Overcrowded jails and an overburdened criminal justice system are a problem in nearly every state. Legislators are looking for answers on how to deal with large jail populations and high crime rates. Many have touted the praises of bail reform, citing it as the primary problem. Unfortunately, studies have shown that bail has little to do with these issues. The alternative hardly fixes the problem and instead creates additional burdens particularly on taxpayers.
Pretrial release sounds great on paper. Instead of having people awaiting trial post bail to be released from jail, pretrial release favors court monitored release without bail. This can be done through electronic monitoring, drug testing and counseling. The problem is that the conditions set in a monitored release may be as arduous as those required if the person entered a plea of guilty to the crime that they await trial for.
Additionally, the burden for monitoring people released on court monitoring now shifts to the court or probation department. An overburdened court is not aided by additional requirements. Taxpayer money is not only spent on monitoring the individual but also on finding the person if they fail to appear. It has been proven that bail is an effective means to ensure a person’s appearance at future court appearances. Bail bondsmen absorb the burden of finding a fugitive who they have posted a bond on behalf of.
Pretrial release can also negatively impact the defendant. If conditions of the release are not met, it can affect a judge’s ruling in their case. By agreeing to conditional release, the person’s freedom can be greatly affected. They may be monitored at all times as if guilty of a crime they have yet to be convicted of. Failure to comply with the terms can lead to incarceration.
There is no one-size-fits-all solution for a biased criminal justice system. Eliminating bail or favoring bail reform overlooks the bigger issue and in turn creates new issues for the defendants and the public at-large.