GRAHAM, N.C. (AP) - A North Carolina county has agreed to change some conditions of its bail policy as part of an ongoing lawsuit with the American Civil Liberties Union accusing the system of unfairly jailing the poor while releasing people with money.
A federal judge approved some amendments to Alamance County’s pretrial release system in a joint motion for a preliminary injunction filed late last week, The Times-News reported Tuesday.
The civil rights group sued the county sheriff and several judges and magistrates in November on behalf of three Alamance County jail inmates who said they could not afford cash bail amounts of more than $1,000. Two of the inmates were facing only misdemeanor charges, and ACLU lawyers argued the county violated their constitutional rights as they were presumed innocent while awaiting trial, yet remained confined because they could not afford bail.
Under the new terms, every defendant would get access to counsel and a bail hearing before a judge within 48 hours of arrest, ACLU lead counsel Leah Kang told the newspaper. She said judicial officers also would be required to discuss the defendants’ ability to pay bond, which could not be more than 2% of their monthly income, among other changes.
The North Carolina Department of Justice is representing the local courts and declined to comment on ongoing litigation, the newspaper said. The sheriff’s office referred questions to the county attorney, who could not be reached for comment.
Alamance County Sheriff Terry Johnson has said the lawsuit should not target him because his job is enforcing the law, not setting bonds.
The ACLU is still seeking class-action status.
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