Welcome! The Bail Project is a national nonprofit organization that provides free bail assistance and pretrial support to thousands of low-income people every year. We’re on a mission to combat mass incarceration ‒ one person at a time ‒ and transform pretrial justice in America. Here are the answers to some of the most frequent questions we get.
FAQ
General
Why focus on bail?
The U.S. jail population has grown dramatically in recent decades. This increase is due almost entirely to the rise of pretrial detention, the practice of holding a person in jail before trial even while they are presumed innocent. A single factor drives most pretrial detention, confining an estimated 2.5 million people each year behind bars: unaffordable cash bail.
Pretrial detention, fueled by unaffordable cash bail, upends the presumption of innocence, tears families apart, and perpetuates racial and economic disparities in the criminal legal system. To combat these injustices, we must steer local pretrial systems away from cash bail and jails and toward release on recognizance and investment in social services and community-based approaches to care and safety. That, in short, is the main objective of The Bail Project.
What is the purpose of bail in the first place?
Cash bail, by definition, is a form of conditional release for a person who has been accused of a crime, but has yet to have a trial. The idea is simple: require people to put an amount of money they can afford on the line and they will have a financial incentive to come back to court until their case is resolved. Over the past few decades, however, cash bail has become a mechanism for incarcerating low-income people before trial. Judges routinely set bail amounts that people cannot afford, particularly for people of color. As a result, we have a two-tier system where two individuals charged with exactly the same thing are treated differently based on their race and economic status.
More equitable approaches do exist. Chief among these is release on recognizance, which allows individuals to return to their communities without bail on the condition that they come back to court as required. While judges across the U.S. already have broad discretion to allow release on recognizance, most continue to set cash bail at unaffordable amounts, keeping people in jail pretrial solely because of their poverty.
Our clients’ success in coming back to court demonstrates that cash bail is not necessary to ensure people come back to court. The Bail Project Community Release with Support Model works, offering an alternative that is more just, equitable, and effective.
Does the Constitution say anything about unaffordable cash bail?
The Eighth Amendment to the U.S. Constitution prohibits excessive bail and cruel and unusual punishment. There are ongoing legal challenges to the cash bail system in several states.
How did The Bail Project start?
The Bail Project grew out of The Bronx Freedom Fund, New York City’s first community bail fund, which launched in 2007. In 10 years of operation, The Bronx Freedom Fund served nearly 2,000 Bronx residents with remarkable outcomes: over 95 percent of our clients returned to court, and 90 percent of cases closed without a criminal conviction. With this powerful proof of concept, The Bail Project National Revolving Bail Fund launched in 2017 as the first national revolving bail fund in the U.S. We provide free bail assistance and pretrial support to thousands of low income people every year while working with local partners to advance bail reform.
To learn more about the history of community bail funds in the U.S. – from the McCarthy era to the Civil Rights movement and beyond – see The Brief History of Bail Funds.
How does The Bail Project National Revolving Bail Fund work?
Cash bail is returned at the end of a case when a person has made all their court appearances. Our teams of Bail Disruptors and Client Advocates use standardized court reminder procedures and established social-service partnerships to support our clients in making their court dates. As their cases close, bail is repaid back into our fund and recycled to help additional clients. As a result, the same donation can be used over and over, creating a massive force multiplier.
What is The Bail Project Community Release with Support Model?
The Bail Project recognizes that individuals are unique, and understanding their basic unmet needs and circumstances is critical to providing adequate pretrial support. At the outset of each bailout, Bail Project staff conduct an individualized needs assessment to determine a person’s eligibility for our program and inform a post-release support plan. The Bail Project then posts bail at no cost to the individual, removing the financial incentive that cash bail creates. Upon release, Bail Project staff provide clients with court reminders, transportation assistance, and voluntary referrals to social services and community resources based on the person’s identified needs. These are the core elements of our Community Release with Support model.
How do you decide whose bail to pay?
Pretrial detention is a key driver of mass incarceration, accounting for 100 percent of all jail growth in the past 20 years. Quite simply, we cannot end mass incarceration without meaningful bail reform.
