By setting PSBs at rates unaffordable for many defendants, criminal justice advocates and public defenders say, judges, who have complete discretion, have in effect nullified a program instituted by the legislature to free more poor people from jail.

“The battle for bail reform isn’t over, and right now, combatting PSB abuse is the front line,” said Martin Kaminer, founder of the Emergency Relief Fund, a bail fund that has been working on this issue.