04/27/2026 | Press release | Distributed by Public on 04/27/2026 11:37
State law is one piece of the puzzle that makes up the legal framework for pretrial release policy. NCSL's newly updated 50-state report provides an overview of how state laws govern the pretrial process for release or detention after arrest. The report covers the types of release authorized by state law, when detention is authorized by state constitutions or statutes, procedural requirements and the role that victims play throughout the pretrial process.
In the last decade, seven states have amended constitutional provisions impacting pretrial release. Many of these amendments have changed the circumstances or charges that make someone eligible for detention. Others have modified what courts may take into consideration when making pretrial determinations. As several states are currently considering constitutional changes, this resource has 50-state information on current state constitutional provisions.
In 2025, legislatures focused on expanding access to expungement and sealing of criminal records by streamlining procedures, adopting automatic record clearance and providing transparency through online portals and dashboards to track eligibility and processing timelines. Alongside statutory reforms, states appropriated significant funding for reentry services (housing, employment, health care, and peer support) and created task forces and studies to evaluate reentry outcomes, reduce recidivism, address fines and fees, and remove practical barriers such as lack of identification, debt, or occupational licensing restrictions.
Nearly every state considered legislation related to law enforcement in 2025 with more than 1,600 bills being introduced. Workforce shortages impacting law enforcement remain a concern for legislators across the country.
Second look sentencing laws are one approach states have taken to address the number of people incarcerated for long sentences. These laws provide an opportunity for the criminal justice system to reevaluate the sentence for an individual who has served a certain amount of time in prison.