STRATEGIC INITIATIVE
Memphis Community
Bail Fund
Bail is the amount of money a person must pay the court to secure their release from jail. This period of pretrial detention can last for weeks, months, or even years and can be devastating to a person, their family, and their community.
The Memphis Community Bail Fund helps prevent some of that unnecessary imprisonment and limits its destructive impact on families and the community by paying bail amounts up to $5,000 for people who cannot afford it. For those unable to pay, there is a major ripple effect that affects the entire community.
230
An average of 230 people per month cannot afford to post bond.
7
People who cannot pay bail spend an average of 7 days in jail.
$107
The cost to taxpayers is $107 per night in jail.
$2M
Shelby County spends $2 million per year jailing people charged with low-level crimes who cannot pay bail.
Our bail fund limits the disruption of life for our clients by returning them more quickly to their jobs, families, and schools. In fact, more than 60% of them had their charges dropped completely and are eligible to have all record of their charges cleared via a process called expungement. Research also shows that these individuals are at lower risk for reoffending or returning to jail.
Our bail fund is part of a national network of community bail funds. But ultimately, bail funds are not part of the solution. Whether someone remains in jail before their trial should have nothing to do with their ability to post bail. We are committed to a future that does not include bail funds or money bail in any form.
Who does the bail fund serve?
Currently, Memphis Community Bail Fund candidates are referred exclusively by the Office of the Shelby County Public Defender.
What we’ve done:
Started the first two bail funds in the south committed to both regular bail payment and long-term decarceration: The Nashville Community Bail Fund and the Memphis Community Bail Fund were both founded in 2016.
Paid bail for more than 1,000 people with our Memphis Community Bail Fund.
In 2020, we rapidly and significantly increased our bail fund support to help get people out of jail, limiting their exposure to the virus and reducing its spread.
In October 2020, we spent our millionth dollar on bail. This was the price of freedom for 434 people over five years.
How we can change it for good:
Eliminate money bail for misdemeanors locally.
Completely replace wealth-based pretrial detention in Shelby County.
Abolish bail at the state level.
In 2022, after advocacy by Just City and our partners, Shelby County created a new process that, once it’s implemented, will make the county bail system one of the fairest in the nation. The new system will include a new bail hearing courtroom; individualized bail hearings with counsel no later than three days after a person’s arrest; examination of a person’s financial circumstances prior to any decision; court reminders; and imposition of secured, unaffordable money bail only as a last resort. We’ve posted some preliminary data and analysis of the reforms here.
How does a revolving bail fund work?
The Memphis Community Bail Fund is a revolving fund supported by donations from the community. It helps people avoid the potentially devastating consequences of extended pretrial detention. As long as a bail fund client returns to court as directed, the cash-bail money is returned to the fund and used to support future clients. Capitalized like this, a bail fund can be sustained with minimal additional donations.
