Lawsuit against Indiana's charitable bail law fails, advocates promise to challenge ruling

A federal court has ruled Indiana's new law limiting charitable bail groups can go into effect, as advocates push for an end to the cash bail system.

In recent years, more groups like The Bail Project have emerged. Believing the bail system essentially criminalizes poverty, the non-profit posts bail for defendants free of charge. 

The Bail Project tells ABC57 it's helped more than 1,000 low-income Hoosiers since 2018, with 94% of them making their court date even with no financial obligation. It claims that percentage holds up across the two-dozen jurisdictions it operates.

A new Indiana law, HEA 1300, limits who these charitable bail groups can help and requires these groups to register with the state. The Seventh Circuit Court ruled, Thursday, the new law can take effect despite the lawsuit from The Bail Project and ACLU of Indiana claiming it violates freedom of speech protections.

"We're disappointed by the panel's decision," The Bail Project said in a statement to ABC57 News. "This law created a double standard in how nonprofits that provide free bail assistance are treated versus bail bond companies that profit from bonding people out. we plan to ask for a rehearing before the full court." 

The question facing lawmakers and law enforcement across the country is whether the cash bail system should continue.

According to the US Commission on Civil Rights, more than 60% of defendants are detained pre-trial because they can't afford to post bail. The Commission reports, between 1970 and 2015, there was a 433% increase in the number of people detained pre-trial, with significantly higher pre-trial detention rates from Black and Latinx groups compared to other demographics.

In July, Illinois became the first state in the nation to eliminate cash bail. Under the new system, a judge decides whether a defendant poses to much of a threat to release.

But the American Bail Coalition, a trade group made up of bail bondsmen and similar companies, claims the current cash system is preferrable because a judge's decision based criminal history or accusations may be more difficult to challenge than posting bond.

"I think their whole thing to end cash bail begs the question, 'and then what?' What type of system do we want?" American Bail Coalition Executive Director Jeff Clayton said. "Do we want a system of risk-based preventative detention, where we base your bail based on your predicted future behavior? I don't think so. So I think that's really what the issue is, is what would we replace it with? And that's where things get fuzzy for The Bail Project and others."

You can watch ABC57's full interview with the American Bail Coalition HERE