A GA law just made it harder to avoid jail. Here’s what changed
Among the many other new laws that took effect July 1, Georgia’s bail bond system changed in a significant way.
The main goal of Senate Bill 63 is to make it harder for people accused of certain crimes to get out of jail without paying cash or using a bail bond.
The bail bond process can be a complicated system to navigate, and these changes will put further restrictions on the rules about getting out of jail.
How does Georgia’s bail bond system work?
The Judicial Council of Georgia explains how the state court system works. If someone is arrested, they may be released from jail before trial by paying bail or posting a bond. This is a promise to return for court dates.
Bail is money paid to the court to make sure someone returns for trial. If the person shows up, the money is returned. If not, they lose it.
Bond is a promise, often backed by a bail bondsman, to pay the bail if the person doesn’t show up.
What did the old system allow?
Judges could decide if a person should pay bail or be released on their own recognizance (a promise to return, with no money needed).
Churches, charities and individuals could help pay bail for as many people as they wanted.
For many minor or nonviolent offenses, people could be released without paying cash if the judge believed they weren’t a flight risk or danger to the community.
Key features of the new law
After SB 63:
Mandatory cash bail for more offenses: Judges must set cash bail for dozens of charges, including many misdemeanors.
Limits on charitable bail assistance: Charities and individuals can only bail out up to three people per year unless they register as a professional bonding agency.
Repeat Offenders: People with prior felony arrests are less likely to be released without paying bail, even for minor new charges.
More charges require cash bail: The law adds 30 new offenses, including 18 misdemeanors, to the list of crimes that require cash bail or a surety bond.
Less flexibility for judges: Judges can no longer release people on their own recognizance for these listed offenses:
Racketeering
Sex trafficking
Animal cruelty
Criminal trespassing
Obstruction of a police officer
Two or more instances of failing to appear in court for a traffic citation
What will this mean for Georgia residents?
More people will stay in jail
It’s harder for charities to help
Less flexibility for judges
Potential for legal challenges
Reactions to GA SB 63
Critics of the new law fear newly arrested individuals who can’t afford bail could be stuck in jail until their court date.
The ACLU’s Criminal Law Reform Project and the Southern Center for Human Rights, have filed a class action lawsuit challenging the new law, saying it violates the Georgia State Constitution. The organizations call the new provisions, “incredibly burdensome — perhaps insurmountable — and [are] both irrational and arbitrary.”
Supporters say it is a positive step toward bail reform. Lt. Governor Burt Jones commends State Senator Randy Roberton, the sponsor of the bill, calling it the “cornerstone” of the efforts to reduce violent crime.
Robertson says the legislation “is common sense legislation that streamlines the judicial process while providing Georgia families with another level of safety that has been stripped away in many states around our country.”
Lawmakers hope the law will:
Increase public safety
Create more accountability in the bail process
Encourage uniformity and consistency
Deter future crimes
What are your thoughts on the new bill? Do you think it will help or hurt the crime rate? Do you believe it disproportionately affects poor people?
Email me at srose@ledger-enquirer.com or find me on social media.
