The state of Indiana is facing a lawsuit over a new law placing restrictions on charitable bail funds.

Among other provisions, the law would limit who can be bailed out by the charitable organizations, and attach a $300 certification fee to certain bail groups.

Ken Falk, legal director for the Indiana ACLU, pointed out the new law applies only to charitable bail funds, and not individual citizens or bail bond companies. The Indiana ACLU filed the suit on behalf of the Bail Project, a national nonprofit which helps post bail for folks in jail, and the only large bail fund in Indiana.

"Under Indiana law now, anyone can pay that bill," Falk explained. "Except, there are limitations placed on one entity only, and that's The Bail Project. And for the life of me, I can't figure out why that would be."

Falk argued the new law violates the Bail Project's constitutional right to equal protection under the law and their First Amendment right of "expressive advocacy." Last year, news outlets and Republican lawmakers alleged the project was posting bail for people who later committed violent crimes, allegations largely debunked by an Indianapolis Star investigation.

The new law would bar charitable funds, but not for-profit companies, from posting bail for people charged with a violent crime or anyone who has a prior violent crime conviction and is charged with a felony.

Twyla Carter, national director of legal and policy for The Bail Project, said the number of people the project bails out who later go on to commit violent crimes is very small.

"Anytime you legislate around extreme cases, it can be problematic," Carter noted. "We would just ask people to keep that in context and recognize the full body of our work."

The Star investigation found, since December 2018, three people in Marion County previously bailed out by the nonprofit have since been accused of murder. According to its website, The Bail Project provided support and resources for more than 1,000 Hoosiers during the same time period.

While acknowledging lawmakers should not legislate based on a small minority of cases, Carter said she does not want to downplay the issue of violent crime.

"Certainly we don't deny the tragedies that occurred, certainly those particular cases will work their way through the criminal-legal system just like any other case," Carter pointed out. "But unfortunately what we saw then was the politicization of those particular stories."

The law is tentatively set to go into effect in July, although Falk said the Indiana ACLU has filed for an injunction to block the policy while the case is litigated.

Today, advocates in North Carolina are kicking off a 136-mile "Walk for Commutation" to raise awareness about those on death row who could soon face execution.

Organized by the North Carolina Coalition for Alternatives to the Death Penalty, the walk is part of a larger push that calls on Gov. Roy Cooper to commute the death sentences before he leaves office.

Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, stresses the urgency as the state prepares for a change in leadership.

"There's really no denying the racism of the death penalty," Nickle explained. "There's also no denying that death sentences have dramatically decreased. Most people on death row were sentenced more than 20 years ago. People are aging. They are no longer, if they ever were, a threat to our communities. We know that the death penalty doesn't keep us safe."

North Carolina has not executed anyone since 2006, but concerns are growing that the state may follow South Carolina's recent decision to restart executions after a 13-year pause.

Nickle called attention to the racial and geographic disparities in death penalty cases. She explained that 60% of the people on death row are Black despite them making up a smaller share of the state population, and added that being put on death row can sometimes depend on where you live.

"For example, we'll be walking through Chapel Hill and Durham as well where there's no one on death row and where the district attorneys have said -- in fact, they were elected on a platform of not seeking the death penalty," she said.

Nickle added the coalition's goal is to spark a statewide conversation about the death penalty's flaws and the urgent need for reform. The walk will begin outside of the Forsyth County Courthouse and conclude on Oct. 10, which is World Day Against the Death Penalty.


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A new report examines bail reform and its potential impact in North Carolina and nationwide.

Advocates said bail reform aims to remove the influence of money from decisions about releasing defendants awaiting trial, focusing on factors such as the likelihood of returning to court and potential threats to the community.

Ames Grawert, senior counsel at the Brennan Center for Justice and the report's co-author, said despite critics linking bail reform to rising crime during the pandemic, data show no direct connection between the two. Instead, he noted moving away from cash bail could pave the way for a fairer justice system.

"People who are Latino or Black and accused of crimes, their bail amounts tend to be set higher," Grawert pointed out. "This can be a huge burden to those communities because even if someone is able to secure a bond, like a bail bond, rather than pay the amount of money required by the court outright, those bonds can often come with very high nonrefundable fees."

Grawert noted it can trap people in a cycle of debt or prolonged pretrial detention simply because they cannot afford the costs. The report showed even when given the option to pay bail, only 33% of Latinos are able to afford it.

The study also highlighted how bail reform could help reduce the collateral damage of incarceration, which often limits access to essential services and increases the likelihood of recidivism.

Grawert observed states like New York have already seen success with its bail reform efforts.

"These sorts of pretrial supervision services can be very successful in helping reduce unnecessary pretrial detention while preserving public safety," Grawert contended. "The catch is they have to be adequately funded. They have to have professional staff, and that can't be taken for granted."

The report urged policymakers to invest in alternatives to cash bail and provide support for pretrial services like supervision programs as well as increased access to mental health and substance abuse treatment.


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A new report finds using computer tablets in prisons in Connecticut and nationwide isn't filling the void of books.

The Prison Policy Initiative report notes more states provide access to tablets for prisoners. In 2019, only 12 states allowed them - now, 48 do.

But tablet use is increasing at a time when accessing physical books is a challenge due to bans.

Connecticut has close to 2,500 titles on its banned list, though some deemed explicit include medical books.

Wanda Bertram, communications strategist with the Prison Policy Initiative, said these devices make blanket book bans easier to impose.

"Someone who is eager to learn and to read books to escape the world that they're living in, is not going to find a ton on tablets that's going to be that stimulating for them," said Bertram. "The books that are offered on tablets don't seem to be filling the void that's left when prisons choose to restrict access to physical reading."

A PEN America survey finds 84% of prisons have implemented 'content neutral' book bans.

This means instead of being able to directly send an incarcerated person a book, friends and family members have to choose a title from a prison-approved vendor.

Experts say limiting literature can be counterintuitive for prisons. Studies show increased literacy rates, reading, and education programs in prison are key to reducing recidivism and reincarceration.

Pandemic-induced staff shortages are lingering in prisons, which also has led to library services being restricted or cut entirely.

Bertram said she thinks books are critical for people behind bars, noting they can aid with mental health or allow people to plan for life after incarceration.

She said prisons can ensure incarcerated people's access to books.

"Not only are libraries a valuable resource when it comes to just allowing people to read, they're also valuable as a place where people can meet and talk to each other," said Bertram. "Some of the most impactful peer-to-peer or incarcerated people-led programs that have come up in prisons originated in libraries."

While she said she wants to be more optimistic, the growth of computer tablet use is coming at the cost of accessing physical books.

A 2023 Marshall Project review finds state prisons explicitly banned over 50,000 books.

At the same time, 23 states, Washington, D.C., and the Federal Bureau of Prisons say they evaluate books on a case-by-case basis - but use vague rules and have little oversight.