New ACLU of Kansas report finds the “Price of Freedom” in Sedgwick County’s bail system
A system built on presumed innocence instead delivers punishment before trial or conviction disproportionately on the poor, women, and people of color
FOR IMMEDIATE RELEASE
Wednesday, June 25, 2025
CONTACT: Esmie Tseng, ACLU of Kansas, [email protected]
KANSAS – The American Civil Liberties Union of Kansas released The Price of Freedom: Bail in Sedgwick County this week, a report that explores data from 2023–2024 to understand who is being held, why they’re being held, how long they remain in jail, and what it costs them and the community. The widespread use of money bail results in the routine pre-trial incarceration of people who have not yet been convicted of a crime and who are simply detained because they cannot afford to pay for their release. The racial and gender disparities in Sedgwick County’s bail system are extreme even by standards of the American justice system.
“Money bail destroys the promise of presumption of innocence, which is fundamental to our system of justice—someone’s wealth shouldn’t determine their freedom,” said Lindsay Callendar, ACLU of Kansas Policy Associate. “Pre-trial confinement should be reserved to ensure someone’s appearance in court, to prevent potential harm to the public, or to avoid interference with the judicial process. But instead, many people spend up to months behind bars awaiting trial for low-level, non-violent offenses simply because they can’t post bond, regardless of their guilt or innocence.”
“The findings of this report did not emerge in a vacuum – the money bail system on the community is directly entangled in decades of over-policing, surveillance, and disinvestment in vulnerable neighborhoods,” said Micah Kubic, ACLU of Kansas Executive Director. “Sedgwick County’s money bail system causes financial destruction, employment disruption, and strain on familial relationships that lead to broader socioeconomic consequences for communities—and it makes all of us less safe. Community members in Sedgwick County, including decision-makers like the District Attorney, judges, and other elected officials—have a meaningful opportunity here to take a step toward alleviating a large portion of that cycle of harm.”
Key findings from the report include:
- Sedgwick County’s bail system disproportionately impacts Black residents: Black individuals represent close to one-third, at 32%, of the Sedgwick County jail population but only 9% of the county’s general population.
- Sedgwick County’s bail system disproportionately impacts men. Men made up 75% of the incarcerated population, while women made up 25% of the jail population and 50.3% of the general county population. Women facing prolonged detention pretrial faced distinct hardships such as financial strain and exacerbated mental health issues.
- Sedgwick County’s bail system mostly punishes non-violent crime. Non-violent charges account for 84% of all charges faced by individuals detained pre-trial. Over half of these nonviolent charges were for procedural violations, such as technical infractions or lapses in compliance that are often due to issues of poverty or substance use. Another 15% of nonviolent charges were drug-related.
- Sedgwick County’s bail system punishes poverty. The median bond amount for individuals facing non-violent charges was $1,500, an amount that is especially burdensome for low-income groups. The average total bond amount of $104,290 far exceeds the average income in Sedgwick County.
The report underscores the need to re-evaluate how existing bail practices in Sedgwick County overly rely on monetary bail, when multiple conditions of bail also exist that do not exacerbate financial strain on defendants and their families, such as unsecured bonds, rehabilitative measures, and pretrial supervision. People subjected to pre-trial detention experience worse outcomes in the criminal legal system, such as harsher sentences, higher chances of conviction, and higher risk of future criminal charges. Conditions of detention make it harder to meet with one’s lawyer and can have coercive effectives on someone to simply plead guilty.
Additionally, while judges are expected to play a role in bond determinations and to consider factors such as flight risk, community safety, and the defendant’s financial and other circumstances, the report finds a disconnect between judicial policy and practice—bond amounts are frequently applied uniformly, without individualized assessment.
The report recommends a strong presumption of pretrial release and calls on the Sedgwick County District Attorney to issue an internal office memorandum requiring the office to seek an Own Recognizance (OR) Bond for all defendants charged with nonperson misdemeanor and felony charges. Where aggravating factors exist, the DA’s office can recommend a cash bail amount reasonably tailored to the individual’s ability to pay and individual circumstances.
The full report can be found here: https://www.aclukansas.org/en/publications/price-freedom-bail-sedgwick-county
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About the ACLU of Kansas: The ACLU of Kansas is the statewide affiliate of the national American Civil Liberties Union. The ACLU of Kansas is dedicated to preserving and advancing the civil rights and legal freedoms guaranteed by the United States Constitution and the Bill of Rights. For more information, visit our website awww.aclukansas.org.
