Pretrial Detention in Shelby County, Tennessee

The Center for Community Research and Evaluation (CCRE) is conducting an ongoing evaluation on the Standing Bail Order in Shelby County, Tennessee. The project, supported by Arnold Ventures, encompasses two components. First, we are supporting Shelby County with their reporting obligations under the Standing Bail Order, and the bail/bond system broadly, to the County Commission. Second, we are conducting a rigorous statistical study, using a regression discontinuity design, to assess the public policy and public safety impacts of the Standing Bail Order.

What is the Standing Bail Order?

The Standing Bail Order is an order of Shelby County General Sessions Court adopted on August 15, 2022, in tandem with a Shelby County Commission resolution passed one week prior. The Order created a bail hearing courtroom, required individualized bail hearings with counsel no later than three days after arrest for defendants held in custody on unaffordable bail following initial bail setting, required the examination of a defendant’s financial circumstances prior to any decision, added court reminders, and imposed secured money bail only as a last resort. These new procedures are intended to increase the fairness of the bail process by reducing the extent to which individuals are incarcerated solely due to their financial status, increasing defendants’ access to timely bail hearings, and ensuring that constitutional protections are provided to defendants with fidelity.

How can I read CCRE's reports pertaining to this project?

Our first report was presented to the Shelby County Commission on September 4, 2024 by the project's Principal Investigator, Dr. Jonathan Bennett. This report is available here.

We are also working on the rigorous statistical study, as well as the next report to the County Commission. The updated report will leverage Criminal Court data and include additional findings. We expect to complete our next deliverable in early 2025.