Massachusetts Bail Fund

MISSION:

The Massachusetts Bail Fund pays up to $2000 bail so that low-income people can stay free while they work towards resolving their case, allowing individuals, families, and communities to stay productive, together, and stable.    The Massachusetts Bail Fund is committed to the harm reduction of freeing individuals serving pre-trial sentences, and to abolishing pre-trial detention and supervision in the long-term.  
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Massachusetts jails are filled with people awaiting trial simply because they cannot afford bail.  Bail leads to longer incarcerations times, lost jobs, lost housing, and devastated families.   The Massachusetts Bail Fund provides up to $200 bail for low-income individuals.

HISTORY:

When someone is arrested in Massachusetts, a bail commissioner at the police station or a judge at the courthouse decides whether or not the individual will be required to provide money that will ensure that they return to court.  This money is their bail. If they cannot afford it, they will be held in jail until their case is over.  

According to Massachusetts Law, bail is meant to ensure that people return to court.  But a group of defense attorneys and social workers noticed that it was instead keeping their clients behind bars.  Many of their clients were spending months or years in jail awaiting the conclusion of their cases simply because they couldn’t afford their bail, sometimes as little as $50.00.  As a result clients were forced out of their homes, jobs, and communities, making effective representation and treatment increasingly difficult. The Massachusetts Bail Fund was created to address this inequity. Using  all donated funds, the Bail Fund provides up to $500 bail for low-income individuals.  

THE ‘COST’ OF BAIL:

Being held during the pretrial period has disastrous impacts on a person’s life.  Incarceration of even a few days can have a serious impact on defendants’ families, housing, employment, and health. People are fired from jobs, evicted from public housing, dropped from public assistance,  and kicked out of shelters. Students miss classes and parents lose custody of their children.  Despite this cost, research shows that reliance on cash bail is no better than effective pretrial conditions or phone or mail reminders in ensuring that a defendant returns to court to address his or her case.   

People who are held during the pretrial period are more likely to be convicted and receive harsher sentences than those who are released on bail.  The longer a person stays in jail, the more likely he or she is to plead guilty to a crime simply because doing so would ensure release.  The desire to go home is a powerful motivator and is used as a bargaining chip by the prosecution in order to push for a plea. 

A defendant’s ability to address legal charges while in the community rather than in jail results in better legal outcomes. The Massachusetts Bail Fund pays bail so that low-income people can stay free while they work towards resolving their case, allowing individuals, families, and communities to stay productive, together, and stable.