Many pretrial systems today are not working as they should. An honest examination of the status quo highlights the challenges posed by siloed systems, systemic racism, outdated and ineffective practices, the default use of financial conditions of release, and more.
However, many states have begun the critical work of making systemic and sustainable changes that provide a better framework for enhancing community safety and well-being, addressing racial disparities, and upholding constitutional rights.
Illinois
Illinois’s reform is comprehensive and systemwide. In September 2023, Illinois implemented the Pretrial Fairness Act (PFA) and became the first state to do away with financial conditions of release completely. Now, detention is determined by safety-based standards for people charged with serious or violent crimes. Researchers will collect data to monitor the law’s impact and regularly release their findings.
Illinois Pretrial Fairness Act Resources
Illinois Pretrial Reform (PDF)
(Arnold Ventures)
New Jersey
In 2017, New Jersey implemented comprehensive, systemic reforms, including the institution of intentional detention hearings and the near-elimination of money bonds. Today, the state detains fewer people than before improvements went into effect, and the vast majority of people are successful while on pretrial release. The state’s data collection and transparency is unprecedented in the country.
New Jersey Bail Reform Fact Sheet (PDF)
(Arnold Ventures)
New Mexico
New Mexico’s legal reform began in 2016 when voters overwhelmingly approved a constitutional amendment to eliminate wealth-based detention. Today, the state uses a legal framework that allows judges to purposefully and transparently detain people charged with felonies who pose an unmanageable risk if released. The state is also implementing pretrial services programs statewide to promote successful pretrial outcomes and provide decision makers with critical information.
