On Bail Reform & Pretrial Justice

by Bishop Charles Brewer, III

(Opinion) One of the most difficult situations I encounter in my role as a member of the clergy, is the panicked call from a friend or family member of a loved one suddenly caught up in the criminal justice system. The family member is calling for help and advice as they encounter a complex and confusing bail system where, guilty or not, the freedom of their loved one comes at a price – and usually a price that they cannot pay. 

When a person is unable to post bail, they may be held for weeks or sometimes months. Cash bail has devastating consequences for defendants and their families. It will make a stressful situation worse by adding unnecessary loss of contact, high costs, possible loss of employment, and direct, negative impacts to family and children.

The emotional strain this loss of contact has on children is devastating, especially if the person incarcerated is someone the family relies on for emotional or daily support. When the high cost of bail is set, the unaffordability forces a person to remain incarcerated or rely on an expensive bondsman.

Being incarcerated for even just a day can create a precarious situation for a person’s employment. Complete loss of employment further adds to the stigma of an incarcerated person and makes it difficult to secure future employment. Family and children are impacted by all the disruption leading to emotional trauma and behavioral changes. 

Lower-income and poor members of my congregation are disproportionately affected by the inability to pay cash bail. It can cause further isolation, as many feel it is a heavy burden to endure alone.

My role as a member of the clergy is to continue to walk with the most vulnerable, alleviating these circumstances with spiritual support, but I have taken on the additional role of providing practical mutual aid. On several occasions, I put my own money towards paying congregation members’ bail.

I am no longer willing to simply cope alongside my congregation; I am compelled to speak out on the increasingly negative effects of this criminal justice system on the lives of many in our community.

The implementation of what are known as risk-based bail initiatives aims to create a more equitable justice system, offering a fairer alternative to the outdated cash bail system. In the current system, wealth dictates if a person can afford to secure their release before trial.

Other states, such as Illinois, have a different model, in which due process is protected at initial appearance, judges are required to use individualized conditions, and preventative detention still applies for a list of 79 serious offenses.

Last week, I attended the first public event for the Connecticut Coalition for Pretrial Justice. This community discussion on pretrial reform was hosted by Ray Boyd, Jackie James, and Rev. Scott Marks to discuss how Connecticut can undo the pernicious effects of our cash bail system while making our communities safer. The next step in mobilizing for this campaign will include taking this conversation to the doors, asking our residents to sign this petition and discussing how our state can move forward with more freedom and safety.

I hope you will join me in this important conversation and campaign. People of faith are called towards fairness, ensuring that all people are treated equally regardless of their financial situation. As a clergy member, I believe that our faith calls us to advocate for justice – justice that is restorative and seeks true equality and redemption for everyone.

Bishop Charles Brewer, III is an ordained Elder in the Church of God in Christ (COGIC). He serves as pastor of New Trinity Temple COGIC (New Haven) and Wilson Memorial COGIC (Stamford). Since 2020, he holds the role of Bishop of the First Ecclesiastical Jurisdiction of Connecticut, following in the footsteps of the late Bishop Charles H. Brewer, Jr.