MEMPHIS, Tenn. -- Legal advocacy groups in Tennessee have asked Shelby County Court officials to change their bail and pretrial detention practices, or face a lawsuit about their constitutionality.

Andrea Woods, staff attorney for the Criminal Law Reform Project at the ACLU, explained under Shelby County's current system, people who cannot afford to pay their bail can be jailed indefinitely, even if they are not a flight or safety risk.

"The person may not even learn what their bail amount is unless they ask," Woods observed. "The legal processes don't address their bond, don't provide them the opportunity to seek release; and it can be days or weeks before they have a lawyer who can try to get them out, if they can't afford their bail."

The ACLU of Tennessee, along with the Wharton Firm and Memphis nonprofit Just City have asked the court in writing to ensure a person's financial circumstances are examined prior to any bail hearing, among other reforms.

Groups like Tennessee Voices for Victims argue loosening bail polices could pose a safety threat to communities. Shelby County District Attorney General Amy Weirich had said she is willing to discuss the issue.

Josh Spickler, executive director of the group Just City, pointed out Shelby County's is not the only Tennessee court to come under scrutiny for its bail practices. He noted last year, a federal judge ruled Hamblen County's cash bail practices violated constitutional rights.

"The reasons that we keep people in a jail are really only twofold," Spickler noted. "Are they a risk of not returning to court, and are they a risk to the safety of the community? When you put money into that equation, it can quickly result in what we have here in Shelby County, which is a jail full of poor people."

Spickler stressed other types of releases, such as unsecured bonds, still hold people accountable. However, he acknowledged the system can fail victims. He cited a recent case in Waukesha, Wisconsin, in which a person with a history of violent crime had been released on a relatively low bail amount when he killed six people and injured dozens of others at a Christmas parade.

"But I think the key takeaway there is that this is an outlier," Spickler cautioned. "It is a very rare event. We do have some data about people who are accused of crimes while out on bail, and those are tiny."

According to the Vera Institute, in 2019, Shelby County spent nearly $139 million, more than 30% of the county's budget, on its two jail facilities.

A Minnesota proposal is in the works that supporters say would end forced labor in correctional facilities.

They note the 13th Amendment was adopted nearly 160 years ago, but believe a form of slavery is still present in America's prisons. Advocacy groups point to wording in the Minnesota Constitution that there should be no slavery in the state, with exceptions for punishment for a crime. They say incarcerated people are exploited by having to work for 50 cents an hour, providing them little money to pay victims back, support their families or have resources to rebuild their lives post-release.

Aaron Ernst, who served time in Minnesota, said this overshadows other reforms.

"The rehabilitation part is kind of there," he said, "and then the reconnection to the community is just nonexistent."

While incarcerated, Ernst said he was outsourced for municipal work but would have had a hard time landing that same job after his release. The End Slavery in Minnesota Coalition is working with lawmakers on a bill for next year's session to classify these individuals as legal workers with specific rights. There are similar efforts elsewhere, but advocates say Colorado's reforms haven't ended the practice there.

By not providing a minimum wage, said David Boehnke, the coalition's lead organizer, they estimate the current pay structure in prisons steals $100 million each year from the poorest Minnesotans.

"If we want a safety system and not a slavery system, this is how we get it - we give people basic rights and basic wages," he said. "That lifts up their whole communities, and that allows people to repair harm they've caused in a meaningful way."

Groups pushing for change add that the longstanding effects of slavery are still found in incarceration numbers. Nearly 40% of people held in Minnesota prisons are Black - despite representing less than 8% of the state's overall population.

In a statement, the Department of Corrections said it's committed to providing work experiences for incarcerated individuals that improve fundamental skills and can lead into opportunities for more technical training. It said that can help create a successful re-entry.


get more stories like this via email

With demand for assistance dogs on the rise, people in two West Virginia prisons are getting involved in their training.

At Saint Marys Correctional Center and Lakin Correctional Center in West Columbia, incarcerated men and women can participate in the paws4prisons® program, learning how to train assistance dogs. They begin by teaching basic and advanced commands to rescue dogs, then graduate to training assistance dogs which learn around 100 commands.

Amanda Rubenstein, associate superintendent of programs for the West Virginia Division of Corrections and Rehabilitation, said the dogs have an effect on everyone around.

"Even the facilities in general, the other inmates that aren't in the program have so much respect for it," Rubenstein observed. "We have inmates that haven't petted dogs in years that come here, you know, 'Oh my gosh, there's dogs in prison.' They may not want to be a part of the program, but they love interacting. They love the mission."

She noted the dogs go everywhere in the facility with their handlers and sleep in kennels next to their beds.

Recent research shows veterans with Post-Traumatic Stress Disorder have seen their symptoms reduced, reporting lower rates of depression and anxiety after three months with a service dog. Incarcerated people often suffer from PTSD and Complex PTSD. Research also suggests prison-based dog training programs help people involved feel hope and develop a number of life skills.

"It teaches them responsibility, how to be better mothers, fathers, better family members, better citizens overall," Rubenstein outlined. "I think that responsibility aspect, and then, just the feeling of normalcy again for them."

paws4prisons® is an offshoot of paws4people®. They train Labrador Retrievers, Golden Retrievers and a mix of the two breeds known as Goldadors. Dogs begin training at around 5 months old. Trainers have weekly meetings by phone and video conference with paws4people® staff. Incarcerated people must apply to join the program, and given the amount of training involved, Rubenstein stressed they seek candidates who have enough time.

"We also look at inmates that are going to be incarcerated a little longer, because the academics last anywhere from six to nine months," Rubenstein explained. "We want to make sure they have time to complete that and then use those skills that they learned in academics. I prefer someone that has at least 18 months before they see the parole board or discharge."

She added assistance dog training takes between a year and 18 months.


get more stories like this via email

New data shows incarceration has ballooned in Kentucky's rural counties, and less populated regions are building more jails.

The findings come from an analysis of jail-offenses data by the nonprofit Prison Policy Initiative. Wanda Bertram, a communications strategist for the organization, said small towns and counties pour a huge amount of public resources into arrests for minor offenses. She added that those same counties are doubling down on policing and prosecution policies.

"Incarceration is a costly business," she said. "It is extremely destabilizing for people who go to jail, and it may or may not actually do anything to improve public safety."

The average county in Kentucky had about 12,000 people incarcerated in 2019. That number has decreased to around 10,000 in 2024, according to the Kentucky Association of Counties.

Across the country, Bertram said, most counties see jails as a place to hold people charged with low-level offenses or misdemeanors.

"Two thirds of people are being held on charges that did not involve physical violence against another person," she said.

According to federal data from 2023, 20% of people in jails were held for misdemeanors. According to the Jail Data Initiative, the actual number of people in jails that year for non-violent offenses is closer to 35%.


get more stories like this via email