NO MONEY, NO FREEDOM:

The Need For Bail Reform

September 2016
The U.S. imprisons people at a higher rate than any other nation
on earth. In doing so, we cause great damage to the lives of millions
of Americans. A fair and just society is one that substantially reduces
incarceration, using it only when no other options can keep us safe.

The ACLU of Washington is working to advance major, systemic changes

to our criminal justice system that will promote freedom and fairness for
all, paying particular attention to the rights of those most marginalized.
Having spent a year examining our state’s bail system and connecting
with stakeholders statewide, we have found an urgent need for major
reform of the pretrial system and bail practices in Washington.

Locking up people before trial because they cannot afford to pay bail is
a leading cause of mass incarceration in Washington state and elsewhere.
Reforming our state’s treatment of people before trial, including the
use of money bail, will result in fewer people unnecessarily held behind
bars. This is why advocating for fair and effective alternatives to pretrial
detention is an important part of the ACLU of Washington’s Campaign
for Smart Justice. This paper discusses problems with our current
system and offers broad recommendations for reform.

Jaime Hawk
Legal Strategy Director
ACLU of Washington's Campaign for Smart Justice
 In our society, liberty is the norm, and
detention prior to trial or without trial
is the carefully limited exception.

United States v. Salerno

481 U.S. 739, 755 (1987)

Introduction
A person’s financial resources should never determine whether he or she
sits behind bars. Unfortunately, this is exactly what is happening in our
state. Some people routinely are incarcerated before they even stand trial
because they can’t come up with the money for bail.

In Washington counties where data is available, approximately 60

percent of the people in county jails at any given time — thousands
of people — have not been convicted of a crime.1 They are locked in
jail simply because they cannot afford the amount of bail set by the
judge. This high rate of pretrial detention exists despite the fact that
Washington court rules generally mandate the release of people accused
of crimes before trial.

Current practices that force people to stay in jail before their trial are
contrary to the fundamental American principle that one is innocent
until proven guilty. Accused people who can’t afford bail are instead
treated as if they have already been tried and convicted.

Judges in Washington often impose bail at an amount much higher

than many people can afford to pay, and without consideration of
individual financial circumstances and resources. This practice is a
glaring example of the reality that for people facing criminal charges
in our state, there are two systems: one for the wealthy and one for
the poor. This two-tiered approach denies justice to individuals,
undermines the fairness of the court system, and imposes unacceptably
high costs on the accused, their families, and our communities. It also
is in stark contrast to the practice of federal courts, which reformed the
unfair use of money bail 50 years ago.

This injustice is getting worse. Ninety-five percent of the growth in the

overall jail inmate population in the U.S. since 2000 was due to the
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 increase in the number of people in jail awaiting trial.2 In recent years,
courts have been setting bail amounts higher and higher.3 In Washington,
many of these jailed persons are accused only of low-level crimes.

The original purpose of bail was as a deposit intended to ensure that the
accused person would return to court for trial. Today, money bail has
For people facing become an excessive financial burden, one so great that it prevents the
criminal charges in accused from getting out of jail while his or her case is pending.

our state, there are A court’s decision to release an accused person before trial is one of the
two systems – one for most critical decisions made in a case. Keeping people in jail before trial
the wealthy and one seriously harms their prospects in court. People who are locked up are
less able to assist their attorneys in preparing a defense. To make matters
for the poor worse, judges sometimes set bail before the accused person has even been
assigned an attorney who can advocate for the client's release.

Individuals jailed before trial are more likely to receive a sentence of

jail or prison, and for a longer time, than those who are free before
their trial.4 Keeping a person in jail may also prevent a trial from even
occurring: The loss of income, possible loss of employment and housing,
disruption of prescribed medications, and stresses on one’s family that
accompany incarceration have induced many a person to accept a plea
bargain to get out.

