Reform Effort on a Century of For-Profit Bail Bonding

By Spike Bradford

1912 San Franciso Call article
lamenting corruption in for-profit
bail bonding.



As part of the JPI team working on a series of reports about money bail, for-profit bail bonding and the bail and pretrial experience in Baltimore jails, I have been researching bail bonding in the U.S. Much of what I’ve learned has been surprising and eye-opening, but no aspect has been as shocking as the history of bail bonding reform. Or, I should say, lack thereof.

For-profit bail bonding, the practice of paying a third party to guarantee your future appearance at trial for a crime you have been accused of, was established in the U.S. just before the end of the nineteenth century. It was the brainchild of the McDonough brothers, San Francisco organized crime bosses who would bail out bookmakers and prostitutes to get them back to work as quickly as possible. From the beginning, the trade was one of disrepute.

During for-profit bail’s century-plus history, it has undergone periods of reform driven primarily by the facts that it discriminates against poor people, erodes public safety and is prone to corruption. In fact, corruption in for-profit bail bonding has been so pervasive that four states --Wisconsin, Kentucky, Oregon and Illinois -- as well as numerous other jurisdictions, have outlawed or heavily discouraged the practice. 

I recently came across an old newspaper article from the March 18, 1912 San Francisco Call, in which police and court leaders vowed to “clear out bail bond evil” and the “shysters” who engaged in it. The “evil” behavior mentioned in the article --dated 100 years ago -- is virtually identical to behavior that can be found today just by searching for "bail bonding corruption." 

For the Love of Money Bail: There’s No Science to It

By Dr. Melissa Neal

In my careful investigation into the use of money bail, one of the most striking things I encountered was the blatant lack of research supporting this practice. The use of money bail is so accepted in our society that it has taken a place in our general nomenclature.  It’s part of jokes we make about going out and having a good time – “bring your bail money."  It’s part of our fundraising campaigns – “Bail our Executive Director/Principal/Fire Chief out of jail with a contribution!”

Yet, the lack of research supporting the effectiveness of money bail was remarkable. While the majority of U.S. jurisdictions depend on money bail as a primary way of releasing people from jail while they await trial, the evidence supporting its use is severely lacking. It appears intuitive that posting money would compel compliance in attending court hearings and not being re-arrested, however, little research has been done to confirm this and it is usually supported anecdotally.

Now, with the use of bail schedules, monetary amounts for specific offenses are standardized in many places. Yet, once again, there is no evidence that one sum of money for an offense will better produce pretrial compliance over another sum. There is no empirical evidence showing which amounts of money bail are appropriate for certain types of offenses. Rather, we see bail schedules bolstering the rise in money bail amounts and often having very little relationship to the actual cost of loss or damage caused by the offense.  For certain offenses such as rape or murder, could we ever begin to suggest a monetary amount to be appropriate for those types of violations?

Bail Fail Highlights Broken System

By Thomas Giovanni, Brennan Center for Justice
This post was originally published 9/11/12 on the Brennan Center for Justice blog as part of JPI Bail Month.

Today, the Justice Policy Institute released the first of three important reports regarding bail. The report highlights the consequences of a system dependent upon an accused person’s ability to pay. It is important to remember that people subjected to this system are considered innocent according to the law. Yet, they are penalized nonetheless. JPI, a national non-profit organization, offers new data and provides recommendations for practical reform.

Entitled Bail Fail, the study highlights how, in conjunction with the large-scale, fast-paced, assembly line nature of the criminal justice system, the bail system creates a reality where the outcome of a criminal case depends less on the facts of the case and more on the finances of the person charged. In the criminal justice system, 80 percent of the accused are too poor to afford an attorney, more than 60 percent are people of color, and the bulk of the cases are low-level, non-violent offenses. Most of this population cannot afford bail and are incarcerated before trial for long periods even though they have not been found responsible for any crime. Bail Fail notes “60 percent of the jail population is not convicted but being held pretrial,” and that “this issue is a huge contributor to the mass incarceration of people in the United States, resulting in overcrowded facilities and unsustainable budgets.” The report further points out that “those too poor to pay a money bail remain in jail regardless of their risk level or presumed innocence . . . U.S. Attorney General Eric Holder in 2011 stated that keeping people awaiting court dates in county jails costs around $9 billion each year.” That amount is roughly equivalent to the annual budget for the Environmental Protection Agency.

