Cash bail significantly impacts pretrial detention outcomes, disproportionately affecting economically disadvantaged and racially marginalized populations. High bail amounts substantially decrease pretrial release rates, often exacerbating racial disparities. The consequences of pretrial detention are severe, including increased conviction rates, harsher sentencing, and lasting employment difficulties. Given these concerns, states have considered reforms such as standardized bail schedules to improve equity and effectiveness in pretrial decision-making.

Florida’s House Bill 1627, effective January 1, 2024, introduced a standardized statewide bail schedule for misdemeanors and non-violent third-degree felonies. Judges retain discretion at first appearance hearings, but the law mandates monetary bail for designated serious offenses. This reform provides a unique opportunity to empirically investigate its impact on detention rates and racial disparities in pretrial detention.

QSIDE is using this new law as a case study to empirically investigate how judicial discretion influences pretrial detention and recidivism rates, and if those effects will exacerbate already present disparities within our criminal-legal system. By systematically assessing the impact of standardized bail schedules, this research will inform policymakers and judicial stakeholders aiming to reduce unnecessary pretrial detention and mitigate racial disparities.

This grant was funded by the generous support of Arnold Ventures as part of their effort to expand the scope and scale of criminal justice research—ensuring that potentially promising ways to improve public safety and community well-being are not being missed.