Coalition launches revolving bail fund
FAYETTEVILLE — The Arkansas Justice Reform Coalition recently launched a revolving community bail fund aimed at helping people who can’t afford bond to get out of jail while waiting for their cases to wind through the courts.
“We know that families are stronger and more stabilized whenever they’re not trapped in jail just because they’re too poor to buy their freedom. They’re able to stay with their families, take care of their children, keep their jobs, and maintain their housing,” said Sarah Moore, executive director of the Arkansas Justice Reform Coalition. “Even a few days in jail has the ability to destabilize individuals, and evidence has shown that individuals have a higher likelihood of being involved again in the criminal system.”
The program, called the Northwest Arkansas Hummingbird Project, had a soft launch in May, and three people have been bonded out of jail so far, Moore said. The project is focused on people in Benton and Washington county jails.
Both prosecutors and public defenders said they have no problem with the idea.
“I’ve got no issue with that. To me it’s no different than anybody else — family member, neighbor, friend, whoever — bonding somebody out,” said Matt Durrett, prosecuting attorney for Washington and Madison counties. “If they want to put up money to bond someone out and act as surety for that person, that’s their prerogative.”
If the coalition intends to keep up with the people and see that they make their court appearances, it could reduce the number of people who fail to appear, he said.
“If you get someone out of jail and make sure they show up to court, that’s kind of the point of a bond — to make sure the individual shows up for court — and if you’ve got a group that’s going to be vigilant in keeping contact with folks who bond out, offering transportation and reminders and what not and that’ll cut down on our failure to appear rate, then I’m all in favor of it,” Durrett said. “It’s their money, and they can put it up for whomever.”
BUILDING ON THE BAIL PROJECT
The Hummingbird Project was launched after The Bail Project shut down its demonstration project in Benton and Washington counties in August 2022. The Los Angeles-based nonprofit organization provides money for people unable to pay for bail themselves. The organization posts bonds in certain situations for people, up to $5,000 in most cases.
Jeremy Cherson, spokesman for The Bail Project, said last year that its work in Northwest Arkansas demonstrated that people would show up for court even with no money of their own on the line. Cherson said it also showed cash bail is not needed to ensure people show up for court.
The Bail Project provided free bail assistance from August 2019 to August 2022 for 600 people in Benton and Washington counties. Cherson said 92% of the people returned for their court dates.
Moore said that the Hummingbird Project can post up to $5,000 at a time with its current funding. But bonds of anywhere from $5,000 to $25,000 strain the limits of current funding.
“You can see very quickly what kind of funding we would need for that,” Moore said.
Jay Sexton, chief public defender in Benton County, said he felt The Bond Project did a lot of good while it was here.
“When the Bail Project was in place and it was going pretty good, pretty steady, I thought they did an invaluable job,” Sexton said. “I thought they did a great job for people who were not able to bond themselves out. So, if these people are wanting to do the same thing, if it’s a mirror of what The Bond Project was doing, I would say that’s great, they’re doing a service to people who are indigent.”
Sexton said his one concern is that bond amounts required to get out of jail in Benton County have been creeping up and, depending on how much money the Hummingbird Project has available, that could limit how many people can be helped.
“I think there will still be some people that will be on a $7,500 bond, $10,000 bond, and they’re going to be left out there, but beggars can’t be choosers, and I think that any help is deeply appreciated by our clients,” he said.
The Hummingbird Project held a fundraiser in Fayetteville on July 20, and the group is hoping for more donations.
“Our goal is to be able to at least get one or two or three more people out with our fundraiser, and we’ve been pleasantly surprised at the response from the community,” Moore said. “We’re very hopeful that our community is ready to step up and find another way forward that works for all of us, that helps our families to thrive like we want in Arkansas and like we want across the region.”
HOW HUMMINGBIRD WORKS
The Hummingbird Project works like a community bond cooperative, Moore said. It’s a revolving fund, so they post the full bond amount, and when the individual completes all their court obligations, the money is returned to the fund and the group can get another person out of jail, Moore said.
“So we have a conversation with them, with any individuals within the community, to determine if we’re a good fit together, and then once that’s determined, we post a bond amount, and we continue to see these individuals through,” Moore said. “We maintain contact with them on a regular basis. We’ve gotten two of our individuals into more stabilized housing situations. One of those individuals is reunited with their support system that they had been distanced from.”
Rodney Christian, the first recipient, said he’s retired and on a fixed income, and the help he received paying his $2,500 bond came at an opportune time.
“I was able to keep my home. With me being on probation at the time, I was able to get out and continue my community service work as far as nonprofit organizations,” Christian said. “You’ve got other people who are incarcerated, and they don’t need but just a little bit of bond money to get out and resume their lives.”
Moore said Hummingbird doesn’t consider guilt or innocence of the individuals because everyone who is charged with a crime is presumed innocent under the law and they let the process play itself out within the system.
“Our focus is entirely on knowing that people will get better case outcomes, get better access to justice by being in communities and having their needs met and being connected with their families, with their neighbors, in a way that they can continue to be successful in their lives,” Moore said. “That has a lot of bearing on whether or not they potentially end up with a lengthy sentence or, in some cases, have their case fully dismissed.
It’s a case of trying to mitigate the potential damage, Moore said.
“Most people charged are never going to prison; they’re coming back into their communities no matter what, and whenever someone maybe takes a plea deal and goes on supervision, they’re back in our community,” Moore said.
When people are jailed and can’t make bond, it can have a domino effect, Moore said. They lose contact with family and community and may lose housing or a job. They also rack up fines and court fees they have to pay on top of getting back into the community and getting stabilized after they’re released.