JUSTICE THROUGH BAIL REFORM INFORMATION, RESOURCES AND EVENTS

Justice Through Bail Reform Small Group Study

THE PROBLEM WITH BAIL

Kentuckians waiting to go to trial - presumed innocent by law -

shouldn't have to wait in jail because of the color of their skin, where

they live in the state, or if they can afford bail.

But these things do shape who is held pretrial. Kentucky has a

disparate justice system that incarcerates far too many people for

unjust reasons. Research shows individuals who remain incarcerated

pretrial are more likely to plead guilty (even when innocent) and to be

found guilty if their case goes to trial. They lose income, employment

and are separated from their families.

COVID-19 created substantial health risks for people who are incarcerated and

must live in compact quarters with little access to PPE like masks or in some

cases even basic hygiene. Thankfully, Kentucky’s Supreme Court took action

early in the pandemic to direct the release of many people who were already

being held while they were awaiting trial and to prevent new people from being

held pretrial by limiting the types of situations subject to cash bail.

Months later, the data show that these important measures to reduce

incarceration did not lead to mass re-arrest. This natural experiment provides

data that reinforces what communities already know: Many Kentuckians being

held pretrial pose little risk and should be released while awaiting trial.

It is time for Kentucky's General Assembly to act and create a more just system for us all.

Justice Through Bail Reform

Disparate Justice: Where Kentuckians Live Determines Whether They Stay in Jail Because They Can’t Afford Cash Bail By Ashley Spalding
Information provide by Kentucky Center for Economic PolicyKentuckians presumed innocent should not have their freedom contingent upon their income or where in the state they are arrested. And yet new data shows widely varying rates between counties in the use of cash bail and in the ability of those arrested to meet those monetary conditions. The share of cases granted release pretrial without monetary conditions ranges from just 5% in McCracken County to 68% in Martin County. And just 17% of cases subject to monetary bail in Wolfe County result in the defendant finding a way to make the payment while 99% do in Hopkins County.

Pretrial incarceration harms individuals, families and communities. Information provided by Kentucky Center for Economic PolicyBeing incarcerated for just two or three days has negative impacts, but it can take months for a case to work its way through the system – time during which one cannot earn income, keep a job or help out at home. Even those found not guilty may lose months behind bars.

upcoming events

We are currently organizing more informational events. We are planning on these events to be held virtually due to COVID-19. The dates for these events will be posted to the website when the details are finalized.