Under Shelby County’s current, unconstitutional pretrial system, a person can be held for weeks or longer without a bail hearing with counsel, and ability to pay is not considered when bail is set, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk, while those who face the same charges but can afford to pay money bail are freed until trial.

People who can’t afford to pay money bail are forced to remain in their cells for long periods of time without access to a shower, phone call, or warm meal. They are also exposed to disease and do not have enough fresh air to breathe to meet minimum ventilation standards,