Georgia, which once touted itself as a leader in criminal justice reform, is slowly leaning back into its old closed-door ways.
State senators on Thursday voted 30-17 to pass a resolution requiring cash bail for 30 additional crimes, 18 of which are always or frequently misdemeanors, in the Senate bill. 63, with just one House vote left to pass.
The measure also limits the ability of charitable bail funds and individuals to release multiple people from prison on bail, reserving that power only to those who meet the legal requirements to become a bail bond company. It is said that
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This measure could potentially lock up poor defendants accused of crimes who are unlikely to go to prison. Overcrowding in Georgia’s county lockdown facilities could become even worse. The bill would override an amendment passed nearly unanimously in 2018 under Republican Gov. Nathan Deal that allowed judges to release most people charged with misdemeanors without bail. It is something.
This is despite the fact that some Democratic-led jurisdictions have eliminated cash bail completely or severely limited its use, while Republicans across the country have said that their reliance on cash bail has increased significantly. This is part of a movement to increase the The split last year saw courts uphold an Illinois plan to eliminate cash bail, while voters in Wisconsin proposed a constitutional amendment that would have forced judges to consider past convictions for violent crimes before setting bail. This was exemplified when the
Republican state Sen. Randy Robertson (Cataula), a longtime sheriff’s deputy and former state president of the Fraternal Order of Police, said Thursday that the measure is meant to “make our communities safer.” said. In pushing the bill since last year, he has argued that when suspects are released without cash bail, victims feel the justice system doesn’t care about them.
Georgia Sen. Randy Robertson speaks about a bill that would increase the number of crimes that require a suspect to post bail before being released from prison, at the Georgia State Capitol in Atlanta on February 23, 2023. is giving a speech. (Matthew Pearson/WABE via AP, File)
But Roy Copeland, a Valdosta attorney who served on Deal’s Criminal Justice Reform Council, said the measure would leave people accused of misdemeanors locked up in jail and without jobs if they can’t pay bail. He said he would lose his home and custody of his children.
“You’re literally taking food out of children’s and adults’ mouths,” Copeland said.
This is not the first time Republicans have expanded the list of crimes in Georgia that require defendants to be held on cash or property bail. The list already has 24 items and will continue to expand. Bail is required for second or subsequent misdemeanors, such as reckless driving or trespassing, or for misdemeanor crimes.
Additionally, if it is a second or subsequent violation, bail will be imposed even if the person fails to appear in court for a traffic ticket. The maximum penalty for failing to appear for a traffic ticket is three days in jail. This is also the amount of time authorities have to bring a person who fails to appear before a judge after being arrested on a warrant.
Georgia Governor Brian Kemp has said he wants more restrictive bail conditions. This year, state legislators rather than Kemp will face voters, which could be a sign that Republicans intend to be moderate on crime and crush Democratic opponents just as they did in 2022. Kemp also supports other anti-crime proposals, including longer prison sentences. Some criminals.
Some Republicans supporting Mr. Deal’s push point out that a provision supported by Mr. Deal that requires judges to consider ability to pay when setting bail remains in the law. However, he insists that this is not a betrayal of his years of efforts.
“A big part of the purpose of criminal justice reform was to avoid a one-size-fits-all treatment,” said Sen. Brian Strickland, R-McDonough. “This preserves discretion.”
But Sen. Josh McLaughlin, D-Atlanta, rejected the idea that judges would set ultra-low bail amounts or that bail bond companies would be willing to take on that business.
“As a matter of law, when you say prison is a place you want people to come to, and you create structural incentives for people to end up there, that funnel ends up getting people there,” McLaughlin said. Ta.
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Several Democrats suggested the move to limit bail funds was related to the continued prosecution of protesters against a police and fire training center that Atlanta is building. Protesters have derided the project as “Cop City.” Among the 61 indictments Georgia Attorney General Chris Carr won against protesters in September were charges against three people who ran bail funds.
The Bail Project, a fund that claims to have released more than 1,500 Georgians from prison on bail since 2019, has decided to limit bail to three people per year in any city for groups and people who don’t meet bail requirements. questioned. or county.
“This is like placing limits on food stocks while claiming to solve hunger,” spokeswoman Lizzie Tollibone said in a statement.

