R Street Institute releases new 50-state bail reform resource for policymakers, experts, and media
One-of-a-kind analysis of current laws, court rules, and bail practices to foster informed discussions and facilitate meaningful changes in the bail system
Today the R Street Institute released a comprehensive, one-of-a-kind analysis of bail reform laws across all 50 states. The author, Lisel Petis, resident senior fellow for R Street’s Criminal Justice and Civil Liberties program, outlines and analyzes the current state of pretrial justice in the United States, looks at trends in bail reform, and explains how states can make progress in reforming their own bail systems moving forward.
“Bail laws vary state to state, but what does not change is the fact that bail is a critical component in our criminal justice system. We must let facts, not fear, guide the future of bail discussions,” said Petis. “It can deprive someone of their freedom before they are ever convicted of a crime, but it also can protect public safety and ensure accountability. So naturally, it is rightfully subject to intense scrutiny and heated debate.”
To facilitate the comparison of laws state-to-state, Petis classified states and rules across more than a dozen categories, including:
- State Population: 2022 estimated populations from the U.S. Census
- Pretrial Detention Population: 2019 jail population and percentage of individuals held pretrial from the most recent Census of Jails
- Purpose of Bail: Reasons for bail are categorized and designated “primary purpose” are noted
- Release Before First Appearance: Ability of a defendant to be released before their first appearance
- Time Limits: Any time requirements for setting bail by the court after the time of arrest
- Bail Factors Considered: Factors to be considered by the court when setting bail
- Pretrial Risk Assessment: Whether a pretrial risk assessment is used as a part of pretrial release decisions
- Type of Bail Available: Types of bail available to be issued by the court
- Limits on Types of Bail: Limits on the types of bail used by the court and the crimes that the limit applies to
- Bond Conditions: Limits on the bail conditions that can be imposed by the court
- Pretrial Services: Whether pretrial is an available option as a bond condition
- Special Considerations: Any other unique considerations or limits
- Ability to Pay Considered: Whether a defendant’s ability to pay is considered
- Preventative Detention: Types of offenses eligible for preventive detention and the standard of proof to invoke preventive detention
- Bail Reconsideration: Whether bail is reconsidered after a specified time frame or upon request if an individual remains incarcerated due to an inability to pay
In this one-of-a-kind analysis, author Lisel Petis provides policymakers and experts with a common-sense perspective on bail reform. She analyzes current laws and court rules in effect, bail practices, key themes across states (from reducing the reliance on cash bail to enhancing public safety measures), and provides an easy to use comparison to help legislators, state officials, and researchers learn from each state’s tools and tactics. She concludes by looking at the future of bail and the insights into the complex and nuanced discussions surrounding bail reform.
Read the full state-by-state analysis here: https://www.rstreet.org/research/navigating-bail-reform-in-america-a-state-by-state-overview/