ATLANTA — The Bail Project, a national nonprofit dedicated to assisting low-income individuals in jail, announced on Monday that it has closed its Atlanta branch. This decision comes in response to a new Georgia law, Senate Bill 63, which expands the scope of cash bail and imposes restrictions on organizations that post bonds for inmates awaiting trial.
Senate Bill 63, set to take effect next month, mandates cash bail for 30 additional offenses, including 18 that are typically misdemeanors, such as failure to appear in court for a traffic citation. The law also restricts individuals and organizations from posting more than three cash bonds annually unless they qualify as bail bond companies.
This qualification process includes passing background checks, paying fees, obtaining a business license, securing approval from the local sheriff, and establishing a cash escrow account or other forms of collateral.
The Bail Project, in its statement, criticized cash bail for perpetuating a two-tiered justice system. “Two individuals accused of the same crime face vastly different outcomes: those who can afford bail are released, while those who cannot remain incarcerated for months awaiting court dates,” the organization stated.
The nonprofit also highlighted that numerous jurisdictions across the country have minimized or eliminated cash bail, redirecting resources to services that prevent crime and enhance community safety.
“Georgia’s lawmakers could have adopted similar evidence-based policies, including speedy trial legislation to address court delays and investments in preventative services to reduce reliance on pretrial incarceration. Instead, they opted for a path that perpetuates more incarceration, racial inequity, trauma, and harm,” the statement read.
Republican Governor Brian Kemp defended Senate Bill 63 during its signing ceremony last month, asserting that the law would “ensure dangerous individuals cannot walk our streets and commit further crimes.” The American Civil Liberties Union (ACLU) of Georgia has condemned the law as “cruel, costly, and counterproductive” and has threatened to file a lawsuit against it.
Democratic lawmakers had urged Governor Kemp to veto the measure, arguing that it would exacerbate jail overcrowding and disproportionately affect poor, minority defendants. They contended that the law serves the interests of for-profit bail bond companies and betrays the legacy of Kemp’s predecessor, Republican Governor Nathan Deal, who championed criminal justice reform.
Since its inception in 2018, The Bail Project has spent $81 million to secure the release of over 30,000 individuals from pre-trial detention across more than 30 jurisdictions.
The organization claims that this initiative has prevented nearly 1.2 million days of incarceration and mitigated collateral consequences such as job loss, housing instability, and loss of child custody. According to The Bail Project, over 90% of the individuals they helped returned for their court dates, challenging the notion that cash bail is necessary to ensure court appearances.