Bail Project hasn't bailed anyone out of an Indy jail in a year. What's next for nonprofit?
The Bail Project has not bailed out anyone in Indianapolis in over a year as a lawsuit brought by the national nonprofit wages on against the state, according to the nonprofit's leaders.
Pending the outcome of the suit against the Indiana Department of Insurance, The Bail Project has ceased bailing out new clients since House Bill 1300 went into effect July 1, 2022. HB1300 prevents charitable groups from bailing out anyone charged with a violent crime or a past conviction for a violent crime who’s charged with a new felony.
The law came to be after The Bail Project went under intense scrutiny over concerns about the organization’s role in bailing people out who were later accused of violent crimes. The reports, however, included misleading statistics or did not mention the involvement of commercial bondsmen.
An IndyStar investigation examined the 225 murder cases filed in Marion County from The Bail Project’s inception in December 2018 to 2022. Reporters identified 37 defendants, or 16%, who were out of jail prior to the homicides. Three of those cases involved The Bail Project.
Just under two months after HB1300 went into law, The Bail Project sued the Indiana Department of Insurance, arguing the law violates the nonprofit’s First Amendment rights by severely limiting the group from paying bail, which they argue is their “expressive advocacy work.” The nonprofit also raised an equal protection issue in that the law imposes limitations on charitable bail organizations, but not bail bond agents or other people who can bond someone out.
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The Bail Project filed a motion to block the law from going into effect last year. The judge overseeing the case denied their request.
The Bail Project has since appealed the decision, a move that is now pending.
What the lawsuit means for the future of The Bail Project in Indiana
As the lawsuit continues in the courts, the future of The Bail Project in Indiana hinges on its outcome, according to Jeremy Cherson, director of communications for the nonprofit.
“Should the appellate court decide in our favor, it’s certainly within the realm of possibilities that we would begin to accept referrals in Indiana again,” Cherson said. “But we need to wait and see what the decision is.”
The Bail Project has two sites in Indiana — one in Gary and the other in Indianapolis. In Gary, the nonprofit bailed out 175 people — 94% of whom made their court appearance, according to Cherson. In Indianapolis, the branch bailed out 1,000 people — 95% of whom reappeared in court.
Cherson noted paying bail is just one part of The Bail Project’s work, emphasizing that advocacy for criminal justice reform is another significant part of the organization, he said.
The Bail Project's site in Louisville recently shifted its focus from paying bail to exclusively advocacy work.
Contact the reporter at 317-503-7514
This article originally appeared on Indianapolis Star: Bail Project halts bail in Indy after new law. What's next for nonprofit?
