Inside Bail Reform

Six Core Components of Safe, Fair, and Effective Pretrial Policy

Across the United States, states and localities have taken significant steps to create safer, fairer pretrial systems through policies broadly termed “bail reform” – newly referred to by opponents as “cashless bail” policies. In the face of political attacks and misinformation, it’s more important than ever to understand what these reforms truly look like.

Our new explainer, “Inside Bail Reform: Six Core Components of Safe, Fair, and Effective Pretrial Policy,” demystifies the term “bail reform” and outlines the components of effective pretrial policies that The Bail Project advocates for, and that we’ve seen implemented with success across the country.

“Inside Bail Reform” outlines the six essential components of strong, effective, and fair bail policy:

• Eliminating Cash Bail: The core of good reform is ending the practice of requiring money for pretrial release. In a reformed system, no one is jailed simply because the price of their freedom is out of reach. Decisions are based on safety, not wealth.
• Clear Release and Detention Guidelines: To replace money, states must adopt clear guidelines, built on a presumption of release. Detention should be the exception, not the rule, and only used when there is clear and convincing evidence that it is necessary.
• Fair and Effective Conditions of Release: Conditions should always be affordable, accessible, and the least restrictive necessary. This means prioritizing voluntary, needs-based services like treatment or housing support, not punitive and costly electronic monitoring.
• Strengthening Due Process: Good reform strengthens legal rights for all. This includes ensuring people have the right to counsel at their very first court appearance, timely and substantive hearings (within 24 hours), a right to a speedy trial, and graduated sanctions.
• Court Return Supports: Most people who miss court are not fleeing; they face challenges like transportation, childcare, or work. Simple, low-cost solutions like text reminders and transportation assistance are proven to help people succeed.
• Collecting and Analyzing Data: Real reform depends on transparency. We must collect and publicly report data on pretrial practices to measure success, identify areas for improvement, and ensure the system is both safe and effective.

The data clearly shows that jurisdictions with reforms are not only safe, but many have seen significant drops in crime. Fearmongering about bail reform is a distraction from the facts.

Get the facts about real bail reform by reading “Inside Bail Reform.”