Clinical Professor of Law Richard S. Kling recently discussed the impact of the Pretrial Fairness Act, also known as the Bail Reform Act, which was enacted by the legislature last year. The act specifies certain offenses as detainable, such as murder and domestic violence. Judges must determine the least restrictive conditions for releasing individuals who are not considered detainable.
Professor Kling noted that initial perceptions of the act suggested it would release many individuals who should remain detained. However, he explained that significant changes have occurred since its implementation. Previously, those charged with major offenses could post bail if they could afford it, but now bail is no longer an option.
"In terms of bail reform and how it's worked, I think it's worked phenomenally well," said Kling. He emphasized that concerns about inappropriate releases have not materialized and that more individuals charged with serious crimes are being detained than before.
"Realistically, again, the fears were it's going to let all sorts of people out who shouldn't be out and it's going to keep people in who shouldn't be in," Kling stated. "It's been exactly the reverse."
Kling concluded by highlighting a key outcome: "Bottom line is that more people who were previously being let out on serious crimes are kept in."