By Sonali Kolhatkar for Yes!Magazine.
Broadcast version by Mike Moen for Minnesota News Connection reporting for the YES! Media-Public News Service Collaboration

The United States incarcerates more people than nearly any other country in the world. Among the millions in detention at any given time are hundreds of thousands being held in jails. According to the Prison Policy Initiative, “More than 400,000 people in the U.S. are currently being detained pretrial – in other words, they are awaiting trial and still legally innocent.” A significant portion of these people are “jailed pretrial simply because they can’t afford money bail.” Increasingly, nonprofit bail funds, such as the Minnesota Freedom Fund (MFF), are stepping in to offer an alternative to the predatory bail bonds industry.

Elizer Darris, MFF’s co-executive director, explains, “Historically, people have been released on what’s called their own recognizance—meaning their word that they will come back.” But, he says, the reality is that “there has not been any type of causal connection between bail and someone’s reappearance.”

Yet there is one causal connection that deeply concerns Darris: the link between the skin color of people who are arrested, and an assumption of their guilt. High on the list of issues that MFF tackles is “the criminalization of Black and Brown people” and “the automatic determination that because of how I look I must be guilty.”

“Something that a lot of people don’t know, and it actually may shock people,” Darris says, is that “jails actually have worse living conditions than prisons.” He says the criminal justice system essentially holds poor people hostage to “terrible jail conditions.” 

“Our organization exists so that [prosecutors] aren’t able to use coercive practices like jailing in order to get people to plead guilty to offenses that they otherwise would not be guilty to,” Darris says. MFF makes bail payments on behalf of people who are jailed and who otherwise would be unable to afford the bail that buys them their freedom while they await trial or formal charges.

The organization, which was the focus of news coverage and donations during the racial justice uprisings of 2020, is now facing a Republican-led state bill that would make it illegal to operate a nonprofit bail fund in Minnesota.

Darris, who views the entirety of the criminal justice system as problematic, says, “What we have decided to do as an organization was to have a historical view to recognize that many of the policies and practices that we see today have their roots in slavery in the United States.” Given such a framing, he sees it as “an obligation to disrupt those practices, and that’s precisely what we are doing.”

“Our organization isn’t just focused on bail funds,” Darris says. “It’s called the ‘Freedom Fund,’” because that name reflects a “broader definition that takes on the criminal justice system.”

“We are trying to disrupt some of the predatory practices that are happening within bail,” Darris says. “But what we’ve seen is that’s just not enough.”

As a nonprofit, MFF is prohibited from participating in political activism—so it has recently expanded its work into a second organization, a 501(c)(4) organization called MFF Action, whose function will be to “actually take action to put boots on the ground to door-knock within our community to not just support legislation, but to craft legislation.”

“If you can’t change the policies, you change the policymakers, you change the people who will put community at the center of their decision-making,” Darris says.

High on MFF Action’s list of priorities is gaining access to better data. Currently, district courts have limited public access data about who is required to pay bail, which makes it harder for activists to make their case against predatory bail practices.

Additionally, Darris says MFF Action will work to “make sure that bails aren’t being issued on some of the exceedingly low-level offenses that, quite frankly, do not impact public safety in the least bit.”

He says, “Part of the U.S. Constitution is that you cannot be given the bail that is excessive. You have to take into account the person’s ability to pay. [Prosecutors are] not doing that here in Minnesota. And so, we are fighting to make sure that bails aren’t just frivolously being given out.”


Sonali Kolhatkar wrote this article for YES! Magazine.


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Some 7,000 people are expected to attend this week's Psychedelic Science conference in Denver and public health activists are spotlighting the potential for mind-altering medicines to help address the nation's overdose crisis and end decades of mass incarceration.

Amanda Hall, senior director of national campaigns for the advocacy group Dream.org, said Colorado is on the front lines of psychedelic drug therapies, which she said can improve mental health, treat post-traumatic stress disorder and help people overcome addiction to opioids and other harmful substances.

"Psychedelics can help with substance use disorder, help people really get on that road to recovery and get their life back," Hall explained. "We've seen studies that it can reduce alcohol consumption by over 80% for heavy drinkers."

In 2022, Colorado voters decriminalized the use of psychedelics, including psilocybin mushrooms, mescaline and DMT for people 21 and older. The state has started licensing healing centers, expected to open as early as this summer.

