Follow the data. Two new reports are providing insights into how state-level reforms are working. A report from Loyola Chicago Center for Criminal Justice notes that after Illinois implemented the Pretrial Fairness Act, rates of pretrial incarceration and pretrial jail populations have fallen, while crime did not increase. Meanwhile, the Virginia Criminal Sentencing Commission, home to the Virginia Pretrial Data Project, reports that the removal of presumptions against bail increased pretrial release rates with minimal impacts on failure to appear and new arrests.

Defense crisis continues. The ACLU of Maine reports that the number of people facing criminal charges without legal representation continues to go up. In 2022, the advocacy group sued the state for failure to provide effective assistance of counsel, but from 2023 to 2024, the number of people denied the right to an attorney increased more than six-fold. The ACLU of Washington, meanwhile, has also filed a lawsuit against Yakima County for failing to appoint counsel to people with criminal charges; a public defender shortage stemming back to 2022 means that some people are waiting in jail for over a month while waiting for an attorney.

The war against bail funds continues. Fair and Just Prosecution has announced that thirty-nine prosecutors and justice leaders have filed an amicus brief in Barred Business v. Kemp, a case challenging Georgia’s new law placing restrictions on who may post bail and criminalizing charitable bail payments. The brief urges the federal appeals court to uphold a lower court’s injunction against the law taking effect. On the federal level, the US House of Representatives passed HR 8205, which contains a provision that would subject charitable bail organizations to penalties for fraud under federal insurance law. The bill has been referred to the Senate Judiciary Committee.

Making the poor, poorer. A study of the impact of automatic convictions prompted by a failure to appear in low-level traffic cases found that the FTA causes a 60% increase in the fines and fees paid - an average of $80. The researchers call for a deeper look at the financial impact on the handling of FTAs, which leave low-income people vulnerable to greater financial instability.

Or you could just not do that. Stand for Children Tennessee and the Official Black Lives Matter Memphis chapter have filed an amicus brief in support of a federal lawsuit contesting a new law that prohibits judges from considering a person’s ability to pay when setting bail. In New York, the Legal Aid Society has filed a lawsuit challenging the police department’s relatively new policy of handcuffing all people (including children) during their arraignment, even when those people will not be handcuffed when the proceeding ends or at a later court proceeding. The suit argues that the handcuffing policy undermines the presumption of innocence and is a violation of due process rights.

These guys get it. A Harris County Justice of the Peace has recalled thousands of Class C misdemeanor arrest warrants on his docket, questioning both the Constitutionality of the process and the wisdom of spending valuable resources to arrest and transport people with minor charges. The recall does not dismiss charges. In Maryland, Governor Wes Moore has appointed Yvonne Briley-Wilson as the state’s first acting correctional ombudsman of the Office of Correctional Ombudsman. This office will provide independent oversight and investigation of adult and juvenile facilities, including jails.