FAQ: Shelby County’s New Bail System
In August 2022 Shelby County announced the creation of a new bail process that will make the county’s system fairer. This new system went into effect on February 15, 2022.
The new system includes:
New bail hearing courtroom
Individualized bail hearings with counsel no later than three days after a person’s arrest
Examination of a person’s financial circumstances prior to bail decisions using the Vera Institute’s ‘Ability to Pay’ calculator.
Why the need for an updated system?
In the prior system, the ability to pay was not a factor of consideration, leaving those who could not afford to pay detained indefinitely. This is unfair because those who faced the same charges but could afford to pay bail were freed until trial.
Research shows that hundreds of thousands sit behind bars while awaiting trial simply because they cannot afford to pay bail. This number disproportionately affects Black people and poor people.
Spending even a few days in jail can have tremendous consequences on a person’s life, including loss of employment or housing and pressure to plead guilty.
Does bail reform threaten public safety?
Research has shown that releasing people pretrial does not threaten public safety.
Additionally, there’s no clear evidence linking bail reforms – which have been in place for years in some cities – to the recent rise in violent crimes. In fact, the majority of cities that have seen increases in crime have not eliminated cash bail.
A 2020 study by Prison Policy Initiative, looked at nine cities and counties, where there is existing data on public safety from before and after the adoption of new bail systems and pretrial reforms. All but one of the jurisdictions saw decreases or minimal increases in crime after implementing reforms.
In Shelby County, only about 3% of persons on bail reoffend violently; compare that to the greater number of individuals who have been detained pretrial for months and years and eventually released without a conviction simply because they were poor and couldn’t afford the bail amount.
Does the District Attorney’s Office set bail?
No. Only judges and judicial commissioners set bail. The initial bail/detention determination is set without the involvement of the DA’s office. At the bail hearing, the DA can (but does not always) make a bail recommendation, but it is a recommendation only.
Does the new system eliminate cash bail?
No. Cash bail remains. The difference is that before the bail amount Is set, the defendant is entitled to (a) a hearing and (b) an examination of his actual finances and ability to pay.