Group proposes 'Get Out of Jail' card for poor people: Impact 2016: Justice For All

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The Pretrial Justice Institute wants to stop people accused of low-level crimes from sitting in jail because they can't pay bail. (Cory Shaffer, cleveland.com)

CLEVELAND, Ohio -- Are three days in jail enough to wreck a life?

The Pretrial Justice Institute says yes, and the Maryland-based advocacy group is on a national campaign to stop people accused of low-level crimes from being locked up that long while their cases are resolved.

The institute wants states to overhaul the kind of bail practices that Cuyahoga County uses because those practices result in people being jailed needlessly, at great personal cost. They lose their jobs. Their families suffer in their absence, and society pays the price in the long run.

"Even three days in jail can be too much, leaving low-risk defendants less likely to appear in court and more likely to commit new crimes -- because of the stress incarceration places on fundamentals like jobs, housing and family connections," the institute reports on its website.

Local leaders have been talking about ways to reform our justice system for years, but only minor changes have been made. As the conversation continues, cleveland.com has launched a series, Impact 2016: Justice for All that looks at places with more equitable bail systems.

Here is more about the institute's effort, 3 Days Count:

What solutions does the institute propose?

The institute wants defendants accused of low-level crimes to be released without bail, if assessments show they are unlikely to commit crimes while free or to skip their next court dates. The group also aims to reduce unnecessary arrests.

Plans call for the institute to partner with state-level groups with the aim of changing state statutes, constitutions and court rules to form cohesive bail systems.

The group points to the District of Columbia as a model. The D.C. courts release 85 percent of defendants without bail. Judges are allowed to lock up the remaining high-risk people without the opportunity to post bail.

Is it safe to get rid of bail?

The institute argues a no-bail system is actually safer, because judges are able to jail dangerous defendants who, under a bail system, might be able to pay for their freedom.

The safety of the no-bail system relies on a careful assessment of the risk a defendant poses to the public. Assessments should take into account employment, criminal background, residence, age, ties to the community, substance abuse issues and other factors.

By monitoring defendants and imposing restrictions on releases, the District of Columbia reports that 90 percent of defendants return to court and 91 percent stay out of trouble while their charges are pending.

Would bail reform save money?

According to the Pretrial Justice Institute, an average of $67.44 per inmate per day is saved by releasing defendants and monitoring them with a court supervision program instead of keeping them in jail until their cases are resolved.

What's the average jail stay in Cuyahoga County?

Defendants who could afford to make bail in 2013 spent an average of 5.6 days in jail before they paid and were released, according to a report from the Cuyahoga County Prosecutor's Office.

Those who cannot afford bail, spend an average of 135 days in jail while their cases are resolved, according to numbers from the Common Pleas Court.

By either measure, jail stays in Cuyahoga County exceed the three days that the  institute says can cost defendants' jobs, disrupt the care of their children or increase the likelihood of future criminal behavior.

What's that mean for taxpayers?

The bill to taxpayers is $493 for 5.6 days in jail. For a 135-day stay, the bill runs to $11,880.

Will the 3 Days Count initiative come here?

Cuyahoga County Administrative Judge John J. Russo told cleveland.com that he is not convinced his court's bail system needs reforming. And no other Ohio group has asked to join the initiative.

So, the answer: not any time soon.

Click here to read our first installment of Impact 2016: Justice For All to learn more about D.C.'s no-bail system.

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