The structure of our bail system separates people from their families, jobs and community before they may be convicted of a crime. We must assess the inadequacies of our existing bail system and its price for freedom before conviction. Bails should provide an opportunity for qualified individuals awaiting trial to return to their communities. Yet more often than not, excessive bail amounts result in the incarceration of our poorest residents. 

When individuals are jailed, they are provided with bail schedules that put a price on their freedom depending on the severity of the alleged crime and their ability to raise the collateral required to post bail. The purpose of a bail is to offer an incentive for detainees to show up for future hearings and to lessen the detainment costs covered by taxpayers’ money. Missing a court date forfeits the money paid as collateral, and individuals are returned to jail until a decision on their case is made. 

In their 2021 webinar, Brookings Institution scholars Rashawn Ray and Brent Orrell questioned the efficacy of pretrial detention. As they note, among the adverse effects of pretrial detention are the increased likelihood of conviction, the possibility of more severe charges and a higher risk of recidivism for individuals held in custody before trial. Over two-thirds of Americans who are offered bail remain in custody because of their inability to pay for it. 

Those who are unable to finance their bail are incarcerated without regard to whether they are innocent or guilty. 

The Reno Gazette Journal noted that Nevada’s jails housed over 30,000 individuals awaiting trial in 2019 with 90 percent of detainees held at either Clark County Detention Center in Las Vegas or the Washoe County Jail in Reno. Statistics indicate that over 20,000 Nevada residents were kept in jail because they lacked the necessary funds to unlock their cells. Freedom at a price is the mantra that many individuals experience during their time in jail.

Courts in the Las Vegas metropolitan area have adopted standard amounts for most crimes under the idea that “the bail must fit the crime.” Consequently, local bond companies have calculated the average bail amounts in Clark County to be $1,000 for most misdemeanors, $2,000 for gross misdemeanors and anywhere from $5,000 to $20,000 for felony charges. 

Misdemeanors are the lowest level of offense and include trespassing, shoplifting or traffic tickets. Gross misdemeanors cover citations such as indecent exposure, carrying a concealed weapon or unlawful use of a hotel key. Lastly, felony charges, such as murder or kidnapping, are the highest level of crime and can be punishable by death or incarceration in a state prison without the guarantee of possible bail.

These hefty sums can prove to be too much to handle for some of our residents. The Eighth Amendment protects American citizens from having excessive bail or fines imposed. As shown on the Opportunity Atlas, the median household income of Clark County residents in 2016 was $55,000. The term “excessive” becomes ambiguous when bail amounts starting at $1,000 constitute more than a week’s worth of salary for many Las Vegans, especially when half of our population is already living paycheck to paycheck. 

Those who are unable to finance bail are additionally punished by missing days from work, losing critical income to support their families, which increases their economic burden. Pretrial detention can leave low-income individuals without the means to put food on the table for themselves and their families.

In contrast, the price of conditional freedom is less burdensome for higher-income individuals. Those who can more easily finance their bail are able to bypass pretrial detention and continue living their lives without interruption.

The disparate effects of an equal bail system on our communities highlight the dire need for a more equitable approach. It is critical that residents of the Las Vegas metropolitan area pursue policies that either abolish cash bail or, more realistically, change the bail rates to match one’s income more appropriately.

AB424 was passed during Nevada’s 2021 legislative session and mandates that a pretrial release hearing must be held within 48 hours after an individual has been taken into custody. While a significant development, the Assembly bill was originally designed to ensure a hearing within a 24-hour limit but was amended before its passage. Two days of absence from one’s community and responsibilities can still result in significant losses, highlighting the necessity of lowering an individual’s time detained pretrial.

Building upon the foundation of AB424, it is our responsibility as members of our community to advocate for further modification of our bail system, addressing detainment time and bail costs alike. 

Someone’s financial status should not be the determining factor of their unnecessary imprisonment before trial. In the words of UNLV criminal justice professor Joshua Donnelly, “Today’s prisoners are tomorrow’s neighbors; it is time we treat them as such.”

Cesar Lozoya Martinez is a third-year student at UNLV pursuing a degree in hospitality management, with a minor in public policy through Brookings Mountain West.