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Judge: September bail-law change 'took away discretion,' increasing pretrial detentions and pressure on treatment court
Summary
Superior Court Judge Ann Edwards told Cheshire County commissioners that a September 2025 change to the state bail law raised the standard for detention to probable cause, curbed judicial discretion and has increased stays at the House of Corrections; she urged use of pretrial services and expanded continuing care after treatment-court graduation.
Judge Ann Edwards, who joined the superior court in Cheshire County in October 2024, told commissioners at their May 6 meeting that local civil cases are reaching disposition faster than in neighboring counties and that recent changes to bail law have reshaped pretrial practices.
"It took away discretion," Edwards said of the September 2025 change, adding that the statute now requires prosecutors to show by probable cause that a defendant is dangerous to the community or unlikely to appear before continued detention is ordered. That shift, she said, has increased the county’s reliance on the House of Corrections and on pretrial services such as electronic monitoring and alcohol sensors to manage releases.
Edwards described treatment court as a voluntary, contract-based program that requires participant consent and includes graduated sanctions. "They are entering a program that has a lot of checks and balances," she said, and warned that sanctions can include short stays at the House of Corrections. She said some participants return to treatment court after relapse while others re-enter following prison or jail terms.
Commissioners and court staff raised concerns about healthcare needs of detained people, including dialysis and surgery. Edwards said Medicaid eligibility often lapses after 30 days in custody, creating cost and care complications for the county and the corrections facility.
The judge and the board discussed length-of-stay trends at the House of Corrections. County officials reported that typical stays that used to average roughly 28 days are sometimes reaching about 60 days, a change the county is studying to determine longer-term impacts on capacity and budgets.
Edwards also highlighted graduation as a vulnerable transition point for treatment-court participants and described a proposed continuing-care approach that would extend structured supports for about a year after formal graduation using existing services and case management.
No new policies were adopted at the meeting; Edwards’ visit was presented as an update and an opportunity for commissioners to ask questions about local court operations.
