Gross: Bail Reform in Rural Communities
In Pretrial Justice in Out-of-the-Way Places – Including Rural Communities in the Bail Reform Conversation, Jordan Gross (Idaho College of Law) addresses bail reform movements and advocates for the implementation of varied approaches best suited to each jurisdiction’s “constitutional limitations” as well as the individual resources of each community. The author presents a high-level view of bail reform strategies followed by a state-specific inquiry into the bail reform tools implemented by rural communities in Montana.
Gross points out that in local and county facilities, two-thirds of detainees are pretrial detainees rather than convicted detainees. In urban and suburban areas, bail reform initiatives have sought “silver bullet” approaches to promote a decrease in pretrial detainees. By contrast, Gross suggests that successful bail reform initiatives in rural communities must be varied based on each community’s unique characteristics and resources. This is particularly important because of the varying state-level constitutional provisions regarding the right to bail, which impedes federal-level bail reform.
Six methods of bail reform are presented for potential implementation: citations rather than arrest for minor offenses, time limits for pretrial detention, appointed counsel at pretrial hearings, risk determination assessments, review of financial conditions of defendants, and limiting restrictive financial conditions of release. The author then conducts an inquiry into the use of pre-trial risk determination assessments by participating rural trial court judges in Montana, noting that these judges may have a greater personal relationship with or understanding of particular defendants due to the close-knit nature of rural communities. This inquiry results in a determination that risk assessments need to be state-specific to take into account varying demographics and that judges need increased access to and understanding of these tools.
Ultimately, Gross emphasizes the importance of recognizing that there is no one “silver-bullet” approach to bail reform. The author provides suggestions for future bail reform both in the state of Montana and in other states, focusing on tailored approaches that consider the unique demographics of rural areas and the varying state constitutional bail provisions.
