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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South Dakota's police training program included a new course this year, one specific to tribal communities.

A class of 20 graduated yesterday from the state's law enforcement academy in Pierre, including eight officers from three tribal nations.

Before now, tribal police officers typically traveled to New Mexico to receive both basic training and instruction specific to Native communities. For the first time, the state training this year included a course on criminal justice in Indian Country.

Marty Jackley, Attorney General, said law enforcement in the state has always "enjoyed strong relationships" across jurisdictions.

"The key part of this training, it builds those already existing relationships and makes them stronger. And it keeps our tribal officers closer to home."

In the past, traveling to New Mexico for the 13-week training has been a barrier for tribal officers. The localized class came about through partnership with the Bureau of Indian Affairs and funding approved by Gov. Kristi Noem, despite tensions this year between the governor and tribal leaders.

Jackley noted he has included next year's class in his budget for the 2025 legislative session.

"The governor has been very supportive of this class and so the hope is we're able to recreate this and build upon it, one class every year," Jackley asserted.

The training was rolled out this spring following moves by all nine tribes across the state to ban the governor from their lands. The bans were largely in response to inflammatory statements Noem made, including her allegation tribal leaders are "personally benefiting" from area drug cartels.


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North Carolina has not carried out an execution in 18 years and advocates are urging Gov. Roy Cooper to commute all death row sentences before he leaves office.

Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, warned the long pause could end soon, as it depends on ongoing Racial Justice Act litigation and lethal injection protocol challenges.

"It's not a question of if executions will resume in North Carolina but it is a matter of when they will resume," Nickle contended. "Given the current makeup of our state legislature and our state Supreme Court, we feel certain that the two litigation issues that have prohibited executions will fall away."

North Carolina currently has the fifth-largest death row in the United States, with 136 people. The coalition has placed billboards around Raleigh to highlight the urgency of commuting these death sentences to life in prison.

Nickle argued abolishing the death penalty would be a major step toward a fairer justice system. She noted history has proven not everyone sentenced to death is guilty. In all, 12 people in North Carolina have been exonerated and released from death row. Nickle also pointed out racial disparities in death penalty sentencing.

"Sixty percent of our death row is made up of people of color and the demographic in North Carolina is that 30% of our citizens are people of color," Nickle outlined. "More than half the people on death row were sentenced by an all-white or a nearly all-white jury."

Nickle also challenged misconceptions about the death penalty, arguing it is neither fair nor cost-effective. She highlighted some victims' families have expressed executions do not bring healing or closure. Nickle also cautioned resuming executions would have a significant emotional and financial impact on the justice system.

"When executions resume, just imagine the strain and the traumas that will be placed upon the individuals, our state employees, not having done any executions in 18 years," Nickle emphasized. "We know from other states that have resumed executions that it's a tremendous strain on the system."

With 23 states in the U.S. having abolished the death penalty, the group hopes North Carolina will join the growing number of states choosing to end the practice. The group will continue advocacy efforts with a 136-mile walk on Sept. 26.


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Charleston City Council members have greenlighted a citizen-led municipal measure to reduce local penalties for some marijuana possession offenses.

Bill Number 8039 removes fines and jail time for first-time low-level possession of marijuana. Currently under state law, marijuana possession is a criminal misdemeanor, punishable by up to six months in jail and a $1,000 fine.

Corey Zinn, a community organizer for the group Charleston Can't Wait, said the move is a positive step forward for the city.

"We're guaranteeing that if you haven't had another drug offense, that if you're arrested with 15 grams or less, that you're not going to have a fine, you're not going to serve jail time," Zinn outlined.

According to Section 89 of the city charter, Charleston residents can introduce measures to the ballot by petition, an ordinance or amendment with enough signatures. More than 4,000 residents signed the petition to reduce marijuana possession penalties.

Zinn added it was encouraging to hear city lawmakers acknowledge the community harms associated with criminalizing marijuana. According to data from West Virginia University, more than 1,600 residents were arrested in 2021 for marijuana possession or sales.

"It felt really powerful to hear those conversations and to talk about the racial disparities," Zinn noted.

Zinn feels the city is drastically limited in changing drug policies because of West Virginia's harsh penalties for possession.

"There's still this message that this is still a crime, this is still something that you should not do, and I think a lot of people would agree that's not really the case," Zinn pointed out. "If there's not some other crime being committed, then there shouldn't be an issue with this."

An overwhelming majority of U.S. adults, 88%, said marijuana should be legal for medical or recreational use, according to a survey released earlier this year by the Pew Research Center.


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