• Home
  • About AIA
    • About AIA
    • AIA’s Executive Team
    • Agent Testimonials
  • News
    • Bail Bond Blog
    • Recent Bail Articles
  • Bail Bond Resources
    • Become an AIA Bail Bond Agent
    • Bail Bond FAQs
    • Bail Research Library
    • State by State Bail Directory
    • Upcoming State Association Meetings and Events
  • Other Bonds
  • Contact

Bail Reform

You are here: Home / PART 3: What Real Reform Looks Like in the Constitutional Crisis

PART 3: What Real Reform Looks Like in the Constitutional Crisis

September 29, 2026Posted by Eric Granofin Bail Reform, News

PART 3: What Real Reform Looks Like in the Constitutional Crisis

What’s needed are real reforms that actually solve the problem

bail reformIn part three of our three-part article series, The Constitutional Crisis No One is Talking About provides some much-needed recommendations on how to address the problem. A serious response to the last decade would look past the slogan fight of “end cash bail” versus “lock them all up” and ask three operational questions.

Who is responsible after release? Release on recognizance is enough for many defendants. Others need reminders, a ride, or a treatment referral. Others need a human being who has accepted an obligation. Federal law already contemplates release into the custody of a designated person. State systems should recover that idea instead of assuming that only a pretrial agency or a jailer can be in charge. Money posted by a defendant is not the same thing as a third party voluntarily standing behind appearance. Conflating the two was a conceptual error on both sides of the old debate.

How fast does the case move? Appearance problems compound with delay. So do victim fear and witness loss. If a jurisdiction cannot try a serious felony in a reasonable time, expanding pretrial detention will produce warehouse justice. Speedy-trial rules with teeth, limits on continuances, charging discipline, and enough courtrooms are less theatrical than a constitutional amendment. They are the actual machinery of public safety.

What do the outcomes show? Count more than whether someone missed a date. Count how quickly they returned, whether return was voluntary or by warrant, how often technical violations produced new incarceration, what each model costs, and whether families and victims were better off. Some studies of release mechanisms disagree because they measure different things. That is a reason to gather better data, not a reason to etch detention into the constitution.

Opening the courthouse door matters. So does making sure the person can come back through it when the court requires it, without turning the entire pretrial period into either a void or a cell. The last decade proved that unaccountable release and glacial case processing are incompatible with public safety. The next decade will not be improved by writing a broader power of preventive detention into state constitutions and calling the problem solved.

Measure whether people are released fairly, return, finish their cases, stay connected to work and family, and keep as much liberty as the facts allow. That is a harder program than a ballot title. It is also the one that matches the failure in front of us.


The Constitutional Crisis No One Is Talking About

  • Part 1: Preventive detention is not the answer to a decade of unaccountable release
  • Part 2: The Constitutional Crisis No One is Talking About
  • Part 3: What Real Reform Looks Like in the Constitutional Crisis
Tags: aia, aia surety, bail agent, Bail bonds, Bail Reform, Criminal Justice Reform, Pretrial Detention, pretrial release, preventive detention, right to bail
Share in social networks
Subscribe
Notify of
guest

guest

0 Comments
Recent
Popular
Understanding Bail Reform Research and Propaganda: Part 1
Understanding Bail Reform Research and Propaganda: Part 1

Understanding Bail Reform Research and Propaganda (Part 1 of 4):…

Understanding Bail Reform Research and Propaganda: Part 3
Understanding Bail Reform Research and Propaganda: Part 3

Understanding Bail Reform Research and Propaganda (Part 3 of 4):…

Understanding Bail Reform Research and Propaganda: Part 2
Understanding Bail Reform Research and Propaganda: Part 2

Understanding Bail Reform Research and Propaganda (Part 2 of 4):…

Risk Assessments Are Not OK for Oklahoma
Risk Assessments Are Not OK for Oklahoma

Risk Assessments Are Not OK for Oklahoma There has been…

The Purposeful and Confusing Language of the Bail Reform Movement: Bail Is Not Bond
The Purposeful and Confusing Language of the Bail Reform Movement: Bail Is Not Bond

The Purposeful and Confusing Language of the Bail Reform Movement:…

Criminal Justice Policy Across America for Sale to the Highest Bidder
Criminal Justice Policy Across America for Sale to the Highest Bidder

Criminal Justice Policy Across America for Sale to the Highest…

Contact Us

1 Baxter Way, Suite 130, Westlake Village, CA 91362

(800) 935-2245

E-Mail: [email protected]

Twitter: https://twitter.com/BailInsights

Recent Blog Posts

Risk Assessments Are Not OK for Oklahoma
Risk Assessments Are Not OK for Oklahoma
November 02,2026 - 1:29 pm

© Copyright 2005-2026 AIA Surety All Rights Reserved | 800.935.2245

  • About AIA
  • Bail Resources
  • Contact
  • Privacy Policy and Security
  • Accessibility
wpDiscuz
0
0
Would love your thoughts, please comment.x
()
x
| Reply
Skip to content
Open toolbar Accessibility

Accessibility

  • Increase TextIncrease Text
  • Decrease TextDecrease Text
  • GrayscaleGrayscale
  • High ContrastHigh Contrast
  • Negative ContrastNegative Contrast
  • Light BackgroundLight Background
  • Links UnderlineLinks Underline
  • Readable FontReadable Font
  • Reset Reset
  • HelpHelp