Poor people, people of color, and people with certain disabilities are
disproportionately affected by the unfairness of bail. They are more likely
to be behind bars before trial, and this leads to a greater likelihood that
they will be convicted and incarcerated.
Individuals jailed
before trial are more The use of money bail is not the only means to ensure that a person
will appear at future court hearings. Courts can impose non-financial
likely to receive a conditions such as reporting to a pretrial services office or maintaining
sentence of jail or employment, training, or education routines to keep track of persons
prison, and for a awaiting trial. The federal court system and other states have implemented
some of these practices and developed better pretrial systems.
longer time, than those
who are free There is a growing national movement to reduce the costly use of pretrial
detention and of overcrowding in jails, and to design new systems for
people prior to trial. It is time to reform pretrial and bail practices
in Washington. Doing so will increase the fairness, integrity, and
effectiveness of our criminal justice system.

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What Is Money Bail and How Does It Work?
After someone is arrested, he or she appears in court, where a judge decides
whether to release the person before trial and under what conditions,
if any. The judge may release an accused solely on a promise to appear,
release the individual under certain conditions that are tailored to ensure a
person returns to court, or impose a requirement that the person pay some
amount of bail – an amount of money deposited with the court intended
to guarantee that the person returns for future court hearings.

When the court imposes bail, it is usually in the form of cash or surety.
Cash bail is paid to the court and returned to the accused after he or she
reappears for all hearings and the case is over. A court may accept cash
bail either as an “unsecured bond” that is simply a promise to pay the
cash payment if the accused fails to appear for a court hearing, or as an
“appearance bond” where the court accepts cash payment of up to 10
percent of the bail amount.

Most accused persons cannot afford the amount of cash bail on their
own, so the court may authorize different forms of payment, such as a
“surety bond.” A surety bond is a promissory note from a bail bondsman
to the court for the entire bond amount. Given current practices, a surety
bond is the most common, and most unfair, way used to pay bail.

The Role Bail Bondsman Play

The primary role of the bail bondsman is to insure the payment of surety
bail. Before insuring the cost of the bail, a bail bondsman requires an
accused person to provide personal or family collateral in the amount of
the bail. Often the collateral is a family member’s house or car; the typical
contract says that the bail bondsman can sell the collateral if the accused
person fails to appear at future court hearings. The bail bondsman also
charges a non-refundable fee that is typically 10 percent of the bail
amount. This fee or “premium” is the bail bondman’s profit and is never
returned. The national bail bonds industry does $2 billion in business
annually.5 If an accused person lacks the collateral or cash to pay a bail
bondsman, the person remains jailed.

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 Why Our Bail System Is Unfair
Jails are increasingly filled by people who have not been convicted
of a crime. Ninety-five percent of the growth in the U.S. jail inmate
population since 2000 was due to the increase in the number of people
being held before trial.6 In Washington, often these jailed persons are
facing low-level misdemeanors. They are routinely held because bail is set
Jails are increasingly at an amount they cannot afford to pay.
filled by people
Under our state’s current court rule which presumes the release of the
who have not been defendant, bail is supposed to be imposed as the last resort.7 For some
convicted of a crime judges however, bail has become the first and only option. The rise in
pretrial detention is often a result of judges not following the court rule.

A. FOR MANY IN AMERICA, BAIL IS OUT OF REACH

Not only are courts failing to follow the rules requiring release of
individuals, but courts also are increasing bail amounts for those who
are detained. Between 1992 and 2009 there was a 43 percent increase
in constant dollar values in the amount of bail imposed in felony
cases in the 75 largest counties in the U.S., a sample that includes
King County, Washington.8

