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I co-founded the Prison Policy Initiative to put the problem of mass incarceration — and the perverse incentives that fuel it — on the national agenda. Over the last 16 years, our campaigns have protected our democracy from the prison system and protected the poorest families in this country from the predatory prison telephone industry. Our reports untangle the statistics and recruit new allies.

But now, more than ever, we need your help to put data & compassion into the conversation. Any gift you can make today will be matched by other donors and go twice as far.

Thank you.
—Peter Wagner, Executive DirectorDonate
This chart illustrates the possible paths from arrest to pretrial detention. Thirty-four percent of felony defendants were detained pretrial for the inability to post money bail in 2009. This report focuses on this important population: those who are detained pretrial because they could not afford money bail.

(Graph: Elydah Joyce, 2016)

This graph originally appeared in Detaining the Poor: How money bail perpetuates an endless cycle of poverty and jail time.

Since the 1980s, there has been a significant, nationwide move away from courts allowing non-financial forms of pretrial release (such as release on own recognizance) to money bail, although this does vary substantially depending on jurisdiction. This chart illustrates the possible paths from arrest to pretrial detention. Almost all defendants will have the opportunity to be released pretrial if they meet certain conditions, and only a very small number of defendants will be denied a bail bond, mainly because a court finds that individual to be dangerous or a flight risk. The only national data on pretrial detention that we are aware of comes from the Bureau of Justice Statistics’ Felony Defendants in Large Urban Counties series. Nationally, in 2009, 34% of defendants were detained pretrial for the inability to post money bail. This report focuses on this important population: those who are detained pretrial because they could not afford money bail.

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Events

  • November 29, 2017:
    Legal Director Aleks Kajstura will be in DC speaking at the congressional Democratic Women’s Working Group dinner about women’s mass incarceration.

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