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Minnesota's criminal legal system is at a crossroads. For years, community members have raised alarms about our pretrial practices — the ways people are treated in the earliest stages of court cases, when bail decisions determine whether they are released or await trial in jail. In 2023, the Minnesota Legislature tasked the Minnesota Justice Research Center (MNJRC) with studying the issue and producing recommendations for policy change. After 18 months of rigorous research, we've presented the Legislature with a comprehensive, community-centered plan for redesigning Minnesota's pretrial system toward safety, liberty and equity. (See tinyurl.com/mnjrc-pretrial for the full report, and "Report to Legislature: Minn. should end cash bail," Feb. 23, for news coverage of the issue.)

Our solution-focused team led extensive listening sessions; interviewed judges, prosecutors, defense attorneys and others who work in Minnesota's criminal legal system; spoke to experts across the country, and conducted site visits in states that have implemented innovative and effective approaches to pretrial justice. We identified promising, evidence-based changes to address the biggest problems in Minnesota's pretrial system.

More than 56% of people in Minnesota jails are held pretrial. They are locked up because they have been charged with — but not yet convicted of — a crime. One of the main reasons people remain behind bars is because they can't afford to pay cash bail. Minnesota law says that judges must offer bail to accused people. Judges can set a higher bail based on safety or flight risk concerns, but if the defendant is wealthy, they can buy their freedom. Meanwhile, those without money, no matter how low-risk, often remain incarcerated. If they resort to using a bail bond company, they are charged hundreds or thousands of dollars in fees. Typically, defendants' family members pay this money — and since many are poor, the financial hit can leave them unable to afford rent or other necessities. In this way, the harms of cash bail move outward, impacting not only individual defendants but their families and communities.

Bail hearings typically last only a few minutes. Still, the judge's decisions are immensely consequential. In community listening sessions, Minnesotans who have experienced pretrial detention told stories about losing jobs, housing, cars, savings, pets, student financial aid, public benefits and more. They spoke about dehumanizing jail conditions. And they told us that desperation to end their detention often forced them to take plea deals, even when innocent. These harms are not felt equally; Black and Indigenous Minnesotans are overrepresented in Minnesota's pretrial population.

Victims, too, are negatively impacted. They told our team that they struggle to navigate, let alone have their voices heard in the pretrial process. Judges, prosecutors and others in the legal system were troubled by these issues and raised additional concerns about the underlying problems that bring people into contact with the system in the first place, including mental health challenges, substance use and homelessness.

From our work, it's clear that we must prioritize supportive services and use pretrial detention only after careful consideration of all possible alternatives. The MNJRC's recommendations offer detailed plans.

We propose implementing an "intentional release/detain system" that does not use cash bail. Only people accused of certain serious crimes would be eligible for pretrial detention. Before ordering detention, judges would have to determine that a defendant presents a high risk of fleeing justice or committing a new, serious crime, and that detention is the only way to mitigate those risks. Defendants would be guaranteed counsel at bail hearings, and procedural reforms would ensure judges have enough case information to make careful detention decisions.

We further recommend that victims/survivors receive timely updates regarding release and detention decisions, plea agreements and other critical developments in their cases, and that the Legislature fund wraparound services for victims/survivors.

Finally, we propose the establishment of statewide Pretrial Service Organizations (PSOs). These organizations help courts make evidence-based decisions about pretrial release, support defendants through the pretrial process and connect accused people with voluntary support services. PSOs help individuals stay connected to their communities and help break the cycle of involvement in the criminal legal system.

The MNJRC's report presents Minnesota with an enormous opportunity. Together, we can transform a broken and unequal pretrial system into one that serves all of our communities.

The authors work with the Minnesota Justice Research Center. Anna Hall is project manager and research co-lead for pretrial best practices, Justin Terrell is executive director, and Joshua Page is a member of the research steering committee.