The bail amounts for most criminal cases - and the amounts required
by a bail bondsman - are out of reach for much of the population. In
a sample Washington county, bail amounts averaged in 2014 between
$5,000 and $50,000 depending on the offense.9 The amount of bail
imposed can vary by county and court. In a recent study, 47 percent
of respondents said they either could not cover an emergency expense
costing $400, or would cover it by selling something or borrowing
money.10 Bail is just the sort of emergency expense that most
Americans cannot afford. So, under current bail rates and practices,
most Americans are vulnerable to being kept locked up before trial if
they should ever face criminal charges.
B. POOR PEOPLE OFTEN LACK A LAWYER AT THEIR FIRST
In many city COURT APPEARANCE
and county Representation by an attorney is vital to ensuring fairness for people
accused of crimes. This is especially true in bail hearings. The decision
courts throughout
to release or jail the accused before trial is one of the most critical
Washington, a judge decisions a judge makes, as it can decisively influence the course a
sets bail before person’s case will take.
the defendant is A judge typically makes the decision to release or jail the accused
appointed a lawyer on bail at the first court hearing. At this point, the court has limited
information about the defendant. A defense attorney who has had
time to talk to the accused person and contact family members,
employers, or other supporters can provide the judge with the
information needed to justify releasing the person or to set reasonable
conditions that ensure appearance at future hearings.

In many city and county courts throughout Washington, a judge

sets bail before the defendant is appointed a lawyer. This puts poor
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 people accused of crimes at a disadvantage from the very beginning
of their case. Even in jurisdictions that do have a public defender
representing an accused person at this initial appearance, the public
defender is often covering a full case docket and lacks specific
knowledge of a client’s needs. The attorney handling the docket
often has less than one minute to meet with each person before the
court hearing and bail determination, which is an insufficient time
to prepare adequately on behalf of the accused.
C. PEOPLE OF COLOR AND PEOPLE WITH DISABILITIES ARE
MORE LIKELY TO BE HELD ON BAIL
Not all Washington counties consistently collect data on the race of
the people incarcerated in their jails. However, sample county data
that has been collected in Washington shows that people of color
are disproportionately in jail before trial at a higher rate than white
people, compared to their percentage in the population.11 Also,
according to national research, people of color are assigned higher bail
amounts.12 People with disabilities are also more likely to be jailed
before trial. Nationally, approximately 40 percent of the overall jail
population is made up of people with disabilities.13 People of color are
Implicit bias may also play a role in who is assigned bail and how disproportionately in
much bail is ordered. Assumptions based on a defendant’s appearance, jail before trial at a
background, or ethnicity may unconsciously and erroneously lead
a judge to determine that an accused person is more likely to fail to
higher rate than
appear in court or pose a danger to the community. white people
A money-based pretrial system poses inherent disadvantages to people
of color and people with disabilities living in poverty. Factors such as
not having a stable residence, employment, or family support may
also influence a judge’s decision on whether to detain a defendant
on bail. These considerations do not reliably determine whether
someone will appear for their court dates. While seemingly objective,
considerations such as these can lead to people of color or people with
mental health or other disabilities being treated differently.

There are better ways to increase court appearance rates. For example,
several courts have implemented automated court hearing robocall
systems to remind people of their upcoming court dates.14 Instead of
imposing unaffordable money bail, reforms such as this can reduce
disparities and more equitably ensure return to court.

Uneven Playing Field: Outcome of Cases Are

Worse for People Who Are Jailed Before Trial
A. LESS ABLE TO HELP THEIR ATTORNEY
The Constitution requires that a person facing criminal charges
be able to meaningfully assist defense counsel. People who have
been jailed before trial are at a disadvantage because being behind
bars makes it difficult to fully assist one’s attorney and participate
in one’s own defense. It is harder to meet and discuss the case. It
is more challenging to review the evidence in the case and to work
5
 with defense investigators. Generally, the less interaction a client
has with the defense attorney during the case investigation and trial
preparation, the more disadvantaged the client is in his or her defense.

