How Big a Role Does Money Play in North Carolina’s Bail System?

I have discussed elsewhere criticisms and concerns asserted regarding money-based bail systems. Among other things, it is argued that money-based bail systems undermine public safety by allowing dangerous but wealthy people to buy their way out of jail with no supervision, and—citing recent empirical research—that unnecessary incarcerations of low-risk people who cannot pay their bonds causes more crime once those people are released. It also is asserted that unnecessary wealth-based detentions of low-risk individuals are unfair, disproportionately impact people of color and inefficiently use taxpayer resources. Finally, some point to successful legal challenges to money-based bail systems as creating litigation risk. In light of those criticisms and concerns, it is natural to wonder: How big a role does money play in our state’s bail system? The answer: A lot. North Carolina law provides for several different types of pretrial release. They include: release on a written promise; custody release; unsecured bond; secured bond—sometimes called money bond because it requires financial resources to obtain release pretrial, and which can be imposed with or without electronic house arrest; and release to a pretrial services program. G.S. 15A-534(a). North Carolina law contains an express preference for nonfinancial conditions except when certain circumstances are present. G.S. 15A-534(b). Notwithstanding the availability of other options for pretrial release and the statutory preference for nonfinancial conditions, data from the North Carolina Administrative Office of the Courts (NC AOC) confirm that money bonds are the most common form of pretrial release in North Carolina. The data show that statewide [...]