In Clanton, Ala., people arrested for misdemeanor offenses like petty theft are sent straight to jail if they can’t pay a $500 cash bond, according to a recent class-action lawsuit filed in federal court.
For DUI (driving under the influence) offenses, the amount is set at $1,000. These bail amounts are applied to everyone, regardless of their financial situation—in violation of the Constitution and federal laws. Unless the arrested individual can pay up, he must wait in jail until the following Tuesday, when the city holds its weekly court session, according to the court complaint filed in January.
Those who can afford the amount are released immediately after booking.
When Tuesday rolls around, jail inmates appear in the courtroom via video conferencing, and the sessions are closed to the public.
The situation in Clanton, a city of roughly 8,700, sounds so egregious that the federal Department of Justice (DOJ) has gotten involved. Last Friday, the DOJ filed a statement of interest to provide guidance on the case.
The DOJ said in its statement that incarcerating people because of their inability to pay for their release violates the Constitution.