B. MORE LIKELY TO BE CONVICTED

People who are detained on low-level misdemeanor charges face great
pressure to plead guilty just to get out of jail. Studies have shown an
increased likelihood of being convicted when one is detained before
trial.15 When individuals are jailed, especially on a lower-level criminal
charge, their focus tends to be on regaining freedom. The immediate
consequences of being away from family, work, and other obligations
People who are can often outweigh the future consequences of a criminal conviction in
detained on low-level the mind of the accused. Defendants will, at times, plead guilty to, and
be convicted of offenses, even when they would not be convicted at trial.
misdemeanor charges
face great pressure to Even if a person did not commit the offense charged, defendants
may view it to be in their interest to plead guilty with credit for time
plead guilty just to get served instead of being jailed for months awaiting trial. This may be
out of jail so regardless of the barriers to employment, housing, and economic
stability that accompany convictions.
Moreover, prosecutors may decline to file charges against those recently
arrested or may decide to dismiss a case before trial due to insufficient
evidence or a finding of innocence. In these cases, people who are jailed
for lack of money bail have been punished without ever being convicted.

C. LESS LIKELY TO HAVE A TRIAL

Every person accused of a crime has a constitutional right to trial. But
whether a case is likely to go to trial may at times depend simply on
whether the defendant is locked up beforehand.

For someone jailed, the prospect of spending months behind bars

awaiting trial is a significant deterrent to exercising their right to have
a trial. Jail is a stressful, unhealthy place to be, and people tend to
want to get out without delay. Sometimes even an innocent person
will come to the point where getting out of jail is more important
than exercising their right to trial, a factor which makes them more
vulnerable to being pressured into accepting a plea agreement. Staying
in jail and awaiting trial for a low-level misdemeanor, in particular,
sometimes results in more time in jail awaiting trial than the normal
jail sentence for that offense. For those who are jailed on bail, a trial
becomes more of a luxury than a right.

D. MORE LIKELY TO GET A HARSHER SENTENCE IF CONVICTED

Research has established a causal relationship between pretrial
detention and unfavorable case outcomes. One empirical study shows
that people jailed before their trial receive sentences that are almost
five months longer than those who are not jailed before trial.16
A prosecutor is more likely to recommend, and a judge is more likely
to impose, a shorter sentence to someone who was free before trial
and was able to demonstrate good behavior in the community and
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successful participation in treatment or services.
 At sentencing, a defense attorney’s key argument is to show the ways
a client is doing better compared to how the individual was at the
time of the offense. To establish this, a defense attorney will typically
point to a client’s demonstrated good behavior and participation in
treatment and other services while awaiting trial and sentencing.

Those who await trial behind bars cannot show they have improved.
Only people not jailed on bail have an opportunity to complete out-
patient treatment, employment, and educational programs that can
signal they are deserving of a lesser sentence.

Moreover, it is human nature for a judge to more readily extend the

jail sentence for someone currently in jail than to send him or her
to jail for the first time. This is because the impacts of incarceration
on a person are most visible when a free person is ordered to jail,
as opposed to when a jailed person’s detention is extended. For this
same reason, a judge would be more likely to give probation or an
alternative jail sentence to someone who is not in custody than to
someone who is jailed on bail.

Pretrial Detention Hurts Individuals,

Families, and Communities
A. JAIL CAUSES STRESS
The stress, worry, and isolation brought on by even a few days of
incarceration can cause a person’s mental state to deteriorate. The The stress, worry, and
emotional distress suffered by an individual who is detained before isolation brought on
trial is often compounded by a loss of control of their affairs. People
in detention may realistically fear that, while they sit in jail, other
by even a few days
parts of their lives are unraveling. of incarceration can
cause a person’s mental
B. JAIL CAUSES FINANCIAL PROBLEMS
state to deteriorate
1. Loss of employment

People jailed awaiting trial cannot work or earn income and even
a brief absence from work may cause them to lose their jobs. If
the period of detention is lengthy, their future earning potential
is also undermined. Those who are self-employed are at risk
of bankruptcy. Indeed, the stigma of jail, combined with lost
education or training opportunities, may severely limit lifetime
income potential.

2. Loss of housing
Pretrial detention can jeopardize a person’s housing. He or she may
miss a rent or mortgage payment, resulting in late fees or eviction.
Homelessness can result. Those who are already homeless may lose
their space in a shelter or a place in line for permanent housing if
they are not available to claim it.
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 3. Loss of education

Many people jailed before trial are young adults, some of whom
will have their education interrupted as a result of their detention.
Others may have their job training interrupted, making it harder
to find a job upon release. Even the education and training
opportunities available for those in prison are rarely found in local
jails where accused individuals are detained before trial.

