Georgia Governor Brian Kemp has signed into law a contentious piece of legislation, significantly expanding the offenses that mandate cash bail, in a move that has drawn both applause and severe criticism from various quarters. Kemp, a Republican, asserts that Senate Bill 63 (SB 63) enacts crucial bail reforms “that will ensure dangerous individuals cannot walk our streets and commit further crimes.” The bill adds more than 30 charges to the list that will now require cash bail, including misdemeanors such as theft by taking, criminal trespass, and forgery.
These changes stand in contrast to earlier criminal justice reforms in Georgia under former GOP Governor Nathan Deal, which aimed at reducing incarceration rates and promoting rehabilitation.
However, this new bill has ignited a firestorm of opposition, particularly from organizations such as the American Civil Liberties Union (ACLU) of Georgia, which promptly announced intentions to challenge the law in court. The ACLU has condemned SB 63 as “cruel, costly, and counterproductive,” citing research that suggests mass incarceration exacerbates crime and taxpayer burdens. Their stance is that the law unconstitutionally criminalizes poverty, forcing more individuals to suffer in jail because they are unable to afford bail.
The legislation also restricts charitable funds and individuals, limiting them to bailing out anyone more than three times per year unless they register as a bail bond company. This component of the bill seemingly targets bail funds like those that have aided Atlanta Public Safety Training Center protesters. The Bail Project, another advocacy group, stated that SB 63 will not only fuel mass incarceration but also strip impoverished Georgians of a crucial lifeline.
Despite the stated objective of ensuring that those released on bond return for trial, many criminal justice advocates contend that the law is fundamentally unfair, potentially keeping people jailed for extended periods simply because they lack the financial means for a cash bond.
Moreover, the new law has raised concerns about exacerbating overcrowding in jails, particularly as it requires cash bail for additional offenses. The potential long-term impacts on Georgia’s criminal justice system are a subject of heated debate, with advocates and critics closely watching the outcomes this new policy might engender.
Relevant articles:
– Georgia governor signs controversial Republican-backed bill requiring cash bail for more offenses, The Hill, 05/03/2024
– Kemp signs bill requiring cash bail for more offenses, The Atlanta Journal Constitution, 05/02/2024
– Kemp signs bill into law forcing sheriffs to enforce federal immigration law • Georgia Recorder, Georgia Recorder, 05/02/2024
– Georgia governor signs law requiring jailers to check immigration status of prisoners, The Associated Press, 05/01/2024