New MBF Policy for Posting Bail for People with both Cash Bail and Electronic Monitoring (GPS, SCRAM, Etc.) as pre-trial conditions of release:
Over the past year our requests to post bail for people who have Electronic Monitoring as a condition of release (in addition to a cash bail) have doubled. There is no research to suggest that Electronic Monitoring increases public safety or a person's likelihood to return to court. Instead, EM is harmful, invasive, and major burden to people forced to wear GPS shackles and the people they live with and around. We've heard from our clients experiencing homelessness, for example, that they are not able to plug in the GPS units at most Boston shelters. Despite this, judges and ADAs throughout the Commonwealth are imposing EM more frequently and for more charges.
Posting bail for people required to wear GPS shackles is difficult for Mass Bail Fund volunteers and almost impossible for families and friends. Our volunteers have experienced different rules and policies at every court where they attempt to post. Generally however, we've been told by both defense attorneys and court clerks that anyone wishing to post bail for someone with EM as a condition of release should come to court with the money as early as possible - which is a major barrier for family members of incarcerated loved ones who work, have kids, or go to school.
Once the person is in the court with the money, the court contacts the jail to have the person transported, and probation is contacted to see if there is a unit available in the building. The person posting bail must wait until the person is brought to the courthouse and fitted with the GPS. This can take up to six hours and often longer if there are communication issues between the court and the jail, or if the probation department is busy. When we've asked if a person can be put on the transport list prior to the morning of bail posting, we've been told by some court clerks that someone has to show up with the money first. We've also been told the only way a person can be transported is if they're habed by their lawyer. The process is not posted in the court house and it's not consistent between courts. For instance, this isn't an issue at all in Middlesex County where bail can be posted at the jail, and the jail will bring the person to court the next day to be fitted with the EM unit.
We believe the process for posting bail for people required to wear GPS units is inequitable, unjust, and an undue burden on families. If the money is ready to be paid, no one should spend an extra minute in jail. Family members ready to post bail and attorneys should be able to have their client transported any time the court is open.
However, that is not how the current system works. While we push for changes (and invite you to join us), we have to adjust our practices. Like families and loved ones, our volunteers are generally not able to take 6 hours out of a work day to wait in court or come back to court multiple times. Until the system changes, we can only post bails where EM is an additional condition of release when:
If you experience resistance to these requirements, please let us know. If you need documentation from the Bail Fund for a judge or the court, we are happy to help. We don't make this change lightly. We want to get as many people out on bail as possible, and this policy change means we will not be able to help some people. Our goal here is a system that is transparent, predictable, and built with the needs of incarcerated people and their families in mind. When working with clients who have higher bails than MBF can pay, we strongly encourage you to explain the bail posting process to families, work with them to plan a time when they can come into court, and arrange to have their loved one to be transported in advance as well. We hope attorneys won't wait until someone's next court date if a family has the money beforehand. We also hope at that attorneys will continue challenging GPS as a condition of release, arguing the undue burden it imposes on people and their families.
Posting bail for people required to wear GPS shackles is difficult for Mass Bail Fund volunteers and almost impossible for families and friends. Our volunteers have experienced different rules and policies at every court where they attempt to post. Generally however, we've been told by both defense attorneys and court clerks that anyone wishing to post bail for someone with EM as a condition of release should come to court with the money as early as possible - which is a major barrier for family members of incarcerated loved ones who work, have kids, or go to school.
Once the person is in the court with the money, the court contacts the jail to have the person transported, and probation is contacted to see if there is a unit available in the building. The person posting bail must wait until the person is brought to the courthouse and fitted with the GPS. This can take up to six hours and often longer if there are communication issues between the court and the jail, or if the probation department is busy. When we've asked if a person can be put on the transport list prior to the morning of bail posting, we've been told by some court clerks that someone has to show up with the money first. We've also been told the only way a person can be transported is if they're habed by their lawyer. The process is not posted in the court house and it's not consistent between courts. For instance, this isn't an issue at all in Middlesex County where bail can be posted at the jail, and the jail will bring the person to court the next day to be fitted with the EM unit.
We believe the process for posting bail for people required to wear GPS units is inequitable, unjust, and an undue burden on families. If the money is ready to be paid, no one should spend an extra minute in jail. Family members ready to post bail and attorneys should be able to have their client transported any time the court is open.
However, that is not how the current system works. While we push for changes (and invite you to join us), we have to adjust our practices. Like families and loved ones, our volunteers are generally not able to take 6 hours out of a work day to wait in court or come back to court multiple times. Until the system changes, we can only post bails where EM is an additional condition of release when:
- We have confirmation from the person's attorney (or the court) that the person is on the transport list for the day our volunteer can be in court.
- We have confirmation from the person's attorney (or the court or probation department) that there is an EM unit available on that date as well.
If you experience resistance to these requirements, please let us know. If you need documentation from the Bail Fund for a judge or the court, we are happy to help. We don't make this change lightly. We want to get as many people out on bail as possible, and this policy change means we will not be able to help some people. Our goal here is a system that is transparent, predictable, and built with the needs of incarcerated people and their families in mind. When working with clients who have higher bails than MBF can pay, we strongly encourage you to explain the bail posting process to families, work with them to plan a time when they can come into court, and arrange to have their loved one to be transported in advance as well. We hope attorneys won't wait until someone's next court date if a family has the money beforehand. We also hope at that attorneys will continue challenging GPS as a condition of release, arguing the undue burden it imposes on people and their families.