A new report from Indiana University revealed stark racial disparities in bail costs, and outlined how those higher costs can have long-term impacts on folks charged with crimes and their families.

According to the report, bail across the country is set an average of 34% for Black detainees and 19% higher for Latino detainees, compared with their white counterparts.

Krystal Gibson, program analyst for the Indiana University Public Policy Institute, said increased cost makes it more difficult for many to get out of pretrial detention.

"Research does show that detaining people before their trials, it really increases their risk of future criminal behavior," Gibson reported. "It can harm the defendant, their family and community, and it disrupts an individual's life."

According to the report, eliminating cash bail could help reduce those racial disparities, since it would level the field for all ethnicities, regardless of the charges they face. Its authors point to New Jersey, which reduced its dependence on cash bail, and saw a 35% decrease in its jail population.

Come July, Indiana will enact a new law restricting the operation of charitable bail funds. Among other restrictions, the law would prevent charitable funds from bailing out people charged with a violent crime.

Gibson said the policy could potentially push detainees to rely more on for-profit bail-bond companies, which still are permitted to bail out those facing violent-crime charges.

"When you use a bail bond agency, individuals have to pay several fees, including this 10% nonrefundable fee, no matter the outcome of the case," Gibson pointed out. "And that can be thousands of dollars."

The policy currently is facing a lawsuit brought by the American Civil Liberties Union on behalf of the Bail Project, a national bail fund whose Indiana operation is likely the largest such fund operating in the state.

The two groups argued, among other things, the policy violates the Bail Project's constitutional right to equal protection under the law, as it was drafted essentially to solely target their Indiana operations.

A large percentage of Missourians who could to have their criminal records "expunged" have not done so, despite the effects expungement -- referred to as "clean slate" -- can have on earnings and opportunities.

Missouri House Bill 352 would make the expungement process automatic for eligible individuals.

Lindsey Baker, research director for the Missouri Budget Project, stressed expungement already exists, and making it automatic would not change the type of qualified offenses.

"Folks who are eligible, for the most part, are going to be folks with lower-level, nonviolent offenses," Baker pointed out. "Violent crimes, higher level offenses, are not eligible for expungement."

Baker explained once records are expunged, they do not appear on public records but are still available to law enforcement.

Research shows the average annual wage increase for those who have their record expunged is more than $4,000. A Missouri Budget Project report estimates this could lead to an additional $2.9 billion in economic activity for the state.

Opponents believe potential employers and others have the right to know a person's criminal history, and some fear it increases the chance a person will commit another crime. Currently, 10 states have clean-slate laws in place, including Oklahoma, and others have legislation pending.

Baker noted many individuals whose records are not expunged struggle to get hired at all, leading to high rates of unemployment.

"For those who are able to secure employment, often they're prevented from reaching their full earning potential because they may only be able to get hired in those fields with lower wages and lower benefits," Baker emphasized.

The Missouri Budget Project's report showed the percentage Missourians' wages would increase after expungement would vary, with women experiencing the highest increase of roughly 30%, compared with 17% for men. For Black Missourians, the increase would be an estimated 25%, compared with 18% for white Missourians.

Baker added the 2022 changes in the state's marijuana laws contribute to it being the perfect time for enacting Clean Slate.

"What really makes sense about this is that we already are putting together an automatic expungement system for marijuana here in Missouri," Baker remarked. "The courts are already going to have to do this."

In 2021, more than 500,000 Missourians were eligible to have their records expunged, but fewer than 1% of them did so. House Bill 352 was introduced by Rep. Phil Christofanelli, R-St. Peters.

California will soon become the first state in the nation to offer health insurance to income-eligible individuals who are incarcerated - starting 90 days prior to their release. The feds just agreed to match funds spent on Medi-Cal or CHIP for people leaving jail, prison or juvenile correctional facilities.

Hagar Dickman, senior attorney at the nonprofit Justice in Aging, said it is in everyone's interest to set justice-involved people up for success.

"The idea is to ensure that people are connected with services prior to their release, and individuals with mental-health needs and substance-abuse disorder also can have their medication given to them prior to the release," Dickman said.

Previously the feds would only reimburse the state's Medi-Cal expenses for people upon their release. In addition, the state passed a law last fall put people's Medi-Cal into suspension instead of terminating it while incarcerated. Now their status will be reactivated without them having to reapply.

This is not just a health initiative, it's an equity initiative - since a disproportionate number of people of color face incarceration, Dickman said. And it puts people on stronger footing as they re-enter society.

"This is really an important way to combat the significant effects of mental illness, mental health issues, and substance abuse in the jails particularly in light of both high rates of homelessness and also suicide and overdose as people are released," she said.

The move is part of the larger project called Cal AIM
which will modernize Medi-Cal - and allow it to cover things like housing supports, since secure housing is considered a social determinant of health.

The Louisville Metro Police Department engaged in patterns of conduct which violated people's civil rights, said a U.S. Department of Justice report released Wednesday.

The result of a nearly two-year long investigation, the document outlines repeated excessive use of force and unlawful search warrants.

Corey Shapiro, legal director for the ACLU of Kentucky, said for years officers have targeted Black people for minor offenses such as wide turns and broken taillights, while serious crimes such as sexual assault and homicide went unsolved. He pointed out officers videotaped themselves throwing drinks at pedestrians from their cars, insulted people with disabilities, and called Black people "monkeys," "animal" and "boy."

"The style of policing that LMPD engaged in was very aggressive, very targeted against Black people, and also against vulnerable people like those with disabilities," Shapiro stated.

The report also highlighted the city's flawed accountability system for addressing misconduct by its officers. Since the 2020 shooting death of Breonna Taylor by police, the city has implemented some reforms, including banning no-knock search warrants.

Shapiro note it is likely the city will enter into a consent decree with the Justice Department, requiring the police department to make legally enforceable changes. He believes city officials also need to reckon with the affected communities and involve them directly in the solution-building process.

"The Black community, which has been harmed and essentially terrorized for years, the city needs to look to them and find out what are the solutions that they want," Shapiro urged.

The Louisville Metro Police Department report is one of eight investigations into law enforcement agencies opened by the Justice Department's Civil Rights Division, including the Minneapolis Police Department, the Phoenix Police Department, and the Louisiana State Police.


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