The Bail Project, after helping hundreds post bond, ending its work in Northwest Arkansas

Bail Project: Work proved people will return to court

Detainees sit in chairs Nov. 23 during a tour of the Washington County Detention Center in Fayetteville. 
(File Photo/NWA Democrat-Gazette/Andy Shupe)
Detainees sit in chairs Nov. 23 during a tour of the Washington County Detention Center in Fayetteville. (File Photo/NWA Democrat-Gazette/Andy Shupe)

BENTONVILLE -- The Bail Project is no longer posting bonds for people incarcerated in the jails in Benton and Washington counties.

The Los Angeles-based nonprofit organization provides money for people unable to pay for bail themselves. The organization posts bonds in certain situations for people, up to $5,000 in most cases; however, the organization will post higher bail amounts given certain circumstances, such as concerns about a person's health, according to Jeremy Cherson, spokesman for The Bail Project.

"The Bail Project's work and mission is to demonstrate that an alternative to our current pretrial system is possible," Cherson said. "Our work in Arkansas proves that people will return to court with none of their own money on the line, laying waste to the fallacy that cash bail is a necessary instrument for ensuring that people return to court."

He said the organization stopped taking referrals in Northwest Arkansas for new bailouts in August.

Cherson said The Bail Project provided free bail assistance from August 2019 to August 2022 for 600 people in Benton and Washington counties. He said 92% of the people returned for their court dates.

"This is a remarkable result and we are confident that our model of Community Release with Support -- which includes a combination of court notifications, travel assistance and referrals to voluntary supportive services like housing assistance, substance use treatment programs, mental health services, and employment services -- helped create these incredibly impactful outcomes that make a strong case for what a future after cash bail should look like," Cherson said.

He said The Bail Project is a sun-setting organization, meaning the work is never meant as a permanent solution to what he deems a problematic system that relies too much on cash bail and needlessly incarcerates Americans every day.

Cherson said the nonprofit group needs to sometimes make difficult decisions about the distribution of resources to maximize its impact.

"Making a decision to leave a site is never easy, but in Arkansas, we are confident that our work helped us develop more crucial evidence that we need to advance our case for an improved pretrial system," he said.

"Creating long-standing, permanent solutions is the purview of government and system actors, not a direct services and advocacy organization like The Bail Project. However, we also understand that The Bail Project's value is one in which we are able to innovate and develop ample evidence that supports decision makers in knowing that pretrial systems can be just as effective without money. We very much welcome the opportunity to continue the work of developing effective system solutions with community partners and government stakeholders."

Benton County Prosecuting Attorney Nathan Smith said he had no doubt the people behind The Bail Project have good intentions but that seeking to alleviate crime by releasing more criminals simply won't work.

"The jail is the most important aspect of our public safety," he said. "As Benton County grows, my hope is that we can expand our capacity both for proven alternative sentencing programs and incarceration."

Jay Saxton, Benton County's chief public defender, said he hated to hear the organization was ending in Northwest Arkansas.

Saxton said the organization served an important role by posting bonds for those who couldn't afford it but also should not be held in jails. He said the organization was filling the gap for those who cannot afford to post their bonds.

"I hate to see them go," Saxton said. "I really do. It was a worthy cause."

Sarah Moore, executive director of the Arkansas Justice Reform Coalition, said The Bail Project provides a great service and she is sad to see them leave the area. She said the organization leaving may lead to population increases in the jails.

Lt. Shannon Jenkins, a spokeswoman for the Benton County Sheriff's Office, said Sheriff Shawn Holloway isn't concerned the decision will cause an increase in the jail population. The Bail Project didn't write very many bonds at the Benton County Jail when compared to the jail's population, Jenkins said.

Benton and Washington counties both are struggling with space issues at their respective county jails. Both counties proposed tax issues to fund jail expansions in the Nov. 8 election that voters defeated.

Since then, Washington County justices of the peace have approved two ordinances appropriating about $18.8 million in covid relief money for an expansion of the Washington County Detention Center. Benton County has appointed a committee to study possible solutions to crowding at its jail. The committee held its first meeting this month.

Moore and Saxton said The Bail Project did more than provide bonds; it also connected people with needed services and assisted them with getting to court.

"Arkansas Justice Reform Coalition is looking into and already working on a community bond fund, but that's not ready at this time," Moore said. "We're not giving up on this, and we will continue to push our elected leaders to take action and implement data-based, real time solutions."

Cherson said it will take about one more year to dispose of all of The Bail Project's active cases.

"Until then, we will continue to provide our existing clients with court notifications, travel assistance, and voluntary referrals to supportive services like transitional housing, clinical treatments for mental health and substance dependence issues, and employment assistance," he said.


The story was updated to correct the city the organization is based and how much they distribute.

Upcoming Events