{"id":46350,"date":"2022-02-15T18:13:48","date_gmt":"2022-02-15T23:13:48","guid":{"rendered":"http:\/\/www.aclu.org\/issues\/bail-reform"},"modified":"2026-01-14T13:41:10","modified_gmt":"2026-01-14T18:41:10","slug":"bail-reform","status":"publish","type":"issue","link":"https:\/\/www.aclu.org\/issues\/smart-justice\/bail-reform","title":{"rendered":"Bail Reform"},"parent":46735,"menu_order":5,"template":"","class_list":["post-46350","issue","type-issue","status-publish","hentry"],"acf":{"featured-image":210927,"intro":"Our legal system rests on two fundamental principles: innocent until proven guilty, and the right to be treated equally under the law, regardless of income. The ACLU is working to make these principles a reality in jurisdictions across the country, starting with challenging discriminatory cash bail schemes that force people \u2013 most of whom have not been convicted of a crime \u2013 to await trial in jail simply because they don\u2019t have the money to pay for their freedom. ","what-you-need-to-know":[{"highlighted":"","description":"Of the 2 million people behind bars, 1 in 3 are in a local jail. More than 80 percent of those in jail have not been convicted of a crime and are presumed innocent until proven guilty."},{"highlighted":"","description":"Eighty percent of voters strongly or somewhat strongly support making sure everyone is treated as innocent until proven guilty. "},{"highlighted":"","description":"The annual national cost of pre-trial detention is $13.6 billion."}],"promo":{"description":"","button":"","url":""},"faq":{"description":"","faq-items":[{"title":"How does cash bail undermine the presumption of innocence? ","content":"Cash bail schemes undermine the presumption of innocence in two ways. First, the majority (80%) of people in jail have not been convicted of a crime and are presumed innocent. Excessive cash bail practices trap these hundreds of thousands of people behind bars for weeks, months, and sometimes years just waiting for their day in court. That means an innocent person could spend months in jail to have a chance to have their innocence proven and return home. \r\n\r\nExcessive cash bail presents people with an impossible choice: remain in jail while the case progresses, which could be months or years, or plead guilty to a crime just so that they can go home. For most people, even a few days in jail can have catastrophic consequences. It may be the difference between life as normal and losing their kids, job, housing, and support network, or being unable to care for kids, older parents, or other people at home that rely on them as caregivers. The result is a system that incentivizes guilty pleas even in the cases of people who are innocent. "},{"title":"If not cash bail, how else can we make sure people return to court? ","content":"Providing transportation, reminder phone calls, housing, substance abuse recovery programs, or issuing unsecured bonds, are but some of the ways to promise to return to court that is not tied to money. These supportive approaches are proven to help people return to court at the same rate or an even higher rate than cash bail. \r\n\r\nEliminating discriminatory cash bail laws allows judges to rely on evidence, an individual\u2019s circumstances, and an assessment of public safety to determine the need for pre-trial detention and limit it to circumstances when it is actually needed. "},{"title":"Who is most impacted by excessive cash bail practices? ","content":"Studies consistently find that Black defendants receive significantly harsher bail outcomes than those imposed on white defendants charged with similar crimes. Black defendants also face systemic wealth inequities that make it harder for them to post bail. . As a result, people of color are overrepresented in jails across the country. This creates a vicious cycle: poverty leads to prolonged jail time, and time in jail makes it harder to escape poverty. "},{"title":"What\u2019s the role of private cash bail companies? ","content":"When courts set cash bail, people who cannot afford to pay the full amount are often forced to rely on for-profit bail companies to purchase their release. The individual pays a portion of the money upfront (in a nonrefundable payment) and agrees to a payment plan for the rest, which can include unreasonably high interest rates. \r\n\r\nThese for-profit companies lobby against bail reform \u2013 not because they care about the safety of our communities \u2013 but because they care about their own bottom lines. The for-profit industry makes about $2 billion<\/a> every year from this exploitative system. \r\n\r\nWhile for-profit bail companies are lining their pockets, American taxpayers are footing the bill for the bloated jail populations that result from this system. American taxpayers pay over $14 billion a year incarcerating people who have not yet been convicted of anything. "}]},"featured-stories":null,"latest-stories":null,"whats-at-stake":{"title":"What's at Stake","description":"After an arrest \u2014 wrongful or not \u2014 a person\u2019s ability to leave jail and return home to fight the charges typically depends on access to money. That's because, in virtually all jurisdictions, people must pay cash bail to secure their freedom. Bail is often set at levels far too high for the average person to afford, and as a result, thousands of people await trial in jail for months or years when they could\u2019ve otherwise been safely at home. Meanwhile, wealthy people accused of the same crimes can buy their ticket to freedom. \r\n\r\nHow much money you have shouldn\u2019t determine whether or not you are behind bars. There are plenty of other ways to ensure people stay on top of their court requirements without imposing unnecessary jail time that can derail the lives of people accused of crimes and the lives of their families. The ACLU continues to advocate for fair and just bail systems and challenge cash bail schemes that violate the Constitution. "},"actions":"","drupal-id":2596,"is_hidden_issue":""},"yoast_head":"\nAmerican Civil Liberties Union<\/title>\n<meta name=\"description\" content=\"Our legal system rests on two fundamental principles: innocent until proven guilty, and the right to be treated equally under the law, regardless of income. 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The ACLU is working to make these principles a reality in jurisdictions across the country, starting with challenging discriminatory cash bail schemes that force people \u2013 most of whom have not been convicted of a crime \u2013 to await trial in jail simply because they don\u2019t have the money to pay for their freedom.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.aclu.org\/issues\/smart-justice\/bail-reform\" \/>\n<meta property=\"og:site_name\" content=\"American Civil Liberties Union\" \/>\n<meta property=\"article:modified_time\" content=\"2026-01-14T18:41:10+00:00\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:site\" content=\"@aclu\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.aclu.org\/issues\/smart-justice\/bail-reform\",\"url\":\"https:\/\/www.aclu.org\/issues\/smart-justice\/bail-reform\",\"name\":\"Bail Reform | American Civil Liberties Union\",\"isPartOf\":{\"@id\":\"https:\/\/www.aclu.org\/#website\"},\"datePublished\":\"2022-02-15T23:13:48+00:00\",\"dateModified\":\"2026-01-14T18:41:10+00:00\",\"description\":\"Our legal system rests on two fundamental principles: innocent until proven guilty, and the right to be treated equally under the law, regardless of income. 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