individuals, families and communities created by the current bail system far outweigh any negative consequences from eliminating it.

“Bail reform has champions from across the ideological spectrum and strong support in both parties because it appeals to fundamental values of fairness and justice,” said Jessica Ayoub of the ACLU of Michigan. “In 2021, we should all be able to agree that it’s time to stop incarcerating people because of their economic standing. It’s not doing anyone any good, while devastating individuals and families.”

The current cash bail system also disproportionately affects Black Michigan residents. First, the respective median annual incomes of Black men and women who are unable to make bail are significantly lower than their White and Hispanic counterparts. Black men and women have significantly higher income gaps than the other racial groups between those who are unable to make bail and those who are not incarcerated.

Income aside, various city and county studies across the nation found that Black and Brown defendants are 10-25% more likely than White defendants to be detained pretrial or to receive financial conditions of release. Moreover, median bond amounts for Black defendants are often about $10,000 higher than for White defendants.

In some counties, well over half of those incarcerated for felonies have not received a trial. For example, in Genesee County, 82% of those sitting in jail with felony charges have not received a trial compared to 46-47% in Macomb and Kent counties and only 1% in Oakland County, underscoring the disparity in bail policy across counties.

The League’s report recommends prompt action on House Bills 5436-5443 to overhaul the state’s outdated and inequitable pretrial and cash bail system. The bills have bipartisan sponsorship and are currently before the Michigan House Judiciary Committee for consideration.

The Michigan League for Public Policy, www.mlpp.org, is a nonprofit policy institute focused on opportunity for all. Its mission is to advance economic security, racial equity, health and well-being for all people in Michigan through policy change. It is the only state-level organization that addresses poverty in a comprehensive way.