Given the public’s increasing demands for real change to the criminal justice system, we’ve updated and expanded our annual guide for state legislators to reforms that we think are ripe for victory. We’ve curated this list to offer policymakers and advocates straightforward solutions that would have the greatest impacts without further investments in the carceral system. We have focused especially on those reforms that would reduce the number of people needlessly confined in prisons and jails — a systemic problem made even more urgent by the COVID-19 pandemic.

Readers should also note that we made a conscious choice to not include critical reforms that are unique to just a few states, nor important reforms for which we don’t yet have enough useful resources that would make sense in most states.

Problem: Many people who face criminal charges are unnecessarily detained before trial. Often the sole criteria for release is access to money for bail. This puts pressure on defendants to accept plea bargains, even when they are innocent, since even a few days in jail can destabilize their lives: they can lose their apartment, job, and even custody of children. Pretrial detention also leads to jail overcrowding, which means more dangerous conditions for people in jail, and also drives sheriffs’ demands for more and bigger jails — wasting taxpayer dollars on more unnecessary incarceration.

Solutions: States are addressing this problem with a variety of approaches, including bail reforms that end or severely restrict the use of money bail, establishing the presumption of pretrial release for all cases with conditions only when necessary, and offering pretrial services such as postcard or phone reminders to appear in court, transportation and childcare assistance for court appearances, and referrals to drug treatment, mental health services, and other needed social services.

Read the full article about criminal justice reform by Wendy Sawyer and Peter Wagner at Prison Policy Initiative.