Written by Peyton Hayes

In June, a portion of the Republican-backed Georgia Senate Bill 63 (SB 63) was halted by a federal judge due to a lawsuit that was filed by the ACLU of Georgia and the Institute for Constitutional Advocacy and Protection at Georgetown University on behalf of Barred Business Foundation, John Cole Vodicka, and Steve Williams. SB 63 includes legislation that targets charitable bail organizations that seek to bail out more than three people per year and requires them to register as bond agencies, and this action prevented these restrictions from being enforced. Now, bail organizations are beginning to operate again. On July 12th, a judge chose to temporarily block part of this legislation that restricts bail organizations from carrying out their activities.U.S. District Judge Victoria Marie Calvert granted a preliminary injunction and ruled that the three-bond limit is unjustified. Calvert said, “Posting bail for others as an act of faith and an expression of the need for reform has an important history in this country.” 

This legislation is one of many right-wing attacks on our freedoms. Other than SB 63 being a clear target on the poor and working class, conservatives have been attempting to limit community bail fund activity since it is so critical when there is an uprising against injustice. These measures to restrict bail fund organizing intensified after the 2020 Black Lives Matter protests, attempting to deliver more severe consequences and deter people from accessing this system of support.Although the lawsuit successfully blocked the bail fund ban, the rest of the legislation–such as mandating cash bail for thirty new offenses that were previously eligible for unsecured judicial release–is in effect now. Many of these offenses that now require cash bail do not include the physical harm of others, such as possession of less than an ounce of marijuana, failure to appear, and forgery. This is an ongoing attack on efforts to improve the criminal justice system.As of now, SB 63 mandates cash bail for anyone charged with criminal trespass if it’s their second offense. In addition, if an individual is charged with trespass, they are barred from the location for a period of time.

Bail mandates serve to portray politicians as tough on crime while appealing to conservatives who call for the criminalization of homelessness and extreme poverty.Unfortunately, the remainder of this legislation has not yet been legally challenged. But bail organizations will continue to operate as intended and oppose these harmful policies that would result in jail overcrowding for those unable to buy their freedom. We will continue the fight against mass incarceration and strive to ensure everyone has the opportunity to reclaim their freedom from this system.

Volunteer to JOIN the movement to help us advocate for halt of SB63.