Shelby County bail method called “unconstitutional” by human rights organizations – FOX13 News Memphis

MEMPHIS, Tennessee – Several human rights groups have urged Shelby County to end its discriminatory bail policy based on wealth.

The organizations are the American Civil Liberties Union, the American Civil Liberties Union of Tennessee, Just City, and The Wharton Law Firm.

The organizations sent a letter to numerous Shelby County judicial and government officials quoting that the current practice was in violation of constitutional and legal rights, according to a statement from the ACLU.

“Arresting people simply because they cannot afford the sum of money is unconstitutional and harmful to public order. Shelby County officials should take this opportunity to eradicate the county’s discriminatory, wealthy detention practices. We’d rather see Smart Systems fixed now than be forced to take these issues to court, ”said Andrea Woods, associate attorney for the ACLU’s Criminal Law Reform Project.

A deposit is only used as a last resort when other options are deemed inadequate to ensure someone appears to their trial under Tennessee law.

The United States Constitution also requires the courts to hold bail hearings in the presence of an attorney within a reasonable time following an arrest and to consider special circumstances, such as an individual’s solvency.

In Shelby County, a person can be held for weeks or more without bail negotiation and solvency is not taken into account in determining bail, but they can afford to pay bail.

The letter urged the county to ensure that those arrested receive fair treatment.

“Shelby County keeps hundreds of people in jail every day without checking to see if they can afford their bail. A justice system that treats people fairly only when they have money is not about “justice,” said Hedy Weinberg, executive director of ACLU-TN.

Detention for just a few days can have significant effects, including job, home, education, health care and loss of custody of children, according to the announcement.

“Because of this community’s dependency on security deposits, the Shelby County Jail is full of people who cannot afford to pay for their freedom. There are proven alternatives to this counterproductive system – tools and guidelines that have worked in other cities like Memphis to reduce crime, save money and help people. These methods work, but they require guidance. Today we invite the Shelby County leaders to a long overdue conversation about safe and effective alternatives to the bond system. We hope they will join us, ”said Josh Spickler, Executive Director of Just City.

Shelby County spent over $ 139 million on its two correctional facilities in 2019, accounting for 31% of the total county’s budget, the ACLU said.

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