Michigan lawmakers are considering a historic bipartisan package of pretrial reforms aimed at transforming the state’s criminal justice system by reducing wealth-based detention, strengthening due process, and ensuring fairer pretrial decision-making.
On Tuesday, the House Criminal Justice Committee heard testimony on the bills — 4655-4656 and 4658-4661 — which, if passed, would bring sweeping changes to pretrial practices across Michigan.
Advocates and officials — including The Bail Project, community activists, state representatives, 36th District Chief Judge William McConico, and Ottawa County public defenders — emphasized the need for the reforms to ensure equal justice and prevent unnecessary detention of those who pose no risk to public safety but lack the funds to secure release.
The proposed bills tackle Michigan’s long-standing reliance on cash bail, which has led to thousands of low-level, nonviolent defendants languishing in jail simply because they cannot afford bail.
In an average day, Michigan jails hold more than 16,000 people who have not yet been convicted of a crime, according to The Bail Project, a national nonprofit that provides free bail assistance and pretrial support to thousands of low-income people every year, while advancing policy change at the local, state, and national level.
“The full passage of these bills is an opportunity for Michigan to lead the Midwest and the nation towards a more perfect criminal justice system,” The Bill Project said in a statement Tuesday. “These bipartisan bills offer an opportunity to move Michigan’s justice system forward, shifting away from a model where wealth acts as a proxy for safety, creating a two-tiered system — one for those with money, and another for everyone else.”
It continued, “Michiganders deserve a more fair and effective pretrial system, and thankfully, the legislature now has the solution.”
The bills, if passed, would reshape how Michigan courts handle pretrial release.
HB 4655 would establish a uniform framework for pretrial decision-making. Judges would be required to release individuals charged with non-assaultive, non-violent offenses without imposing bail unless there is clear evidence of a risk to the community. The bill mandates that judges conduct assessments to determine a person’s ability to pay before setting bail and requires court reminders for defendants, reducing the chance of missed court appearances.
Under HB 4656, due process would be strengthened by mandating that judges impose only the least restrictive conditions necessary to ensure public safety. Global Positioning System (GPS) monitoring and drug testing would be limited to cases involving domestic violence or serious assault. Defendants held for more than 48 hours without release would be entitled to a hearing to reassess their bail conditions.
HB 4658 would introduce consistent standards for interim bond practices, requiring people accused of minor, non-threatening offenses to be released without money bail. For serious misdemeanors, interim bond amounts would be capped at 50% of the maximum fine.
HB 4659-4661 would update current Michigan laws to align with the proposed pretrial decision-making reforms.
The legislation has gained traction among community leaders and advocates who argue that wealth should not be a factor in determining whether someone remains in jail before trial. The proposed reforms also address concerns about due process, creating a more balanced system that would protect public safety while safeguarding the rights of the accused.
The House Criminal Justice Committee is expected to vote on the bills in the coming weeks.
While the bills have some bipartisan support, Republicans have expressed concerns with the bills.
State Rep. Graham Filler, a Republican vice chair of the House Criminal Justice Committee, said he’s worried about the bills’ impact on public safety.
“This represents a dangerous shift in how we handle public safety,” Filler said. “The people of Michigan deserve a criminal justice system that prioritizes their safety. These bills would force judges to let certain offenders walk free without bail, even if they pose a clear threat to public safety.”
Filler also took issue with limiting judicial discretion.
“We trust our judges to make decisions that keep our communities safe,” Filler said. “Handcuffing their ability to do so is not just short-sighted — it’s reckless. Michigan should learn from the mistakes of other states, not repeat them.”
