SJC Exchange Library

Hi all,

I hope your week is off to a great start, and apologies in advance for cross-posts!

I'm excited to share that today, The Bail Project released "Detention by Design: The Constitutional Crossroads of Pretrial Justice," a new report that maps a dangerous shift in the pretrial landscape. 

As many of you know, across the country, states are quietly rewriting their state constitutions to expand preventative detention and cash bail. In fact, between 2021 and 2025, over a quarter of states with a constitutional right to bail proposed or passed amendments that broaden the path to pretrial jailings.

We developed "Detention by Design" to serve as a strategic roadmap for advocates to identify, deconstruct, and confront these shifts before they become law. Inside, you'll find:

• Historical context tracing how the right to bail has evolved, and eroded, over time;

• A three-part framework for evaluating bail amendments: detention eligibility, guardrails, and due process;

• State case studies, from New Jersey to Texas, showing how amendment trends play out in practice; and

• Strategic guidance for shaping future amendments and defending pretrial liberty.

Our goal is to ensure that as these constitutional amendments emerge, advocates have the tools to pull back the curtain, demand meaningful protections - and ultimately leverage this trend to advance pretrial liberty and justice.

You can read and download the full report here: "Detention by Design: The Constitutional Crossroads of Pretrial Justice," 

I'd love to hear your feedback on the report, and if you're interested in a briefing on the report's findings or want to discuss the specific implications for your state's landscape, please let me know!

Thanks,

Jeremy

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Jeremy Cherson
Director of Communications
The Bail Project
Los Angeles, CA