EXPLAINER - Navigating Bail Reform from the Prosecutor Perspective Background

EXPLAINER Navigating Bail Reform from the Prosecutor Perspective May 2024 Background In an unprecedented convening by the R Street Institute, 13 prosecutors from across the political spectrum and diverse geographical regions engaged in candid conversation about challenges surrounding the bail system, efforts to change it, and its future trajectory. [...] There is consensus on the following principles: Improving the Bail System • Actively engage in discussions regarding pretrial changes and effective implementation • Assess both flight and safety risk (with an emphasis on safety) when making pretrial release decisions • Aim to do no harm: Minimize negative impacts on community safety as well as individuals impacted by the justice system • Access to. [...] Requires sufficient safeguards to carve out individuals who pose a flight or safety risk R Street Explainer—Navigating Bail Reform from the Prosecutor Perspective www.rstreet.org—2 EXPLAINER Navigating Bail Reform from the Prosecutor Perspective May 2024 Critical Bail Prosecutors highlighted the unintended consequences of reform efforts in which policymakers fail Reform to pose the right questions. [...] The following questions are critical to Questions address in bail reform discussions: • Are adequate systems and services established and funded to provide viable alternatives to detention? • Will the change cause additional time or use additional resources for the prosecutor, defense, courts, or other key stakeholders? If so, how will this be paid for and/or how will the additional time required. [...] Further • Navigating Bail Reform in America: A State-by-State Overview Resources • Tools for Safe and Smart Bail System Changes on Bail • Bail Reform Across the U.