Bail Reform in Guam: Does “Free Release” and Cashless Bail Really Work? Examining Pretrial Release Claims

In my over 20 years in the bail profession, one lesson stands out: when advocates push bail reform, listen closely to what they say—and even more importantly what they don’t say. Recent claims from Guam’s Chief Justice about the success of pretrial release programs highlight this perfectly. Touted as evidence that cashless bail and unsupervised release works and makes communities safer, these claims deserve scrutiny.

Guam, a U.S. territory with a population of about 169,000 (per the 2024 census), is no microcosm of mainland America. Yet its pretrial release data is being cited as proof in national bail reform debates.

What the Chief Justice Said About Pretrial Release Success

In a recent speech, the Chief Justice praised Guam’s taxpayer-funded pretrial services agencies. He highlighted that 92% of defendants released pretrial did not reoffend, and of the remaining 8%, 98% were not rearrested for violent crimes. This paints a rosy picture of cashless bail and pretrial release in action.

But here’s the key: the focus stays narrowly on non-reoffending rates while glossing over important issues like defendants failing to appear and the re-victimization of victims caused by lack of appearance.

The Overlooked 8%: Victims Created by Pretrial Release Failures

Bail reform proponents often emphasize low re-offense rates, but as mentioned previously, every failure matters. Because with every failure, a victim misses out on justice. And the 8% who reoffend?  They create new victims—through property crimes, theft, or other offenses—not just violence. Victims aren’t “collateral damage” in the pursuit of a criminal justice “utopia.” Pretrial release without adequate supervision risks public safety, yet true victim impacts are rarely featured in bail reform discussions.

Ignoring Failure to Appear (FTA) Rates in Cashless Bail Systems

The Chief Justice shifted emphasis away from failure to appear violations, focusing only on reoffending. Why? FTA rates are central to pretrial release—defendants are released on their promise to appear. Judges already weigh re-offense risk when setting bail or conditions. Downplaying FTAs misleads about cashless bail effectiveness.

As the Chief Justice noted: “If someone missed one day because they didn’t have a ride, that’s going to show up in the (OAG’s) report, saying, ‘See, there’s this violation,’ but really, does that mean that our island’s not safer?”

Missing court erodes justice for victims and the system. Dismissing FTAs as minor undermines transparent bail reform evaluations.

Guam’s Crime Reality: Beyond Pretrial Release Statistics

Independent reports paint a different picture than the Chief Justice’s claims:

• Two high-profile murders in 2024 targeted tourists in random acts linked to methamphetamine use (Pacific Island Times, 2024).
• Property crime rates on Guam are 13.5% higher than the U.S. average (based on available safety data comparisons).
• Analyses of Guam’s “Catch, Release & Reoffend” reports to lawmakers reveal flaws, including inaccurate data on who was in or out of custody, plus rising probation violations.

These issues—often tied to repeat offenders on pretrial release—go unmentioned in pro-bail reform speeches. Accurate data is essential for evaluating cashless bail impacts.

Why Bail Reform Activists Omit Key Details

Bail reform and cashless bail advocates highlight positive stats while downplaying failures, FTAs, victim impacts, and broader crime trends. This selective framing misleads policymakers and the public about whether pretrial release programs truly enhance safety.  Additionally, many bail reform advocates not only leave important data out of their discussions, but they also use flawed data.  Michael Morrison, President of the Mississippi Bail Agents Association, wrote a recent article talking about this use of flawed bail reform data.

In Guam and beyond, bail reform should prioritize transparency, victim rights, and public safety—not just low re-offense percentages. Relying on incomplete narratives risks more victims in the name of reform.

What do you think about bail reform, pretrial release, and cashless bail? Share your views in the comments—true reform requires honest discussion of all facts.

Author: Eric Granof, Vice President, Corporate Communications