The Georgia State Capitol building in Atlanta. | Source: SETH HERALD / Getty
L ast year, the American Civil Liberties Union of Georgia (ACLU-GA.) issued a report on overcrowding in the Fulton County jail . We found that on Oct. 26, 2023, nearly 400 people were in jail simply because they did not have the money to pay bail. This is the story across Georgia: People charged with minor offenses and who may even be wrongfully accused are jailed awaiting trial because they have no money. Or, when they do have money, it is needed for food, rent or other bills for their families. This practice does not make communities safer.
Last week, the Georgia Senate took a big step backward against yearslong criminal justice reform efforts in the state with the passage of Senate Bill 63 (SB 63), which expands the requirement for cash bail to more low-level offenses including criminal trespass, failure to appear for traffic citations and even possessing more than an ounce of marijuana, which is legal in nearly half of the United States. The greatest racial disparities are found in these lower-level offenses. For example, 90% of the people arrested for simple possession of marijuana in Atlanta were Black, before the ACLU and other advocates got the penalty changed to a ticketed offense.