ACLU-MN’s Elizer Darris testifies before the Ramsey County Commissioners and Ramsey County Attorney John Choi (left) in support of bail reforms.

In Ramsey County, and in most places nationwide, what’s in your wallet determines what happens if you are accused of a crime. Now thanks to a large grant and a new policy working group that includes the ACLU-MN, Ramsey County has a chance to chart a more just and equitable course by ending cash bail for most offenses and improving the pretrial process.

Under the cash bail system, people accused of crimes must pay for their freedom while they await trial, with no consideration given to what each person can afford. Think about it this way: A wealthy person who is accused of a serious crime and whose bail is set at $100,000 could pay that and go home to await trial. But someone with fewer financial resources accused of a petty crime could be stuck in jail for weeks, even months, because they can’t afford a $100 bail.

This disparity does nothing to make communities safer. Instead, it creates an unjust and unconstitutional situation in which people with fewer resources are treated as less trustworthy, more dangerous to the community, and less deserving of release while they await their day in court. And just like in so many parts of our unjust system, the harms disproportionately affect Black, brown and Indigenous people who, because of systemic oppression, are more likely to be accused of a crime and more likely to lack the resources to pay.

On an individual level, the harms of cash bail are enormous. People take guilty pleas just to escape the horrible conditions in jails. People lose jobs and even their marriages and children while awaiting trials. And people who are detained before trial are more likely to have negative outcomes later, including a higher likelihood of serving more time.

Ramsey County came up with a plan with Arnold Ventures and community representatives, including ACLU-MN, to change all of this. The county is considering several changes:

Divert cases at the arrest level. By giving the sheriff power to divert people away from jail following an arrest, people who are arrested could await further hearings at home.

Assess threats to the community. The only reason to hold someone before trial is if that person is a threat to their community. If there is no threat, then the County Attorney could allow that person’s release without paying bail.

Provide material support. Rather than lock people up to guarantee they make their court dates, we could assess what supports they need and then provide that — whether it’s transit fare, child care or other resources.

Even these proposed procedures are not perfect. We know that having law enforcement rely on algorithmic threat assessments to decide who gets bail or not has replicated racist and classist outcomes. Fortunately, this grant allows for community-based researchers to collect data and monitor outcomes over the long term to make sure that new systems promote racial equity and community safety.

With a strong vision and new tools in place, we are moving hopefully and purposefully to create a model in Ramsey County for a future without cash bail.