The Bail Project pays bail for people who are legally presumed innocent, and whom a judge has already deemed eligible for release from jail before trial contingent on paying bail. Our local teams receive referrals from community members and public defenders, and conduct interviews in jails. We determine eligibility for free bail assistance based on a person’s bail amount, the reliability of contact information, and a track record of prior court appearances, if applicable. We also conduct an individualized needs assessment to determine whether we can adequately support the person through our network of community partners and social service providers.
The Bail Project does not disqualify people based on the type of charge alone. People held on cash bail are presumed innocent by law and have been deemed eligible for pretrial release by a judge, contingent on paying bail. At the point where we come in, the only factor keeping a person in jail is poverty. Our intervention allows people who cannot afford bail to return home to their families and communities while awaiting their court dates — something that a wealthier person or someone who can pay a commercial bail bond agency would be in a position to do.
Is bail assistance capped at a certain amount?
Yes, The Bail Project uses an internal soft cap to maximize the number of people we can assist with our current level of funding. That said, our local teams review all referrals from community and partner organizations and take special individual circumstances into account when determining eligibility.
How does The Bail Project select cities for new sites?
We’re building a nationally representative portfolio of sites by choosing cities and towns of varying demographics, population densities, and stages of bail reform. This portfolio approach allows us to leverage data, stories, and best practices from our work in one site for advocacy in jurisdictions that share similar traits.
What do you mean you want to drive yourself out of business?
Our track record demonstrates that money is not necessary to ensure people come back to court. We use philanthropic dollars to pay people’s bails and our clients have no obligation to us. The Bail Project Community Release with Support Model works. Our ultimate goal is to be a catalyst for long-term systemic reforms that make our intervention unnecessary.
What is The Bail Project’s position on pretrial algorithms and electronic ankle monitors?
The Bail Project is strongly opposed to pretrial algorithms (also known as “risk assessments”) and electronic surveillance as alternatives to the current bail system. As we have argued from the start, doing away with cash bail while opening the door to these approaches has the potential to increase pretrial incarceration and further codify racial and economic disparities in the criminal legal system. As The Bail Project Community Release with Support Model demonstrates, releasing people on their own recognizance with adequate court notifications is entirely adequate to assure that someone will return to court.
Do online contributions go directly toward paying bail?
Yes! 100% of online donations go into The Bail Project National Revolving Bail Fund. Our operating costs are funded separately by private donors.
Why are your local teams called Bail Disruptors?
Cash bail traps low income people, and disproportionately communities of color, in cycles of poverty and crisis. Our intervention seeks to disrupt these cycles by preventing the harms of pretrial detention and supporting our clients in coming back to court. This leads to better case outcomes and an opportunity to address unmet basic needs that might be driving criminal justice involvement in the first place.
Where can I get The Bail Project T-Shirt?
Here!
What is The Bail Project's phone number?
(323) 366-0799
Can't find what you're looking for?
Contact us here.
Donor
How do I receive documentation of my donation for tax purposes?
When you make an online donation to The Bail Project, you will automatically receive a donation receipt via email. Please retain this receipt for your tax records.
When you make an online donation to The Bail Project, you can also download a copy of your donation receipt at any time. To do so, click here to set up your own account in our donor portal using the email address with which you created your monthly donation. You will then be emailed a link to activate the donor portal. Once you have set up your account, you can visit the donor portal at any time to change your subscription, update your billing information, or download receipts.
To receive a receipt for donations made prior to August 2020, please contact giving@bailproject.org.
Do online donations go directly toward paying bail?
Donors can choose between paying bail for our clients or making an unrestricted gift.
How do I change or cancel my monthly donation?
You can visit your donor portal at any time to change your subscription, update your billing information, or download receipts. To set up an account using the email address with which you created your monthly donation, click here. You will then be emailed a link to activate the donor portal.
How can I update my billing information for my monthly donation?
You can visit your donor portal at any time to update your billing information, change your subscription, or download receipts. To set up an account using the email address with which you created your monthly donation, click here. You will then be emailed a link to activate your donor portal.
How can I mail a check to The Bail Project?
We would be grateful to receive your check payable to “The Bail Project” at the following address:
The Bail Project
Attn: Gift Processing
PO Box 102592
Pasadena, CA 91189-2592
Can I donate in someone’s honor or memory?
