A nonprofit that raises money to pay cash bail for criminal defendants in pretrial detention is challenging a new state law that adds to the list of offenses ineligible for no-cash bail.
The Barred Business Foundation and two individual Georgians, represented by the American Civil Liberties Union of Georgia, filed a lawsuit in federal court on Monday.
The suit seeks a temporary restraining order and a preliminary injunction against a provision in Senate Bill 63 that prohibits charitable organizations from posting more than three cash bonds annually.
The Republican-controlled General Assembly passed the legislation this year, voting along party lines.
Supporters said the bill would help enhance public safety when violent crime increases.
Opponents said it punishes people who have not been convicted of a crime.
“SB63 is cruel and costly, forcing people to languish in jail because they can't pay for their release and prohibiting others from being able to help them become free,” said Cory Isaacson, legal director of the ACLU's Georgia chapter. “It is mean, it is unconstitutional, and we hope that the courts will step in to stop the state from doing more harm.”
The court has scheduled a hearing on the lawsuit for Friday, three days before the law takes effect.