What’s the problem?
Every year hundreds of people end up spending time in jail for minor offences for which they have not even been charged because they can’t raise bail due to limited finances. Kimberly Brewer, Chair of Orange County Bail/Bond Justice, says “how much money you have should not determine whether you sit in jail.” Kimberly is the spokesperson and a leader in the newly formed group that includes many area churches and the NAACP. It was certified as a non-profit on September 30th of this year.
What is the overall goal of the group?
The goal is to ensure a more just bail and pre-trial system and to provide assistance to people who cannot afford to pay their low-cost bail. Today’s system of bail and pre-trial detention unjustly penalizes people who are unable to pay, and especially impacts people of color. Defendants are held in jail on a pre-trial status, have not been convicted of a crime, yet will not be released until they pay bail or post a bond. In 2018, approximately 1,000 people in Orange County were detained pre-trial because they could not afford to pay bail. Such recent cases have ranged from stealing a two-dollar candy bar, stealing a rotisserie chicken from a grocery store, trespass, littering, drug possession, assault, to more serious felony charges.
When sitting in jail pre-trial, people can lose their jobs, homes, child custody, and much more, because they are unable to meet these responsibilities. Studies show that people detained pre-trial are much more likely to “cop a plea” to get a lesser sentence and be sentenced to prison. The damage has a domino effect—and lasting impact—on people’s lives.
How did the effort begin?
In October, 2018 members of Binkley Baptist Church began informally discussing and planning a potential bail justice project along with the NAACP Chapel Hill/Carrboro Branch Criminal Justice Committee. They were both concerned about practices in setting bail in Orange County District Court. Attorney James Williams, former Chief Public Defender in Orange County and First Vice- President of the Chapel Hill-Carrboro NAACP, in particular educated the group about bail justice issues in our community and inspired the group to action.
How did project organizers document the problem?
Orange County Bail/Bond Justice began a Court Observation Program in March 2019. The goal of the Program was to learn more about how bail is being set, educate the community about bail/bond justice issues, including good practices and practices needing reform, and build support in the community. At least two trained Court Observation Team members have been present almost every day since March to observe and document how bail was set, and enter the data into the Project database. In December, Orange County Bail/Bond Justice will issue a preliminary findings report of its Court Observation Program. Attorneys who are partnering from other organizations will assist with development of the report, including the NAACP Criminal Justice Committee, UNC Law School, and the ACLU.
Program launched.
After these discussions, Binkley Baptist Church launched the Orange County Bail/Bond Justice Project in January 2019 as a county-wide, faith-based initiative. While there are justice organizations working on bail reform at the state and local level, Binkley saw churches as a missing but needed voice. The Project now has seven faith community partners (Barbee’s Chapel Harvest Word Church; Binkley Baptist Church; Church of the Holy Family; Community Church of Chapel Hill Unitarian Universalist; Hillsborough United Church of Christ; Kehillah Synagogue; and United Church of Chapel Hill). It also has a number of justice organization partners, such as the Chapel Hill-Carrboro Branch of the NAACP, ACLU, and the Carolina Justice Policy Center.
When asked why Binkley Church launched this Project, Reverend Marcus McFaul said, “Any and all forms of privileged favoritism brings with it justice inequity, including issues of unequal treatment just because of access to bail money. Some things are just wrong. Our congregation, and our partners, feel this needs to be addressed, locally.”
How to support the project?
A top priority of Orange County Bail/Bond Justice is establishing a $50,000 revolving Bail Fund for Orange County. It will use the Bail Fund to post low-cost bail for people in Orange County who cannot afford to pay it. Individuals can then continue their lives pending trial. Upon court appearance and/or case resolution, the bail would be returned to the Fund to help others in need. The Project’s requirements for eligibility for assistance from the bail fund include a maximum bail of $3,000 (which covers misdemeanor and low-level felony type charges); the person must live in Orange County; the fund only operates for Orange County charges; the person has no hold that would preclude their release (such as from another jurisdiction); and the person must have a way for us to contact him or her. There will be other considerations in assessing the referrals for assistance such as dependent or other family members who may be harmed by the applicant’s detention, and multiple, recent failures to appear in court. The Project estimates that the average bail to be posted will be $2,000. Orange County Bail/Bond Justice hopes to begin posting bail for defendants in January, if it has the funds on hand.
Ms. Brewer said that the Project welcomes – and needs—community members’ support and participation. To learn more about Orange County Bail/Bond Justice and how you can help, go to www.ocbailbondjustice.org.
The local chapter of the NAACP has announced they will match contributions for the next $1000 raised.
If you would like to support Orange County Bail/Bond Justice go here.