ABOUT THE BAIL FUND:

HOW WE EMPOWER OUR COMMUNITIES.

The Massachusetts Bail Fund (MBF) pays bail to secure freedom from pre-trial incarceration so that those who cannot afford their bail can be in their community to fight their case.

Pre-trial freedom allows individuals, families, and communities to stay productive, together, and stable. Massachusetts jails are filled with people awaiting trial simply because they cannot afford bail. Sitting in jail on bail leads to longer incarceration times, lost jobs, lost housing, and devastating disruption to families.

The MBF is committed to practicing harm-reduction by bringing home community members serving pre-trial sentences, and to working towards abolishing pre-trial detention and supervision in the long-term. The MBF sees itself as a radical direct service organization and a site for abolitionist imagination and advocacy. Please read about our demands and current work here.

HISTORY

When someone is arrested, a bail commissioner at the police station or a judge at the courthouse decides whether or not the individual will be required to provide money that will ensure that they return to court.  This money is their bail. If they cannot afford it, they will be held in jail until their case is over.

A group of defense attorneys and social workers noticed that cash bail was keeping their clients behind bars.  Many of their clients were spending months or years in jail awaiting the conclusion of their cases simply because they couldn't afford their bail, sometimes as little as $25.00.  As a result clients were forced out of their homes, jobs, and communities, making effective representation and treatment increasingly difficult. The Massachusetts Bail Fund was created to address this inequity. Using all donated funds, the Bail Fund provides bail assistance for low-income individuals. Since its inception in 2013, the bail fund has grown from a fully volunteer run operation to a staffed organization of five people in 2024. According to Massachusetts Law, bail is meant to ensure that people return to court.  The bail amount set by a judge does not always reflect the seriousness of a charge. Low bail can be set on any number of charges, including felonies.

THE ‘COST’ OF BAIL

Being held during the pretrial period has disastrous impacts on a person’s life. Incarceration of even a few days can have a serious impact on defendants' families, housing, employment, and health. People are fired from jobs, evicted from public housing, dropped from public assistance, and kicked out of shelters. Students miss classes and parents lose custody of their children. Undocumented and immigrant people are targeted by Immigration & Customs Enforcement for catching a criminal charge, many times exacerbating deportation proceedings. Despite this cost, research shows that reliance on cash bail is no better than effective pretrial conditions or phone or mail reminders in ensuring that a defendant returns to court to address his or her case.

People who are held during the pretrial period are more likely to be convicted and receive harsher sentences than those who are released on bail. The longer a person stays in jail, the more likely he or she is to plead guilty to a crime simply because doing so would ensure release. The desire to go home is a powerful motivator and is used as a bargaining chip by the prosecution in order to push for a plea. A defendant's ability to address legal charges while in the community rather than in jail results in better legal outcomes.

OUR MISSION

HOW DOES IT WORK?

The Massachusetts Bail Fund accepts referrals for bail assistance up to $1000 per individual prosecuted in Massachusetts. Our funds are rotational, which means that if we spend $1000 on an individual and their case resolves and the bail money is returnable to us, we are able to post again for that person, up to $1000 at any given time.

THE MASSACHUSETTS BAIL FUND IS A CHARGE NEUTRAL  BAIL FUND; WE POST BAIL REGARDLESS OF COURT HISTORY, CHARGE, OR CIRCUMSTANCES.  Our only limitation is and has always been access to funds and staffing.  Please go here for our current referral guidelines.  

If a person has a bail they cannot afford that falls within our referral guidelines, the Massachusetts Bail Fund will pay the bail directly to the bail clerk. We do not lend money to parties outside of our organization to post bail. If you are court appointed counsel and you have a client you think would benefit from the Bail Fund please make a referral here between the 1st and the 15th of the month. If you have a loved one you think would benefit from the Bail Fund, please send an email to information@massbailfund.org.

Our referral asks for information that we need to get someone free. We collect some limited demographic information because the criminal legal system is racist, misogynist, classist, etc., and we want to ensure that our impact counteracts these disparities rather than contributes to them. Referrals and decisions are handled as quickly as possible — with a turn around time of 3-7 business days. Please note that we receive upwards of 200 referrals a month and post anywhere between 80-120 of them a month.

We understand that spending even one day in jail can have disastrous effects on someone's life and we act accordingly. We schedule bail postings throughout the month and you will be notified as soon as possible when we are scheduled to post the bail you have requested.

Posting Bail
Once a bail posting has been scheduled, Bail Fund staff or volunteers pay the bail according to the specific requirements of the jail in question. This process can take between 2-6 hours, depending on the timeliness of the Bail Commissioner and the Jail or Prison. Once the bail is processed, the person is free to leave (unless we are posting bail for someone with a warrant and/or other holds) and with some notice and information, the Bail Fund can assist with transportation as needed.

 
Pending Trial
While the person's case is ongoing their bail money is kept by the courts. If the person does not for any reason return to their court appointments, the bail money can be forfeited, which means the Bail Fund loses that amount of money. This does not happen often; in the history of the Bail Fund, a high percentage of all bails are returned. If notice of forfeiture is sent to the Bail Fund, our policy is to allow the process to play out without our involvement. However, once a bail is forfeited, the MBF treats that money as still held in the court and the individual would not be able too access more funds through us. We do this to keep access to our finite resources fair and equitable to the many many people who need support from us..  

Case Closed
Once a persons' case concludes, the bail money is free to be released back to the Bail Fund. Bail Fund staff or volunteers go to the court where the case was heard in order to have the bail money released back to the Bail Fund. That money can then be used for the next person or the same person who can't afford bail.

Bail is a renewable resource. Once bail is returned your money can be used to post bail for the next person who needs help. 
Please consider supporting this crucial work by donating to help replenish our revolving fund.

Our Partner Organizations