ACLU warns of lawsuit against Georgia over cash bail bill
The ACLU of Georgia Threatens to Sue Over Controversial Bail Bill
In a press release issued on Thursday, the American Civil Liberties Union (ACLU) of Georgia made it clear that they would take legal action if Governor Brian Kemp didn’t veto a bill that expands the number of crimes requiring cash bail. The organization argues that this legislation would not only endanger the community but also disproportionately affect black individuals.
“[This bill] will dramatically increase the number of Georgians languishing in our jails and make our communities less safe,” stated the organization. “Already, 51% of the people in Georgia’s jails are black, while just 30% of the state’s overall population is black.”
The contested legislation, Senate Bill 63, broadens the definition of bail-restricted offenses to include 30 new crimes, such as fleeing from police, identity fraud, domestic terrorism, and rioting.
ACLU of Georgia’s legal director, Cory Isaacson, argues that the bill violates the Constitution by criminalizing poverty and restricting First Amendment rights.
🚨 Georgia Senate Bill 63, which forces people who can’t afford to pay bail to languish in jail, is unlawful and the ACLU of Georgia will sue if the governor signs it into law. https://t.co/gKXWUoWHUf pic.twitter.com/KlTcmQ8PPB
— ACLU of Georgia (@ACLUofGA) February 8, 2024
Lt. Governor Burt Jones, on the other hand, praised the bill’s passage, claiming that it would remove violent, repeat offenders from the streets.
Senate Bill 63 protects Georgia families by keeping violent and repeat offenders off our streets. I appreciate the House adopting the conference committee report on this legislation. #gapol https://t.co/7FqZzvgZF2
— Lt. Governor Burt Jones (@LtGovJonesGA) February 7, 2024
As of now, Governor Kemp has not commented on the bill’s passage.
State Sen. Randy Robertson, the bill’s sponsor, argued during a Senate Public Safety Committee hearing that the rise in crime necessitated the expansion of cash bail. He emphasized that being indigent does not excuse anyone from committing a crime.
Atlanta Police Chief Darin Schierbaum testified that his officers dealt with nearly 900 repeat offenders in 2022, with over 6,000 prior felony arrests among them. A significant number of these repeat offenders were carrying firearms, despite being prohibited by state law, and a considerable portion were gang members.
In response to criticisms that the bill included “minor” offenses, Robertson explained that these crimes were often linked to more serious offenses, such as domestic terrorism and rioting. He also noted that judges have the discretion to set low bonds based on the circumstances of each case.
Furthermore, the bill restricts unlimited bail posting to bail bond companies, limiting others, including charitable bail funds and individuals, to posting bail for three or fewer individuals annually. It also prohibits the release without bond of individuals charged with bail-restricted offenses or those with prior felony arrests within the past seven years.
Lastly, the bill doubles the annual fee for continuing education programs for bail recovery agents.
Why do critics argue that cash bail disproportionately affects low-income individuals and perpetuates racial and socioeconomic inequalities within the criminal justice system?
G=”en”>📢Breaking: Georgia Senate passes SB 63! Removing violent, repeat offenders from our streets! This common-sense legislation ensures the safety of Georgians by expanding the number of crimes requiring cash bail. Thank you to everyone who supported this bill! 🇺🇸
— Lt. Governor Burt Jones (@LtGovBurtJones) February 8, 2024
The controversial bill’s supporters argue that it aims to prioritize public safety and reduce crime rates. However, critics claim that cash bail disproportionately affects low-income individuals and people of color, perpetuating racial and socioeconomic inequalities within the criminal justice system.
The ACLU of Georgia, along with other civil rights organizations, has long been advocating for bail reform. They argue that cash bail often results in pretrial detention for individuals who are unable to afford it, rather than being based on the risk of flight or danger to the community.
“Cash bail punishes poverty, not guilt,” said Andrea Young, the executive director of the ACLU of Georgia. “It creates a two-tiered system where those with money can secure their freedom while poor individuals languish in jail, often losing their jobs, homes, and even custody of their children.”
The ACLU of Georgia believes that the bill’s expansion of bail-restricted offenses will contribute to jail overcrowding, increase racial disparities within the criminal justice system, and infringe upon individuals’ constitutional rights. The organization issued the threat to sue Governor Kemp if the bill is signed into law.
Efforts to reform the cash bail system have gained widespread attention in recent years. Critics argue that the system perpetuates inequality and economic discrimination, as wealthier defendants can easily secure their release while less fortunate individuals are forced to stay in jail until their court date. They point out that pretrial detention can have severe negative consequences for individuals’ lives, including loss of employment, housing instability, and separation from their families.
If the bill is signed into law, the ACLU of Georgia plans to challenge its constitutionality in court. They argue that it violates the Eighth and Fourteenth Amendments, which prohibit cruel and unusual punishment and guarantee equal protection under the law, respectively.
However, supporters of the bill contend that it balances public safety concerns with the need to hold individuals accountable for their actions. Lt. Governor Jones argues that it targets repeat offenders and those charged with serious crimes, thereby protecting communities and reducing the risk of recidivism.
The debate over cash bail reform is likely to continue, with the ACLU of Georgia and other civil rights organizations committed to fighting against laws they perceive as unjust. The outcome of this particular bill will have significant implications for the criminal justice system and the lives of individuals affected by cash bail requirements in Georgia.
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