Pretrial Release

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State legislatures consider and enact laws that address all aspects of pretrial release, including release eligibility, conditions of release, bail, commercial bail bonding, and pretrial diversion. These legislative policies have an important role in providing for fair, efficient and safe pretrial practices carried out by law enforcement and the courts.  There were nearly three-quarters of a million individuals in jail at midyear 2011, according to the Bureau of Justice Statistics, and 61 percent of those were pretrial, that is awaiting court action on a current charge.  Many people who have been arrested and charged with a crime are eligible for release prior to trial, often with conditions set to ensure their return for court appearance.

State interest is growing in how to make pretrial release more safe, effective and cost effective.  In 2012, 40 states considered 395 bills or resolutions related to pretrial release, and of those there were 114 enactments in 33 states.
 

New Resources

NCSL’s 2013 pretrial legislation update, March 2013.  

NCSL’s 2013 collection of pretrial release laws contains summaries and charted information on various pretrial policies.

NCSL's 2012 Pretrial Release Legislation Overview highlights legislative interests and actions, including eligibility for release, release options and commercial bail.