Resolution 180032
Encouraging the Philadelphia District Attorney's Office and the First Judicial District of Pennsylvania to institute internal policies that reduce reliance on cash bail; and further calling on the Pennsylvania State Legislature and the Pennsylvania Supreme Court to revise state laws and procedure codes governing bail to allow for the elimination of cash bail statewide, or to provide for an exemption in the law for cities of the first class.
Introduced by
From the floor
Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.
“Good morning. Thank you. Nyssa Taylor from the ACLU of Pennsylvania. I am urging this Council to pass Resolution 180032. Taking away someone's liberty solely because they cannot pay violates multiple constitutional protections. Across the country a recent wave of civil rights lawsuits have successfully challenged this practice of cash bail. Courts and states such as Georgia, Alabama, Tennessee, Mississippi, Missouri,…”
Ms. Taylor · Stated Meeting, February 1, 2018 · Feb 1, 2018 · official transcript, this passage
“Good morning, members of City Council. My name is Mike Lee and I am the Legislative Director in Government Affairs for the District Attorney's Office of Philadelphia. Thank you very much for proposing this Stated Meeting February 1, 2018 resolution, and the District Attorney's Office is in favor of Resolution 180032 to express our interest in instituting internal policies to reduce the reliance on the cash bail syste…”
Mr. Lee · Stated Meeting, February 1, 2018 · Feb 1, 2018 · official transcript, this passage
Status timeline
- Jan 25, 2018Introduced and Ordered Placed On Next Week's Final Passage Calendar · CITY COUNCIL
- Feb 1, 2018ADOPTED · CITY COUNCIL
Official documents
Documents open on the City of Philadelphia’s legislative site.
Full text
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..Title Encouraging the Philadelphia District Attorney's Office and the First Judicial District of Pennsylvania to institute internal policies that reduce reliance on cash bail; and further calling on the Pennsylvania State Legislature and the Pennsylvania Supreme Court to revise state laws and procedure codes governing bail to allow for the elimination of cash bail statewide, or to provide for an exemption in the law for cities of the first class. ..Body WHEREAS, The City of Philadelphia has one of the highest rates of incarceration of any urban area in the United States and the use of monetary bail, along with the widespread use of detainers, contributes to the overcrowding of our City's jails; and WHEREAS, Philadelphia criminal justice agencies, including the First Judicial District, District Attorney's Office, and the Defender Association of Philadelphia, through the MacArthur Safety and Justice Challenge, have made significant progress in reducing the City's prison population by 20% since July of 2015; and WHEREAS, Despite this progress, there are still individuals who remain incarcerated in the Philadelphia Department of Prisons solely because they cannot afford to post their assigned bail; and WHEREAS, Research suggests that cash bail does not improve public safety, and does not increase the likelihood of assuring a defendant's presence in court; and WHEREAS, Cash bail and pretrial detention has devastating consequences for individuals, families and communities-- disproportionately and unfairly harming low-income communities of color; and WHEREAS, Cash bail keeps hundreds of impoverished Philadelphians incarcerated while awaiting resolution of criminal matters; and WHEREAS, The Pennsylvania Constitution prohibits the use of excessive bail, recognizes that all people are born equally free with an inherent right to liberty, and enshrines the presumption of innocence until proven guilty; and WHEREAS, Jailing people because they cannot afford to post money bail amounts to wealth-based detention that violates well-established norms of fairness and constitutional principles and undermines the integrity of our criminal justice system; and WHEREAS, Recognizing that cash bail should not determine a person's freedom from incarceration, and understanding that wealth-based detention harms individuals, families, and our communities, the City's criminal justice agencies should work together to end the practice of reliance on cash bail within Philadelphia's criminal justice system and the City Council of Philadelphia should fully support them in these endeavors; and WHEREAS, These agencies can work towards this goal by ensuring the use of the least restrictive conditions of release necessary to assure likelihood of appearance in court, instead of relying on the use of financial conditions or collateral for release for defendants in pretrial status; now, therefore, be it RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That it hereby encourages and supports the Philadelphia District Attorney's Office and the First Judicial District of Pennsylvania in instituting internal policies that reduce reliance on cash bail; and further calling on the Pennsylvania State Legislature and the Pennsylvania Supreme Court to revise state laws and procedure codes governing bail to allow for the elimination of cash bail statewide, or to provide for an exemption in the law for cities of the first class. ..End