Considerations for Jurisdictions Seeking Pretrial Reform

As part of the criminal justice system, the pretrial system is set up to ensure individuals appear in court to maintain public safety and maximize pretrial release. But over the last few decades, a more punitive approach to pretrial justice has evolved, in which jailing individuals who haven't been convicted of a crime has become the norm in many jurisdictions. In many cases, individuals remain in jail pretrial simply because they cannot afford the cash bail set in their case. As a result, people with low incomes, unable to pay for their freedom, are more likely to suffer the consequences of pretrial detention, including major disruptions to work and family life, regardless of their likelihood of returning to court or the risk they pose to public safety. To combat the rise in jail populations and to make pretrial practices more equitable, jurisdictions across the country are seeking to reform their pretrial systems.