Appeals court upholds Indiana law limiting charitable bail

LOUISVILLE, Ky. (WDRB) -- An Indiana court ruled to uphold a law that limits who can be bailed out of jail.

The Bail Project appealed to block the law, which was passed last year, saying it's unconstitutional and unfairly targets charitable bail organizations.

The nonprofit also argued that cash bail payments should be seen as a form of advocacy and should be protected under the First Amendment, Fox59 News reported.

But the U.S. Court of Appeals for the Seventh Circuit Court shot down the appeal, saying lawmakers have the ability to regulate charitable bail funds and pre-trial detention.

The legislation required that charitable bail funds be licensed and put restrictions on who can be bailed out if they were jailed for violent criminal charges.

Charitable bail has also been a topic in the Kentucky legislature. In February 2022, the man accused of walking into Louisville Mayor Craig Greenberg's campaign office and fired a gun was released from jail after the Louisville Community Bail Fund posted his $100,000 bond.

Kentucky state representatives introduced a bill in January 2022 that would have prevented charitable bail organizations from giving more than $5,000 for anyone charged with a crime. It passed the House, but failed in the Senate.

In June this year, the Louisville chapter of the Bail Project announced its decision to stop bail assistance July 10. The nonprofit instead opted to shift its strategy to an advocacy-first approach by focusing on changing laws, policies and programs that govern Kentucky's pretrial systems.