Cash bail and pretrial compliance: Evidence from a court‐imposed policy shock

Abstract

Research SummaryWe evaluated the impact of an administrative order issued in the early days of the coronavirus disease 2019 (COVID‐19) pandemic that aimed to reduce the size of the pretrial population in Palm Beach County, FL, by reducing bond amounts for eligible felony offenses. Our findings revealed that the administrative order was successful in reducing the average bond amounts for individuals charged with eligible felonies and that these reductions corresponded to (1) increases in the likelihood of pretrial release and (2) declines in the average custody length. Furthermore, despite these changes to the odds and pace of pretrial release, we found no evidence to suggest that the administrative order negatively affected pretrial compliance, including new criminal activity and failure to appear in court.Policy ImplicationsThe COVID‐19 pandemic set in motion a range of policy changes to mitigate virus spread within correctional facilities, recognizing the vulnerabilities of correctional environments and incarcerated persons. These changes resulted in immediate reductions to jail populations. However, questions quickly emerged regarding their impacts on public safety, among other considerations. The current investigation evaluated the effect of one such COVID‐19 era policy shock on pretrial detention and misconduct. Our findings revealed that reducing bond amounts for individuals charged with eligible felonies contributed to increased rates of pretrial release and reduced detention lengths without jeopardizing either public safety or court efficiency. Consistent with other recent pretrial research, these findings suggest that by reducing our reliance on money bail, we can reduce financial barriers to release among justice‐involved populations, ease inefficiencies in the courts, and save scarce jail resources by scaling back unnecessary pretrial detention. As the pandemic recedes, evaluations of COVID‐19 era policies can help provide a framework for promising criminal justice reforms that reduce our overuse of incarceration and help contribute to a fair and impartial system.