COVID-19 tests Mecklenburg County reformed bail system as inmates are released before trial

Decarcerate Mecklenburg protestors circled the uptown detention center on Friday, advocating for the release of inmates during the COVID-19 pandemic. Picture Credit: Ashley Holbert

May 1, 2020

By Ashley Holbert

AshleyHolbertsEmail@gmail.com

(Charlotte, N.C.) - Bail reform policies in Mecklenburg County are being put to the test this month in the midst of the COVID-19 global pandemic.

Many court cases and bail hearings were rescheduled in March when the first coronavirus cases were announced in the county. To reduce the spread of disease in Mecklenburg County’s crowded detention centers, judges and county leaders sought other options for defendants awaiting Misdemeanor trials.

Pretrial decisions were expedited and many defendants were released based on Mecklenburg County’s bail policy procedures, updated last year. Other cases are still under review.

Mecklenburg County’s newly adopted bail policy advocates for more pretrial releases and written citations in lieu of monetary bail requirements. It has been scrutinized since its adoption for potentially leading to a higher crime rate in Charlotte.

Now, many fear that pushing to release defendants before their trial with this system during a global pandemic will only put the public at risk.

“A lot of people don’t feel safe right now because of COVID-19,” said Mecklenburg County resident, Hailey Perkins.

“Knowing that a massive number of inmates are getting released from jail who may be in there for robbery or hurting someone else makes me scared to even go running in the park. I just think we don’t need to cut any corners with that.”

Other groups are fighting to see more inmates released, even after COVID-19 threats have slowed down.

20 cars circled the Mecklenburg County Detention Center in uptown Charlotte on Friday, all part of a group called Decarcerate Mecklenburg.

Signs were taped to the windows and the sides of the vehicles, and the sound of their horns blaring turned the heads of each pedestrian walking by. The drivers wore medical masks, but they lifted their hands in a fist as they drove by.

Comprised of local attorneys and advocacy leaders, Decarcerate Mecklenburg, hosted the car protest to advocate for the release of all Misdemeanor defendants from Mecklenburg County jails.

“Our people were never safe in jails and now with the coronavirus pandemic, our incarcerated loved ones are at more risk than ever,” said Myka Johnson, a member of Decarcerate Mecklenburg. “We must do all that we can to free our people.”

Inmate decisions and public safety rest heavily on the success of Mecklenburg County’s new bail system and pretrial services.

Mecklenburg County’s Bail Policy

On March 3, 2019, the 26th Judicial District adopted a new bail policy to take effect across Mecklenburg County.

The policy eliminated the old bond table that suggested financial ranges for specific charges and introduced a computer software called the Matrix to help decide which defendants should be released before their trial.

The Matrix software was introduced by Mecklenburg County’s Criminal Justice Services to provide an empirical and data-driven approach to assessing the risk of certain defendants.

“Money bail allows someone with means to buy their freedom, while poor and working-class people remain in jail because they can’t afford to pay,” said Sonya Harper, Mecklenburg County’s Criminal Justice Services director in a press release by the 26th District.

“Our evidence-based and research supported practices have made Mecklenburg County a leader in thoughtful bail administration in the state and in the county.”

Changes to the monetary bail system are part of a movement known as bail reform, sweeping the United States over the past decade.

Many bail reform activism groups argue that the bail system in the United States is a money making collaboration by the criminal justice system and bail bondsmen.

Others believe minority groups face significant challenges in the bail system as they are often considered a greater target by law enforcement, which can be a deciding factor in bail decisions.

“Having a system where you have to have high amounts of collateral and cash available to get bail does have a disparate impact on both communities of color and poor communities that live in the intersection thereof,” said Brandon Ranallo-Benavidez, a professor of political science at Winthrop University, who spoke more on the topic in an exclusive podcast.

“For marginalized communities, you might be able to ask, does the cash bail system make the presumption of innocence something that is only possible for rich people?”

Bail Reform and Mecklenburg County Crime Rates

The bail reform movement is less popular with many members of law enforcement. It has even been blamed for a higher crime rate.

At the end of 2019 after the new bail policy had been in effect for nine months, the Charlotte-Mecklenburg Police Department released their 2019 Crime Summary Report Highlights.

According to the document, violent crime increased in the county by 11.5% and overall there was a 5.9% increase in offenses.

Additionally the homicide rate went up 89.5% percent from 2018, with the station logging 108 homicides over the duration of 2019.

When asked about the noticeable increase of violent crimes in a press conference on June 26, 2019, Charlotte-Mecklenburg Police Chief, Kerr Putney placed partial blame with the judicial district’s decision to reduce bail charges.

Putney said lesser repercussions caused many defendants to become “more brazen” and criticized the district for releasing those on trial for murder before their court date.

While pretrial service options were intended for defendants charged with misdemeanor offenses, inmates awaiting trial for felonies were also released in 2019 under supervision from the CMPD’s electronic monitoring program.

Minutes from the Mecklenburg County Criminal Justice Advisory Group Executive Committee’s meeting on November 13, 2019 highlighted cause for concern.

Putney shared in the meeting that the electronic monitoring program required eight officers to fully staff, but due to staff shortages, the program was only operated by six officers.

The CMPD’s Assistant Chief Vicki Foster said that in the last week five defendants cut their monitors.

According to statistics released by the Charlotte-Mecklenburg Police Department during the summer of 2019, 20 homicide suspects were out on electronic monitoring while awaiting trial, 59 defendants cut off their monitors, and 12 participants were arrested again during monitoring.

In December, Putney made the decision to stop monitoring suspects on trial for homicide to push the 26th Judicial District to respond.

An evaluation of the system

Despite concerns about the state of the electronic monitoring program, the 26th Judicial District’s 2019 Conditions Report detailed that extra precautions were still taken for defendants of violent crimes.

Many were still charged monetary bail as a heftier incentive to appear for their court case.

According to the report, 69.5% of offenders charged with a felony crime were given a financial bail option. A written promise to appear for their court case was issued in 2% of cases and only 2.3% of defendants were released into the custody of the CMPD’s electronic monitoring program or another pretrial supervision program.

For those charged with a misdemeanor crime, only 46.2% were charged monetary bail. 7.5% were released on a written promise to appear, and only 2.3% were released into the custody of another program.

Jessica Smith, dean of the University of North Carolina's Criminal Justice Innovation Lab, performed a study on the crime rate of defendants in Mecklenburg County released before their trial and found that those charged with misdemeanor crimes appeared for their court case 87.4% of the time and were not rearrested 90.9% of the time.

While threats of the COVID-19 virus have put greater emphasis on Mecklenburg County's bail system, the 26th Judicial District prioritized the release of inmates charged with misdemeanor crimes, such as urinating in a public park, disorderly conduct or trespassing.

As demonstrated, many of these offenders do not commit crimes while awaiting trial.

Ranallo-Benavidez said that the bail reform movement is often divided into two groups of opinion, as seen in Mecklenburg County.

“In America, you have the presumption of innocence, so you can’t be denied your civil rights and civil liberties, like the right to not be in prison unless and until you are convicted of a crime. Not charged…convicted,” said Ranallo-Benavidez.

“On the one hand, you might be saying community safety. On the other, you might be saying presumption of innocence. And it’s really coming down to which ones carries the day in most people’s mind.”