This state pretrial policy development resource provides examples of pretrial detention, release, and program-related legislation that has been introduced and enacted across all 50 states and Washington, D.C. between 2018 – 2022. Use it to learn more about policy changes related to the structure and operations of pretrial services, release setting, pretrial data reporting and research, use of pretrial assessment tools, and other important topics.
- Resources included: Links to legislation and public-facing results of legislation (e.g., task force websites and resources, research reports).
- Years: 2018 - 2022, with updates made upon submission of new information.
Don't see something you think should be included? Please contact the PJCC staff to update this inventory for your state. Simply provide the state name and the name and year of legislation to include.
This resource is not comprehensive or exhaustive. Lack of data for a specific state does not mean there is no relevant pretrial policy in that state. NCSC does not endorse any of the policies, opinions, or conclusions presented. Updates are made to this resource in an ad hoc manner.
Methodology
In early 2023, a team of NCSC researchers conducted a national scan of state pretrial legislation and policy changes introduced since 2018. Online searches were performed using keywords for each state to identify relevant legislation and legislation-related websites for inclusion in this repository. The legislation must:
- have been introduced between 2018 and 2022 at the state level (even if it was not enacted),
- impact pretrial decision points or programs, including policies or rules related to pretrial detention, release, assessment, supervision or release conditions, and pretrial data collection, and
- be publicly accessible online.
Additional pretrial topics and materials have been added over time to include legislation and related policy resources outside of the specified time frame. Topics that have been added include those related to pretrial fairness, bias, disparity, or equity; pretrial data analysis or research; pretrial task forces, committees, advisory councils, or workgroups; and state pretrial or bail reform rule changes and resources.
Data Fields
This map was designed to help locate and link to proposed and enacted legislation across the country by filtering the data for specific states, years, resource types, and topics. Links are provided to review the specific content but can change.
The data table will adjust based on the filters selected. The map will only adjust when a specific topic is selected.
STATE: All 50 states and the District of Columbia are included if data was located or submitted that meets the above criteria.
YEAR: 2018 - 2022, with additional years included on an ad hoc basis.
RESOURCE TYPE: The main resource type for this resource includes links to state legislation. However, other categories have been included and are described below.
- Legislation: Pretrial legislation introduced or enacted by the state.
- Other Policy Change (Rule/Ruling, Opinion, Order, etc): State-level policies that may include administrative orders, Supreme Court rule changes, or other policy guidance.
- Publication/Website: Links to resources that have come out of state-level policy changes.
- Statute/Code: Includes criminal code and statutory changes made in relation to enacted state legislation.
TOPIC: The topics included in this resource are not exhaustive of all pretrial issues and the content can relate to more than one area. The included content has, thus, been categorized based on whether it relates to one or more of the following topic areas:
- Advisory Boards/Committees/Task Forces
- Arrest/Summons
- Bail/Bond/Release
- Court Appearance
- Equity & Bias (interventions)
- Judges
- Policy/Practice Reform
- Pretrial Assessment
- Pretrial Service Programs
- Preventative Detention/Incarceration
- Research & Data
- Transparency
The National Conference for State Legislatures also maintains a set of databases that allows users to see laws by state on different aspects of pretrial justice.