Lawsuit challenges new law limiting charitable bail

ATLANTA – A nonprofit that raises money to pay cash bail for criminal defendants held in pretrial detention is challenging a new state law that adds to the list of offenses that are ineligible for no-cash bail.

The Barred Business Foundation and two individual Georgians, represented by the American Civil Liberties Union of Georgia, have filed a lawsuit in federal court. The suit is seeking a temporary restraining order and a preliminary injunction against a provision in Senate Bill 63 that prohibits charitable organizations from posting more than three cash bonds per year.

The Republican-controlled General Assembly passed the legislation this year, voting along party lines.

Supporters said the bill would help enhance public safety at a time violent crime is on the rise. Opponents said it punishes people who have not been convicted of a crime.

“SB63 is cruel and costly, forcing people to languish in jail because they can’t pay for their release and prohibiting others from being able to help them become free,” Cory Isaacson, legal director of the ACLU’s Georgia chapter, said. “It is mean, it is unconstitutional, and our hope is that the courts will step in to stop the state from doing more harm.”

The court has scheduled a hearing on the lawsuit for Friday, three days before the law is due to take effect.