4. Loss of public benefits

Pretrial detention often results in the loss of state and federal

public benefits. For example, social security benefits may be
limited or cut off based on a jail residency.17 Medicaid also limits
services for those in jail. Many states will take an individual’s
name off the Medicaid roll when they are jailed or when they
learn that Social Security payments have stopped as a result of
incarceration.18

C. JAIL HARMS CHILDREN

Separation from one’s family can strain communication and fray
relationships. People who are detained are less able to give and receive
emotional support. Parents who are unable to find caregivers for their
children may lose custody of them. These stressors can cause severe
mental anguish that exacerbates psychological and social problems.
Although someone’s pretrial detention may last only a few weeks,
the impact often persists over a lifetime — and even into the next
generation. A parent’s incarceration often disrupts the education of
children, especially when mothers are incarcerated. Children may
have to take on new roles, including providing domestic, emotional,
or financial support for other family members.
People detained before
D. JAIL HARMS FAMILIES
trial may be denied
When job loss results from pretrial detention, a family often pays the
their own prescribed price. In some cases, the spouse or partner — and even children —
medications, which must find work to make up for the lost income. Demands imposed
disrupts their treatment by incarceration, including court appearances and jail visits, may
hinder the spouse or partner’s ability to work. The financial strains,
combined with emotional strains, may seriously stress the marriage
itself. And parents, or even elderly grandparents, may have to step
into the breach to provide significant childcare and financial support
E. JAIL HARMS HEALTH
Health services are frequently limited, inadequate, or even
nonexistent in county jails. People detained before trial may be
denied their own prescribed medications, which disrupts their
treatment and may cause additional health complications.

Once booked at a jail, people who have diagnosed mental illnesses are
often forced to wait days or even weeks before they are provided their
prescribed medication.19 This can cause mental health to significantly
deteriorate. People with mental illness who are not yet diagnosed
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are unlikely to have their illness diagnosed or treated during pretrial
detention, as county jails do not provide such services.20 County jails
also lack the conditions most likely to contribute to improved mental
health — namely, an atmosphere of protection from violence, access
to educational and physical activity, and specialized care and support.

In the United States, the suicide rate among those detained pretrial can
be 9 to 14 times higher than that in the general population.21 People The suicide rate among
detained before trial commit about three-quarters of the suicides that those detained pretrial
occur behind bars.22 The suicide risk is highest during the first seven can be 9 to 14 times
days of incarceration, when people are experiencing what corrections
experts call the “shock of confinement.”23 higher than that in the
general population
F. IT’S TIME TO IMPROVE WASHINGTON’S BAIL SYSTEM
To fulfill the guarantee that every person accused of a crime is
presumed innocent and to ensure fairness, our pretrial system must
make good on the presumption of release for every person, regardless
of their financial resources. Determining who is jailed before trial
should never be based on money.

Putting this principle into practice requires us to shift away from a

pretrial system that makes freedom dependent on a person’s financial
means. There is a growing national movement to reduce costly pretrial
detention rates and overcrowded jails, and to design new models
and pretrial systems. In Washington state, reform should include the
following features:

• Decrease dependence on money bail. Detention or release should

not be conditioned on an individual's wealth or access to money.

• Ensure all defendants have legal representation before the initial

court hearing. Bail should not be determined without competent
legal counsel providing the judge with sufficient information to
make a fair decision on whether to release a person.

• Create less restrictive alternatives to jailing people before trial.

• Develop pretrial programs and court appearance reminder
protocols. Courts should establish pretrial programs that provide
services at the beginning of a case and allow for more effective
monitoring of people who are released and awaiting trial. Court
appearance reminder call systems can reduce failure to appear
rates and unnecessary warrants.

• Collect pretrial court data. Courts should collect pretrial data to
analyze performance metrics and to track racial and other disparities.

