In a move that has sparked contention and legal challenge, Georgia's new law, Senate Bill 63, is under fire for its stringent restrictions on cash bail assistance—regulations that could effectively shut down charitable bail funds in the state. WABE reports that the American Civil Liberties Union of Georgia, along with the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, have filed a lawsuit on behalf of Barred Business Foundation, an Atlanta-based nonprofit, and two Athens locals associated with a church-run bail fund.
These plaintiffs are opposing a law scheduled to take effect on July 1, 2024, which limits individuals and organizations to posting no more than three cash bonds per year without adhering to the same regulatory conditions faced by bail bond businesses. The requirements are extensive, including background checks, fees, obtaining a business license, sheriff's approval, and establishing a cash escrow account or equivalent collateral. The Bail Project, a national nonprofit, has already ceased operations in Atlanta, citing the upcoming law as a significant barrier to its mission of assisting low-income individuals with posting bond.
According to WABE's coverage, the lawsuit takes a strong stance against the legislation, labeling it as "arguably the most severe restrictions on charitable bail funds in the nation." The lawsuit also characterizes the law as "incredibly burdensome — perhaps insurmountable — and is both irrational and arbitrary." ACLU of Georgia's legal director, Cory Isaacson, also criticized the law, stating, the law “is cruel and costly, forcing people to languish in jail because they can’t pay for their release, and prohibiting others from being able to help them become free,” suggesting that the law's implications infringe on First Amendment rights.
Defenders of the bill insist on the equity of requiring these organizations to operate under identical regulations as bail bond companies. Meanwhile, state prosecutors have expressed concerns over the use of community bail funds, particularly following incidents where protesters, including those opposing the construction of a "Cop City" training facility near Atlanta, appeared ready for arrest with bail fund information at hand. Leaders of such funds now face charity fraud charges. Defendants in the lawsuit include Georgia Governor Brian Kemp and Attorney General Chris Carr. None of them, nor representatives for Kemp or the Fulton County solicitor general's office, have provided comments citing pending litigation. The Associated Press has made an inquiry to the Athens-Clarke County solicitor general's office for a statement.
Expanding beyond the debated restriction on philanthropic outreach, the new law also intensifies its impact by requiring cash bail for an additional 30 crimes, including 18 that are largely or always classified as misdemeanors—such as failure to appear in court for a traffic citation. This escalates the potential burden on marginalized individuals or those experiencing hardship, starkly contrasting with the stigma attached to crimes warranting preemptive detention measures. The criteria judges will use to decide whether to prevent the law's enforcement and issue a preliminary restraining order remain overshadowed. However, what remains certain is the ongoing clash between the imposition of systemic barriers and the struggle to dismantle them, revealing the complex nature of justice as society debates who should hold the keys to the cell doors.
