Fulton County Commissioners voted last month to reconsider building a new $1.7 billion taxpayer-funded jail. This is an important next step toward addressing the ongoing crisis at the Fulton County jail. We encourage the commissioners to let their next steps focus on implementing changes that will bring an immediate reduction in the number of people detained rather than continuing the yearslong process to build a new jail. So far this year, three people have died in Fulton jail custody; 10 people died in custody in 2023. It is vital that Fulton County leaders take immediate action.
For the past two years, the ACLU of Georgia has implored Fulton County leaders to follow advice from advocates, including two reports detailing the concrete steps law enforcement, prosecutors, judges and other leaders can take to reduce the number of people housed at Fulton County Jail: the 2022 report “There Are Better Solutions: An Analysis of Fulton County’s Jail Population,” and the 2023 report, “Breaking the Cycle: Exploring Alternatives to a New Jail.” In addition to the reports, the ACLU of Georgia polled Fulton County voters on their opinions of the jail and what they see as solutions to the crisis.
The poll of 800 registered voters in Fulton County, which was conducted by the African American Research Collaborative (AARC) between Jan. 31 and Feb. 14, found that Fulton County residents overwhelmingly agree that too many people are held in Fulton County Jail for too long. More than half of voters acknowledged overcrowding was caused by the fact that too many people cannot afford to pay their bail, and respondents support efforts to reduce or eliminate excessive bail. Three out of four Fulton County voters believe that people with mental health and substance abuse issues should receive treatment instead of being sent to jail.
Credit: Handout
Credit: Handout
Credit: Handout
Credit: Handout
At last month’s commission meeting, some commissioners said that Fulton County’s priority should be reducing the jail population. Commissioner Bridget Thorne advocated for reducing the county’s incarceration rate while sharing what she has learned since her appointment to the National Association of Counties’ Justice and Public Safety Steering Committee. Through her appointment, she was exposed to jail procedures, jail supervision, jail management and more. She told fellow commissioners that “the problem is that we have too many mental health and substance abuse people that are incarcerated, and we need to reduce the incarceration rate.” We couldn’t agree more.
Overcrowding creates problems beyond the walls of the jail. Judicial officials, the sheriff and others need to come together to solve the problem because it’s hurting the community and it’s expensive. It’s a classic example of government waste: Locking up people to pay for them to stay in an inhumane jail, when instead, those whom judges would set an affordable bail for, can return to their families and their jobs.
The crisis at the Fulton County Jail will be further impacted by actions of the Georgia General Assembly. With Gov. Brian P. Kemp signing Senate Bill 63, which requires cash bail for nearly 30 additional offenses, the Fulton County system and jail will be under further strain. We implore all system actors to use the tools at their disposal to help fend off compounding the ongoing crisis. This includes fully using and expanding the prearrest diversion program and setting reasonable bonds so that people who are no threat to the community can pay them and return to their jobs and families while awaiting trial.
Fulton County can provide a safer jail and increase public safety by renovating the Rice Street Jail and fully implementing the following reforms:
- Expanding prearrest diversion to all law enforcement agencies in Fulton County to provide services to those with substance abuse or mental health issues or facing homelessness instead of relying on incarceration,
- When setting bond, consider an individual’s ability to pay and not set unaffordable bonds,
- Consider probable cause at first appearance and make charging decisions within 90 days.
Now is the time for Fulton County to address the overcrowding crisis at the jail once and for all. Waiting years to build a new jail could continue to have tragic results. A significantly lower jail population will help make the pre-detainment system more just in Fulton County.
Andrea Young is executive director of the ACLU of Georgia. Fallon McClure is deputy director for policy and advocacy of the ACLU of Georgia.
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