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 “As we speak, close to three quarters of a million people reside in
America’s jail system . . . Across the country, nearly two thirds of all
inmates who crowd our county jails — at an annual cost of roughly nine billion
taxpayer dollars — are defendants awaiting trial. . . . Many of these individuals
are nonviolent, non-felony offenders, charged with crimes ranging from petty
theft to public drug use. And a disproportionate number of them are poor.
They are forced to remain in custody . . . because they simply cannot afford
to post the bail required[.]”

Attorney General Eric Holder

at the National Symposium on Pretrial Justice
June 1, 2011

“. . . Through most of the United States today the bail system is a cruel
and illogical institution which perpetuates injustice in the name of
the law. In actual practice, control is frequently in the hands of bondsmen
rather than the courts. The system is subject to widespread abuse.
It involves the wholesale restriction of freedom, impairment of
the defendant’s chances at trial and millions in needless detention
costs at all levels of government. . . . I am hopeful that with your leadership,
and that of others like you throughout the nation we can move ahead
without delay. Until we have improved the administration of justice, until our
laws bear evenly on all, rich and poor alike, we cannot be satisfied that we
have achieved the American dream.”

Attorney General Robert F. Kennedy

to the Academy of Trial Lawyers of Allegheny County
June 1, 1964

10
 1
Kip Hill, “Spokane County Jail receives an additional $1.75 million from MacArthur Foundation to reduce overcrowding,”
The Spokesman Review, April 13, 2016, available at http://www.spokesman.com/stories/2016/apr/13/spokane-county-jail-
receives-an-additional-175-mil/. See also Spokane County 2016 Safety and Justice Challenge Fact Sheet, available at http://www.
safetyandjusticechallenge.org/wp-content/uploads/2016/04/Spokane-County-Safety-Justice-Challenge-Fact-Sheet.pdf. In King County
jails, in the first 6 months of 2016, pre-sentenced felons comprised 61.4 percent of the average daily population and pre-sentenced
misdemeanants comprised 12.2 percent of average daily population, available at http://www.kingcounty.gov/~/media/courts/detention/
documents/KC_DAR_Scorecard_Highlights_07_2016.ashx?la=en.
2
Todd D. Minton and Zhen Zeng, “Jail Inmates at Midyear 2014,” U.S. Dept. of Justice, Bureau of Justice Statistics (June 2015), p.4,
available at http://www.bjs.gov/content/pub/pdf/jim14.pdf.
3
Melissa Neal, “Bail Fail: Why the U.S Should End the Practice of Money Bail,” Justice Policy Institute (2012), p.10, available at http://
www.justicepolicy.org/uploads/justicepolicy/documents/bailfail.pdf.
4
Christopher T. Lowenkamp, Marie VanNostrand, and Alexander Holsinger, “Investigating the Impact of Pretrial Detention on Sentencing
Outcomes,” The Arnold Foundation (November 2013), available at http://static.prisonpolicy.org/scans/ljaf/LJAF_Report_state-sentencing_
FNL.pdf.
5
Justice Policy Institute, “For Better Or For Profit,” (2012), p.26, available at http://www.justicepolicy.org/uploads/justicepolicy/
documents/_for_better_or_for_profit_.pdf.
6
Minton, see note 2 above.
7
Washington State CrR 3.2 and CrRLJ 3.2, available at http://www.courts.wa.gov/court_rules/.
8
Ram Subramanian, Ruth Delaney, Stephen Roberts, Nancy Fishman, and Peggy McGarry, “Incarceration’s Front Door: The Misuse
of Jails in America,” Vera Institute of Justice (2015), p.29, available at http://archive.vera.org/sites/default/files/resources/downloads/
incarcerations-front-door-report_02.pdf.
9
Yakima County Pretrial System Implementation Plan, Yakima County Pretrial Policy Team, “Yakima County Pretrial System