Psychedelics are still illegal under federal law, but U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. has supported decriminalization.

Hall believes psychedelic therapies forged in Colorado could work hand in hand with efforts to reverse the punishment-based approach in what she called the nation's "failed war on drugs." In addition to addressing addiction, Hall emphasized it is important to make sure people arrested for drug offenses have access to resources which could improve their chances to reenter and remain in communities.

"To recovery resources, to housing, to employment," Hall outlined. "Things that research show actually makes us safer as well, as opposed to just continuing to incarcerate people."

Drug offenses are a leading cause of arrests in Colorado and across the U.S., and people of all ethnicities and backgrounds use illicit drugs. Those who are prosecuted are disproportionately people of color. The U.S. has the world's highest incarceration rate, with more than 2 million behind bars at any given time. Nearly two million are Black, up from 360,000 during the 1970s.


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A Kent State University shooting survivor is warning Ohioans and others to take note of the U.S. military's involvement in immigration-related protests. She says it echoes a dark chapter in Ohio history - when four students were shot by the National Guard at Kent State in 1970.

Chic Canfora, then a student protester and now a journalism professor at Kent State, said this weekend's deployment of National Guard troops and U.S. Marines to Los Angeles to contain protests feels chillingly familiar.

"It's just unconscionable that now the U.S. Marines, and not just the National Guard, are being deployed to an American city - not to respond to some foreign threat, but to stand in opposition to peaceful protests in Los Angeles," she said. "That does not belong in a democracy."

More than 350 protest-related arrests have been made across the country. California officials are suing for military withdrawal, while federal leaders defend the move as essential for public safety.

Canfora said protesters today - in Los Angeles, Chicago, New York, Seattle, Austin, Las Vegas, Washington, D.C. and elsewhere - are part of a long American tradition of speaking truth to power. She said they deserve protection, not repression.

"All of you who are doing this important work are part of a long line of Americans who have refused to be silenced," she said, "and you are what democracy looks like."

She also cautioned activists to stay vigilant, saying infiltrators may try to incite violence and discredit peaceful protests.

"It's very, very important for activists today and for all the protesters out there to be aware of people among them that don't belong," she said, "to isolate and expose those who are trying to make them look violent when they're not."

Canfora said history is watching. She believes the use of military force against civilian protestors anywhere in the United States threatens democracy everywhere, and urged Ohioans not to look away.


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A new study highlights the high price of incarceration, and says the annual total cost to families of Americans behind bars is nearly $350 billion.

The study from the nonprofit FWD.us says one in two American adults has seen incarceration in their immediate family, with higher rates among Black Americans.

Families with a member in jail or prison spend about $4,000 a year, and the report says for Black families, the cost is more than double due to longer sentencing.

Zoë Towns - executive director of FWD.us - said expenses like phone calls, care packages, long-distance travel, and new costs at home all contribute to the exorbitant price.

"It also includes depressed wages over the lifetime of the person who's incarcerated, who's no longer able to contribute," said Towns. "But also to all the other members of the family who oftentimes are also now experiencing lower pay, just because of all of the shock of incarceration and the disruption that comes with that."

She added that the children of people behind bars usually see their own wages depressed throughout their lifetime, even after a parent is released.

Wisconsin's incarceration rate is among the highest in the nation. Black Wisconsinites are locked up at a rate nearly 12 times higher than whites, despite making up just 6% of the state's population.

The report shows incarceration rates are also higher for people in poverty, with subsequent expenses eating up more than a quarter of the family income.

Towns said the stigma around incarceration often means it's overlooked in discussions about household budgets.

"This report comes at a time when lawmakers and the American public are really thinking seriously about spending, about the price of everyday costs, they're thinking about affordability," said Towns. "And this is just one of those key drivers of affordability that is pretty significant and also under-discussed."

Towns noted that after 15 years of bipartisan criminal justice reforms to reduce incarceration, some political leaders are pushing to re-embrace it.

But she pointed out that states that have reduced incarceration have seen faster declines in their crime rates.

"And this is just another reminder of the harms of going backwards," said Towns. "It's not just that we don't need it, that it can't be defended on public safety grounds, it's also that it's coming at an extraordinarily high cost - not just to taxpayers, but directly out of the pockets of family members who are impacted by it, which is a great many people in America."

Towns said she hopes the research lifts up the stories of these families so policymakers can begin to address the issue more fully.



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