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Georgia Women Challenge Cash Bail Law in Lawsuit

Advocates for legal reform discuss the implications of strict cash bail laws.

News Summary

Two women incarcerated in Atlanta have filed a lawsuit against the state of Georgia, contesting the constitutionality of a new cash bail law. The law, Senate Bill 63, expands cash bail requirements to an additional 30 criminal offenses, impacting thousands of Georgians. Organizations like the ACLU are representing the plaintiffs, arguing that the law violates due process and disproportionately affects vulnerable populations. The outcome of this lawsuit could have significant implications for the state’s legal system as it raises questions about fairness and justice.

Atlanta, Georgia – Two women currently incarcerated in Atlanta have filed a lawsuit against the state of Georgia, challenging the constitutionality of a newly enacted cash bail law. The legal action was initiated on Friday and claims that the law infringes upon their rights to due process under the law.

The law in question, known as Senate Bill 63, mandates cash bail for an additional 30 criminal offenses, a significant number of which are categorized as misdemeanors. Notably, 18 of these offenses are frequently recognized as misdemeanors in Georgia, including instances where individuals fail to appear for a traffic citation, provided this is not their first infraction.

Organizations such as the American Civil Liberties Union (ACLU), the ACLU of Georgia, and the Southern Center for Human Rights are representing the two plaintiffs, a nonprofit, and others impacted by the legislation. Advocacy groups project that tens of thousands of Georgians could potentially face ramifications from this law if it remains in effect.

The lawsuit asserts that the new cash bail requirements strip judges of their authority to determine whether cash bail is necessary to ensure that individuals appear in court or to maintain public safety. Proponents of the cash bail law argue that it promotes accountability among offenders, yet numerous studies suggest that individuals released without bail are just as likely to attend court proceedings as those mandated to pay.

The two women at the center of the lawsuit are Sierrah Coronell and Diane Holsey. Coronell was arrested in February on various charges, including drug possession, and is currently unable to pay her $600 cash bond. This financial burden has caused her to miss vital family events. Holsey, arrested in April on charges of battery, faces a much heftier $4,000 bond and the potential loss of her employment due to her incarceration.

The nonprofit Women on the Rise has also become a participant in the suit, claiming that the cash bail law obstructs many women from accessing critical services and support that they require. Under the provisions of this law, there are restrictions on the number of cash bonds that individuals or organizations can post, limited to three per year unless they fulfill criteria set by bail bond companies.

Previously, a judge issued a ruling that blocked certain components of this law concerning cash bond limits, after a separate nonprofit contended that the restrictions were unconstitutional. Georgia’s cash bail framework is now stricter than that of any other state in the United States, leading to one of the highest incarceration rates in the nation.

The legislation, signed into effect by Arkansas Governor Brian Kemp, has been interpreted as a reversal of earlier criminal justice reforms that sought to lessen unnecessary detainment. Reforms made in 2018 had been regarded as progressive, allowing judges the discretion to release most accused misdemeanor offenders without bail. However, SB 63 now undermines those efforts, reinstituting stringent requirements that many argue disproportionately affect vulnerable populations.

As this lawsuit progresses, its outcome holds significant implications not only for the two women involved but also for the broader population in Georgia. If upheld, the law could perpetuate a cycle of incarceration and impact thousands of individuals unable to meet the financial demands of cash bail, raising serious questions about fairness and justice in the state’s legal system.