One in three prisoners in Connecticut hasn't been convicted. They're waiting for trial – and stuck behind bars because they can't afford bail.
A new coalition says it's time to limit, or even end, cash bail. But the idea is getting a chilly reception from both candidates for governor.
TWO YEARS AWAITING TRIAL
Tracie Bernardi Guzman was 19 years old when she was arrested for a serious gang offense. She couldn’t afford her $300,000 bail, so she sat in jail for two years waiting for her day in court.
“Back then, in 1993, $300,000 was a lot of money,” she said.
Guzman served 23 years in prison after pleading no contest, but later received an absolute pardon.
She is part of the new Coalition for Pretrial Justice, which is pushing state lawmakers to overhaul cash bail. The coalition placed 3,500 signs in front of the state Capitol, representing every person currently in pretrial detention.
“Each one stands for a person, a mother, a son, a neighbor,” said Rev. Scott Marks, director of New Haven Rising. “You don’t show up for work and you miss that shift, you may lose your job. And not only the person who’s supposed to show up for work, but if they got a mother that has two kids waiting to be dressed to go to school.”
Many of those people are charged with misdemeanors like failure to appear at a court date because they lack transportation or childcare, coalition members said. The average misdemeanor suspect is incarcerated for 28 days, according to the Connecticut Judicial Branch.
"When mothers are incarcerated, their children suffer the consequences," said Claudine Constant, who runs the Beyond Jails Initiative.
“CRAZY IDEA”
But scaling back cash bail is highly controversial.
When New York state did it, some violent suspects re-offended. A series of splashy headlines led Gov. Kathy Hochul to partially backtrack.
President Donald Trump also signed an executive order withholding funding from states that eliminate bail.
Among the candidates for Connecticut governor, the idea is getting a frosty reception.
“I would veto it as governor … The idea of eliminating or rolling back cash bail is just a crazy idea. It’s only imported from some of the most ideological and radical political jurisdictions in the country,” said state Sen. Ryan Fazio, the Republican candidate for governor.
Fazio said he's open to changing the bail system though.
“There’s always room for reform and our criminal justice system needs to balance punishment with rehabilitation,” he said.
Gov. Ned Lamont was noncommittal.
“The Governor is aware of the coalition’s proposal and the concerns raised by advocates,” said campaign spokesperson Rob Blanchard. “He takes the issue of pretrial justice seriously and will review the proposal carefully, including its potential impacts on public safety, victims, and Connecticut’s justice system.”
RISK VS. CASH
Guzman understands the concerns. She believes cash bail should be replaced with a safety risk assessment.
“I’m not saying everybody should be released. I’m saying it shouldn’t be about whether you can afford to be released or not,” Guzman said. “The money that’s going into incarcerating people can be on our roads. It can be spent for our children’s schools.”
Connecticut did reform cash bail in 2017, removing certain misdemeanors, and again in 2020. Now, low-level defendants can pay a deposit directly to the court – and get a refund later.