Yes! There is an option on our donation page where you can give in honor/memory of someone else. There, you can donate to The Bail Project on someone’s behalf and send a custom e-card along with your donation.
Can I designate my donation to one of The Bail Project’s local sites?
Yes! To restrict your donation to one of The Bail Project’s sites, simply click here to view the map of all our locations, and then click on the site to which you would like to donate. Once on the site page, click on the “Donate to [site]” button on the bottom right side of the page to make a contribution designated for that site.
My employer offers matching gifts for my charitable donations. How do I set that up for The Bail Project?
Requesting a matching gift is normally a five-minute process which must be initiated by the donor. You can do this by filling out and submitting a paper match form provided by your employer or through an electronic submission process which you can initiate by searching for your company in our Employee Matching Gifts database and selecting “Go to Matching Gift Form.”
Please search our database of companies which match donations to The Bail Project for company specific information. For more specific questions regarding your company’s programs, please contact your employer’s HR or community giving department.
If you still have questions, please contact us at giving@bailproject.org.
How can I donate from my donor-advised fund?
Simply click the link below to find your fund and the system will prompt you through the process. You can also contact your fund manager directly to recommend a grant to The Bail Project.
The Bail Project
Attn: Gift Processing
PO Box 102592
Pasadena, CA 91189-2592
Our tax identification number (EIN) is 81-4985512.
Can I donate via wire or ACH transfer?
Yes! To donate via wire or ACH transfer, please contact giving@bailproject.org to receive our payment instructions.
Can I donate stock?
Yes! To donate stock, please email us at stock@bailproject.org. We request that donors contact us prior to executing a stock transfer so that we can link the individual donor with their associated contribution.
Can I donate my car?
Yes! To donate your used vehicle, visit CARS at careasy.org/nonprofit/the-bail-project.
Can I donate via GoFundMe, Crowdrise, or PayPal?
Yes! Please make sure to select “The Bail Project” as the beneficiary. All donations will be processed through our PayPal Giving Fund account.
How do I set up a charity livestream for The Bail Project on Twitch?
It’s simple! The Bail Project is a registered nonprofit on Tiltify (tiltify.com/the-bail-project) and Streamlabs (streamlabscharity.com/the-bail-project). Both platforms let you choose to support an event that’s already happening for The Bail Project or you can register as an individual and support The Bail Project directly.
I want to host a fundraiser for The Bail Project. What should I do?
To host a peer-to-peer fundraiser for The Bail Project, click here to set up a fundraiser by filling out the relevant information. Once you’ve set up your fundraiser, you will be given a link to the fundraiser that can be shared with your friends and family. You can check in on the progress of your fundraiser by logging into your donor portal here. If you don’t already have an account in our donor portal, simply enter the email address with which you created the fundraiser. You will then be emailed a link that will allow you to activate your account. Once the portal is created, you can see who has donated to your fundraiser and how close you are to reaching your goal.
You can also raise money for The Bail Project by posting on social media: create a Facebook Fundraiser or add an Instagram Donation Sticker to your story.
If you’re interested in hosting a virtual or in-person fundraising event for The Bail Project, please contact our Development Team at giving@bailproject.org. We’d be more than happy to support you!
Is The Bail Project registered as a 501(c)(3) nonprofit organization? If so, what is The Bail Project’s tax ID number?
Yes, we are registered with the IRS as a 501(c)(3) nonprofit organization. Our tax identification number (EIN) is 81-4985512.
Does The Bail Project have a rating on GuideStar/Candid or Charity Navigator?
Yes, we do! The Bail Project earned a Platinum Seal of Transparency from GuideStar/Candid. You can find our profile on GuideStar/Candid here. We’re working on Charity Navigator right now. Feel free to email us at giving@bailproject.org if you would like more information.
Where can I get information about The Bail Project's financials and tax-exempt status?
To obtain copies of our 990 and 1023 forms, please contact giving@bailproject.org. Additionally, you can check out our 2020 annual report here.
I have a question that isn’t answered above. How can I reach someone on the Development Team?
We’d love to hear from you! You can email us at giving@bailproject.org or give us a call at (323) 366-0799 x 2.
