Washington Must Stop Jailing People for Being Poor

By Anthony Wright, CEO, Pioneer Human Services  

A person accused of stealing $20 worth of food should not have to spend days, weeks or even months behind bars because they cannot afford $5,000 bail. Yet under Washington state’s current bail rules, that can happen — even when the person has not yet been convicted of a crime.

The Washington State Supreme Court could change that, and it should.

Pretrial detention is one of the biggest drivers of local jail populations. Nationally, people awaiting trial account for roughly 69% of those held in local jails, at an estimated annual cost of $14 billion. Washington shows the same troubling pattern: By nearly three to one; local jails hold people the law still presumes innocent.

Recent proposed changes to Washington’s bail rules, submitted by a coalition of public defense organizations and agencies from across Washington, would bring greater fairness and common sense to these decisions. Under the proposal, bail for low-level crimes would be limited at $200. People would also be allowed to secure release by paying 10% of their bail directly with the court, a refundable amount if they appear to their court dates; judges would continue evaluating whether someone presents a flight risk before determining appropriate release conditions. These changes would give more people a fair chance to remain in their communities while their cases proceed.

The consequences of holding people in jail when they have not been convicted of a crime are anything but minor. Even a few days in jail can cost someone a job, jeopardize their housing, disrupt treatment and make it harder to care for their children. Detention can also worsen behavioral health challenges and increase the risk of suicide. People held before trial face a particularly serious risk: One study found they are six times more likely to die by suicide than people who have been convicted and sentenced.

Rural counties feel this acutely.  In Okanogan County, about 29% of pretrial bookings stemmed from failure to appear in court. Each day in jail costs at least $100 per person. Every one of those cases costs taxpayers twice: once for the jail bed, and again for the stability that has to be rebuilt afterward. When people lose jobs, housing, treatment connections, or custody of their children because of a short jail stay, communities often bear the costs of helping them regain that footing.

Jail beds, deputies and county dollars are finite. Every unnecessary detention consumes resources that could be directed toward people who pose genuine public safety risks, as well as the treatment and services that help prevent future harm. We should not confuse keeping people in jail with keeping communities safe.

More importantly, these proposed changes are not a blanket rejection of bail or judicial discretion. Judges would retain tools to address violent offenses and legitimate risks, including flight risk. The goal is to make detentions driven by meaningful public safety concerns rather than a person’s bank balance.

Washington has an opportunity to make its bail system more fair, effective and responsible with public money. The state Supreme Court should adopt King County’s proposed changes to CrR 3.2 and CrRLJ 3.2. No one should lose their job, housing or family stability simply because they cannot afford their freedom before they have had their day in court.