Implementation Plan,” (November 2015), p.33, available at http://www.whatcomcounty.us/DocumentCenter/View/17896.
10
The Federal Reserve Board of Governors, “Report on the Economic Well-Being of U.S. Households in 2014,” (May 2015), p.18,
available at https://www.federalreserve.gov/econresdata/2014-report-economic-well-being-us-households-201505.pdf.
11
Jacqueline Van Wormer, “Creating and Effecting Local Criminal Justice Reform,” presentation to Washington State Supreme Court
(May 2016). See also Task Force on Race and the Criminal Justice System, “Preliminary Report on Race and Washington’s Criminal Justice
System,” (2011), p.39, available at http://law.seattleu.edu/Documents/korematsu/race%20and%20criminal%20justice/preliminary%20
report_report_march_1_2011_public_cover.pdf. See generally Cynthia Jones, “Give Us Free: Addressing Racial Disparities in Bail
Determinations,” New York University Journal of Legislation and Public Policy (2014), available at http://www.nyujlpp.org/wp-content/
uploads/2014/01/Jones-Give-Us-Free-16nyujlpp919.pdf.
12
Jones, see note 11 above at p.938.
13
Disability Rights Washington, “County Jails, Statewide Problem: A Look at How Our Friends, Family and Neighbors with Disabilities
are Treated in Washington’s Jails,” (April 2016), p.6, available at http://www.disabilityrightswa.org/sites/default/files/uploads/County%20
Jails%20Statewide%20Problems.pdf.
14
Legal Design Lab, “The Court Messaging Project,” available at http://www.legaltechdesign.com/CourtMessagingProject/background/.
15
Arpit Gupta, Christopher Hansman, and Ethan Frenchman, “The Heavy Costs of High Bail: Evidence from Judge Randomization,”
Columbia Law and Economics Working Paper No. 531 (May 2016), p.15, available at http://www.columbia.edu/~cjh2182/
GuptaHansmanFrenchman.pdf. See also Paul Heaton, Sandra Mayson, and Megan Stevenson, “The Downstream Consequences of
Misdemeanor Pretrial Detention,” (July 2016), p.19, available at https://www.law.upenn.edu/live/files/5693-harriscountybail.
16
Megan Stevenson, “Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes,” (May 2016), p.3, available at https://
www.law.upenn.edu/cf/faculty/mstevens/workingpapers/Distortion-of-Justice-April-2016.pdf.
17
Social Security Administration, “What Prisoners Need to Know,” SSA Publication No. 05-10133 ICN 468767 (June 2015), p.3,
available at https://www.ssa.gov/pubs/EN-05-10133.pdf.
18
Chris Koyanagi, “A Guide to the Federal Rules on SSI, SSDI, Medicaid, Medicare and Veterans Benefits for Adults with Disabilities,”
Bazelon Center for Mental Health (August 2006), p.4, available at http://www.kitsapgov.com/pubdef/Forms/LinkClick.Benefits.pdf.
19
Disability Rights Washington, see note 13 above at p.13.
20
Id. at 11.
21
Tonia L. Nicholls, Zina Lee, Raymond R. Corrado, and James R. P. Ogloff, “Women Inmates’ Mental Health Needs: Evidence of the
Validity of the Jail Sentencing Screening Tool (JSAT),” International Journal of Forensic Mental Health 3, No. 2 (2004), p.168, available at
https://www.researchgate.net/publication/254392619_Women_Inmates'_Mental_Health_Needs_Evidence_of_the_Validity_of_the_Jail_
Screening_Assessment_Tool_JSAT.
22
Margaret Noonan, Harley Rohloff, and Scott Ginder, “Mortality in Local Jails and State Prisons 2000-2013,” U.S. Dept. of Justice,
Bureau of Justice Statistics (2015), p.9, available at http://www.bjs.gov/content/pub/pdf/mljsp0013st.pdf.
23
Id. at 10. See also Martin Kaste, “The Shock of Confinement: The Grim Reality of Suicide in Jail,” NPR, July 27, 2015, available at
http://www.npr.org/2015/07/27/426742309/the-shock-of-confinement-the-grim-reality-of-suicide-in-jail.

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