National shifts in pretrial policy and detention practices are beginning to reshape how justice facilities are planned and designed. As jurisdictions move away from cash bail and toward risk-based release decisions, many are seeing changes to who is detained and how facilities need to operate.
In Illinois, for example, the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, passed in 2021 with major provisions taking effect in 2023, has provided an early look at how these shifts can play out in practice. Several years in, the system has moved beyond initial reactions and into a more nuanced phase defined by real-world impacts and continued uncertainty.
In some jurisdictions, jail populations dropped immediately following implementation, only to stabilize or trend back toward previous levels. Others are seeing more variability tied to local enforcement and court operations. Across the board, agencies are still working to understand what these shifts mean for long-term capacity, staffing and space needs.
What’s changing in detention environments
1. Smaller populations, higher acuity
One of the most consistent national trends is a reduction in overall jail populations, down roughly 10% from pre-pandemic levels, paired with an increase in the complexity of managing those who are detained. As more low-risk individuals are released pretrial, the population that remains in custody is more likely to present behavioral challenges and require closer supervision. This shift is forcing a reconsideration of long-standing housing models.
Dormitory-style housing, which has historically been efficient for lower-risk populations with shorter stays, is becoming less viable in many jurisdictions. In its place, facilities are trending toward more secure, individual housing configurations that allow for better classification, separation and control.
While these models can improve safety and supervision, they also introduce tradeoffs. Single-cell environments require more space per occupant, increase construction costs and place greater demands on staffing and visibility. Designing for this population is no longer a question only of capacity, but of balancing safety, efficiency and operational flexibility.
2. Pressure shifting beyond the housing unit
The impacts of pretrial reform are not confined to detention spaces. Court systems are continuing to manage steady or growing caseloads, processing around 70 million cases annually in state courts nationwide, even as operational structures evolve. A significant share of courts report staffing shortages and increased workloads, particularly for public defenders, where agencies nationwide are experiencing record staffing gaps and rising caseload pressures. In many jurisdictions, this is translating into increased demand for support space, like offices for legal teams, meeting rooms and areas for inter-agency coordination.
Similarly, law enforcement agencies are managing more individuals in the community awaiting trial, which can increase administrative workload and operational complexity. Higher rates of missed court appearances, for instance, can create additional demands on staff and systems, with downstream implications for support space needs.
These shifts point to a broader trend. While detention populations may decline, the overall system is becoming more resource-intensive behind the scenes. Facilities are being asked to support more staff, more coordination and more complex workflows than before.
3. A growing need for flexibility
Taken together, these changes introduce a new level of uncertainty to facility planning. Jail population projections depend on shifting variables such as court demand, sentencing patterns and policy changes, all of which vary across jurisdictions and evolve over time. This makes long-term capacity planning increasingly difficult. It also means that facilities designed around fixed assumptions about capacity and use may struggle to adapt moving forward.
In response, many projects are prioritizing flexibility as a core design principle. Housing units are being designed with adaptability in mind, able to accommodate multi-use spaces that shift classifications as needs change. Support areas are being designed for multiple uses, accommodating fluctuations in staffing and operations. Phased approaches to construction are also becoming more common as jurisdictions seek to align investment with evolving demand.
This growing need reflects a broader shift in how justice facilities are conceived. Not as static buildings, but as systems that must adapt to policies and the communities they serve.
Designing for what comes next
As pretrial practices continue to evolve, the implications for facility design will extend well beyond any single policy or jurisdiction. The emerging challenge is to build for current conditions while anticipating a range of possible futures. That requires a deeper understanding of population dynamics, operational demands and policy decisions intersect, and how those factors translate into spatial design.
Facilities that successfully navigate this shift will be those that move beyond traditional models and strike a balance between both security and adaptability and efficiency and resilience. In an environment defined by change, the ability to respond, not just react, will be the hallmark of effective justice design.
Matt Bickel, AIA, LEED AP, is a government practice leader at Wold Architects & