Bail Reform: Justice Deferred While Legislature Played Politics

By the conclusion of legislative session today, the Connecticut General Assembly will not have taken action on the bail reform measures proposed by the bill known as “Second Chance 2.0.” The bill would have eliminated cash bail for people charged with misdemeanors, while allowing judges to set bail if someone posed a flight risk or danger to others. David McGuire, Legislative and Policy Director & Interim Executive Director of the American Civil Liberties Union of Connecticut, had the following reaction:

“Today’s inaction from the General Assembly is a sad case of politicians prioritizing politics over peoples' lives. Instead of taking the opportunity to stand up for justice by fixing Connecticut’s bail system, the legislature listened to the siren’s song of political posturing, and real people will continue to suffer because of it. Justice unfortunately remains deferred for the Connecticut coworkers, neighbors, and parents who are in jail pre-trial because they are poor.

Justice isn’t served by Connecticut’s current bail system, which punishes people for being poor. Due to the legislature’s inaction, a poor person charged with a misdemeanor, still legally innocent, could be trapped behind bars, while someone with means, charged with the same crime, could pay his or her way out of jail.

Our Constitution promises equal treatment under the law, but Connecticut’s bail system is staggeringly unequal. Emerging data shows that people stuck in Connecticut jails because they cannot pay bail are disproportionately minorities, and that courts set higher bail amounts for minorities than for their white peers charged with the same crimes. These inequities leave the state vulnerable to legal challenges.

Reforming Connecticut’s bail system remains the right thing to do. We call on the legislature not to turn its back on justice again, and to instead pass meaningful, comprehensive bail reform next legislative session. New Jersey, New Mexico, Kentucky, and other states have already shown that bail reform is possible, Connecticut should follow suit.”

At press time, in Connecticut, 58% of people held in jails pre-trial on misdemeanor charges are minorities, compared to a much smaller general population percentage. Meanwhile, 543 people are being held pre-trial in Connecticut jails because they could not pay less than $20,000 in bail, and 694 people have been awaiting trial in jail for 30 weeks or more.