Beyond Bail: What’s Next for Reform? - The Bail Project Skip to main content

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Americans of all political backgrounds agree: our cash bail system is broken. In fact, twice as many Americans favor ending cash bail over keeping it. That’s why states and cities nationwide are successfully passing laws that remove money from the pretrial justice system and prioritize safety and fairness over wealth.

If this surprises you, you’re not alone. Powerful interests have worked hard to suppress public awareness of our growing movement for pretrial justice. But at The Bail Project, we are committed to cutting through the noise to deliver the truth. 

That’s why we’re proud to release Beyond Bail: A National Survey of Pretrial Justice Reform in the United States – an unprecedented resource analyzing the policies shaping bail and pretrial practices across the country.

What Beyond Bail Reveals

This report lays out the incredible momentum behind pretrial justice like never before.  It highlights 36 modern examples of jurisdictions taking real steps to curb wealth-based detention and implement a fairer pretrial system. To be included, a reform had to significantly reduce reliance on cash bail or promote a more just and effective pretrial process that reduces unnecessary incarceration. 

Our key findings include:

  • Momentum is growing. Multiple states and cities have recently enacted laws limiting or eliminating cash bail. 
  • Opposition remains fierce. Some reforms have faced pushback, showing the need for sustained advocacy and oversight.
  • Pretrial release works. Systems that prioritize supported release over detention see high court appearance rates and improved public safety outcomes.
  • Implementation matters. Reform only succeeds with clear enforcement mechanisms and proper training for judges and stakeholders..

Why This Matters

Every day, nearly half a million legally innocent people sit in jail simply because they can’t afford bail. They haven’t been convicted of a crime, yet remain locked up for days, weeks, or even months – often at the cost of their jobs, homes, and even custody of their children. The consequences of pretrial incarceration ripple through families and communities, reinforcing cycles of poverty and incarceration.

These injustices are why the movement for pretrial reform is growing stronger every day. Since 2020, we’ve identified 13 major bail reforms nationwide, with even more passing in 2025. 

At The Bail Project, we believe that Beyond Bail is more than a report – it’s a roadmap for shaping the future of pretrial justice. Read the report, spread the word, and join the fight for a safer, fairer system. 

Thank you for your valuable attention. The urgency and complication of the cash bail crisis requires meaningful participation to create real change – change that is only achieved through the support of readers like youPlease consider sharing this piece with your networks and donating what you can today to sustain our vital work.

Manager of Communications at The Bail Project, Devin McMahon
Manager of Communications

Devin McMahon

As the Manager of Communications, Ms. McMahon leverages her extensive background in advocacy communications to advance The Bail Project's mission of eliminating cash bail. Ms. McMahon brings specialized expertise in message development, media relations, and strategic communications. Before joining The Bail Project, Ms. McMahon orchestrated and supported high-impact advocacy campaigns at RALLY, an advocacy and communications firm, where she developed breakthrough communication strategies for influential organizations including Arnold Ventures, March for Our Lives, National Network of Abortion Funds, and the California Department of Public Health. She received her B.A. in Politics from Oberlin College.

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