{"id":12684,"date":"2026-01-21T12:28:31","date_gmt":"2026-01-21T20:28:31","guid":{"rendered":"https:\/\/www.aiasurety.com\/bail\/?p=12684"},"modified":"2026-01-30T08:15:27","modified_gmt":"2026-01-30T16:15:27","slug":"bail-reform-in-guam-does-free-release-and-cashless-bail-really-work-examining-pretrial-release-claims","status":"publish","type":"post","link":"https:\/\/www.aiasurety.com\/bail\/bail-reform-in-guam-does-free-release-and-cashless-bail-really-work-examining-pretrial-release-claims\/","title":{"rendered":"Bail Reform in Guam: Does “Free Release” and Cashless Bail Really Work?"},"content":{"rendered":"

Bail Reform in Guam: Does “Free Release” and Cashless Bail Really Work? Examining Pretrial Release Claims<\/strong><\/span><\/h1>\n

In my over 20 years in the bail profession, one lesson stands out: when advocates push bail reform, listen closely to what they say\u2014and even more importantly what they don\u2019t say. Recent claims from Guam’s Chief Justice about the success of pretrial release programs<\/a> highlight this perfectly. Touted as evidence that cashless bail<\/a>\u00a0and unsupervised release works and makes communities safer, these claims deserve scrutiny.<\/p>\n

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.<\/p>\n

What the Chief Justice Said About Pretrial Release Success<\/strong><\/span><\/h2>\n

\"cashlessIn 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.<\/p>\n

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.<\/p>\n

The Overlooked 8%: Victims Created by Pretrial Release Failures<\/strong><\/p>\n

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?\u00a0 They create new victims\u2014through property crimes, theft, or other offenses\u2014not 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.<\/p>\n

Ignoring Failure to Appear (FTA) Rates in Cashless Bail Systems<\/strong><\/span><\/h2>\n

The Chief Justice shifted emphasis away from failure to appear violations, focusing only on reoffending. Why? FTA rates are central to pretrial release\u2014defendants 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.<\/p>\n

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?”<\/p>\n

Missing court erodes justice for victims and the system. Dismissing FTAs as minor undermines transparent bail reform evaluations.<\/p>\n

Guam’s Crime Reality: Beyond Pretrial Release Statistics<\/strong><\/span><\/h2>\n

Independent reports paint a different picture than the Chief Justice’s claims:<\/p>\n