Putting a price on prisoner release: The history of bail and a possible future of parole

Abstract

In this article, we argue that the history of bail foretells the future of parole. Under a plan called the Conditional Post-Conviction Release Bond Act (recently passed into law in three states), US prisoners can secure early release only after posting ‘post-conviction bail’. As with pre-trial bail, the fledgling model would require prisoners to pay a percentage of the bail amount to secure their release under the contractual responsibility of a commercial bail agency. If release conditions are breached, bounty hunters are legally empowered to seize and return the parolee to prison. Our inquiry outlines the origins of this post-conviction bond plan and the research upon which it is based. Drawing on the ‘new penology’ framework, we identify several underlying factors that make for a ripe advocacy environment and set the stage for widespread state-level adoption of this plan in the near future. Post-conviction bail fits squarely within the growing policy trends toward privatization, managerialism, and actuarial justice. Most importantly, though, advocates have the benefit of precedent on their side, as most US states have long relied on a system of commercial bail bonding and private bounty hunting to manage conditional pretrial release.