My new paper is titled, Changing Bail Laws, and you can find it here.
It again answers the question, "If we change, to what do we change?," and is designed to be used along with my earlier paper, Model Bail Laws. It's shorter, though, so it simply raises the issues, and only solves the ones I thought were most important (like the need for a charge-based detention eligibility net). The longer paper is still helpful, and can be thought of as a template to show states the kind of detail work necessary to answer all the questions and to justify pretrial detention provisions. It is my model. States can come up with a different model, but I expect them to justify it to the same extent.
I have had several people ask me what they should change in order to accomplish a moneyless system of pretrial release and detention. This paper is my answer.
If I say to you, "California's SB10 created a detention eligibility net outside of its constitutional boundaries and a further limiting process that is subjective, resource-driven, and ineffective," and you don't know what I'm talking about, then please read these two papers. This, in my opinion, is the future of the field.
