Petis: Prioritize updating state pretrial system

One year after Detroit successfully updated its bail system, most of Michigan continues to prioritize access to cash rather than risk to society for pretrial release. As a consequence, Michigan’s safety resources are squandered on detaining traffic offenders and other low-risk individuals, diverting attention from those who are genuinely dangerous. While bipartisan House bills 4655–4662 are gaining momentum to correct this unjust wealth-based system, the clock is running out for legislators to take action to ensure a fairer and more effective pretrial system.

Most prosecutors oppose detaining individuals who merely lack the financial means to pay bail. Indeed, one Michigan county attorney said, “The size of a person’s bank account should never determine their freedom.” Unfortunately, the unfettered use of cash bail—the process of paying for release pending trial—creates a justice system that favors those who can access cash while punishing those who cannot. This can result in low-income individuals spending significant amounts of time in jail without even being convicted of a crime. This wastes taxpayer dollars and can also trap individuals in a destructive cycle of incarceration and poverty, ultimately leading to more crime.

Nevertheless, statewide research shows that approximately 60% of pretrial detainees make up Michigan’s jail population, and 38% of those individuals are unable to pay even a bail amount under $2,500.

Bail must be structured to protect both public safety and constitutional rights. That is, individuals have a right to be presumed innocent, but the government also has a duty to keep its citizens safe. To address risk, Michigan law provides safety measures, such as a court’s ability to detain some people before their trials for the most egregious offenses. But Michigan’s over-reliance on cash bail for low-level offenses has unnecessarily threatened gainful employment—further straining short-staffed businesses—and negatively impacting other adult responsibilities.Now is the moment to create a more effective and just bail system.

Most defendants who are released on bail—with or without monetary conditions—remain crime-free and show-up for court. Research shows that cash bail does little to encourage this, but other support such as text court reminders and pretrial monitoring do make a difference. Conversely, even a day in jail for low-risk offenders can jeopardize someone’s job, housing, or parenting, which leads to an increased chance of reoffending.

Some Michigan legislators have pushed for statewide bail system changes over the last several years. When Republicans held the majority last session, there was a bipartisan effort to create a pretrial framework that continued cash bail and preventive detention for violent or repeat offenders, but prioritized release with additional safeguards for low-level, non-violent defendants. Polling shows this approach—based on Governor Whimer’s 2019 bipartisan Jail and Pretrial Incarceration task force recommendations—is supported by a strong majority of Michiganders, regardless of political affiliation.

The Republican-championed legislation failed to move last session, but a substantially similar pretrial package was introduced in the Democrat-led legislature this session. Why? Because common sense policies are not partisan. The proposed pretrial framework wildly differs from progressive policies found ineffective in other cities. It could make Michigan a model bail system and highlight how smart policy, not politics, leads to the best outcomes. And now, Detroit’s promising results demonstrate the potential success such bail system changes can achieve statewide.

But despite this pragmatic, evidence-based approach, Democrats have yet to advance the legislation, even after holding the majority for nearly a year and a half. With an election looming in November and legislative session days quickly dwindling, there is urgency to pass pretrial solutions that will stand the test of time.

Michigan must prioritize updating the state’s pretrial system this session.