
Legislators and their staff can drive pretrial advancement by creating a legal framework that leads to fair, just, and effective pretrial decisions. In recent years, Illinois and New Jersey have adopted constitutional and statutory frameworks that establish an intentional system of release and detention, protect constitutional rights, and enhance community safety and well-being–all without using financial release conditions. These new laws have replaced a system (still in effect in most states) where the prevalence of money bonds results in many people being detained simply because they are poor, and others being able to pay their way out of jail, despite posing risks to community safety. In designing and adopting new laws, legislators should be guided by American legal principles, research, and data; and they should engage a broad range of both system and community stakeholders. |
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