September is JPI Bail Month

This month, JPI is dedicating all of its resources to educating the public on bail. Some of us know the issue well, but many of us don’t realize that using money as a pretrial release mechanism contributes to jails overcrowded with unconvicted people, burdens low-income communities and supports an ineffective for-profit industry. 

Despite a lack of evidence that financial release options improve pretrial outcomes, jurisdictions throughout the country continue to rely on money as a proxy for risk in the pretrial process. This approach weakens public safety and creates two criminal justice systems: one for those with money and one for those without. The for-profit bail bonding industry, a corporate insurance behemoth that profits off the inequitable bail system, has enjoyed over 100 years of corruption and political influence and continues to skew judicial decision-making and put profit before public safety. 

Solitary Confinement Comes to Washington

Mock solitary cell on display during the Capitol Hill hearing.

By Sal Rodriguez

“Solitary confinement does one thing, it breaks a man's will to live and he ends up deteriorating,” testified Texas death row exoneree Anthony Graves, before a Senate Judiciary Subcommittee on Tuesday. The hearing, convened by Subcommittee chair Senator Richard Durbin, was the first of its kind at the federal level on the issue of solitary confinement.

For over 18 years, Graves spent 22 to 24 hours in an 8-by-12 foot cell, with a steel bed, small desk, toilet and a small window. Inside the hearing room was a replica of such a cell that approximates the living conditions of over 80,000 incarcerated individuals. Psychologist Craig Haney testified that “the cells themselves are often scarcely larger than the size of a king sized bed. Prisoners thus eat, sleep, and defecate each day in areas just a few feet apart from one another.”

It’s a nightmare scenario I’ve read about for the past year in my work on this issue for Solitary Watch. Again and again, I have received letters from individuals held in isolation units across the country, sometimes for 10, 20, and 30 years describing terrible psychological pain. One individual, isolated for over five years, described daily life as consisting of “reading, writing, crying and begging for death.”

Let's Give Kids Better Mental Health

By Melissa Neal, DrPH

“People are just not reaching us where we are at.  We want to be reached.” – Washington, D.C. focus group youth participant.

The mental well-being of our youth is crucial to achieving progress and prosperity in our communities. In Washington, DC, youth face particular challenges as disparities in resources and risks vary drastically in just a matter of miles. I wrote JPI’s report, Mindful of the Consequences: Improving the Mental Health for DC’s Youth Benefits the District, to show that current prevention and treatment services do not match the level of need and many youth are at risk for contact with the justice system due to untreated mental problems. To illustrate this, I mapped where arrested youth are coming from: predominately areas of low income and high rates of risk factors that impact mental well-being.

Why Are We Spending So Much To Lock Up Elderly Prisoners Who Pose Little Threat?

This submission was originally posted June 13, 2012 on the American Constitution Society blog. 

By Inimai M. Chettiar and Vanita Gupta

Elderly prisoners are the least dangerous group of people behind bars but the most expensive to incarcerate. Yet despite this truth, the number of elderly prisoners is skyrocketing. Harsher sentences for less serious crimes – one defining characteristic of our failed “tough on crime” and “war on drugs” policies – are responsible for this staggering increase in the number of older prisoners, and taxpayers are taking the hit.

You may be shocked to learn how much money states are dumping into housing aging prisoners who pose little safety risk. Today the American Civil Liberties Union released a report, “At America’s Expense: The Mass Incarceration of the Elderly,” which details the growth of our aging prisoner population, the low public safety threat elderly prisoners pose and the fiscal impact of incarcerating them. Strikingly, the report estimates that the average aging prisoner costs taxpayers about twice as much as the average prisoner.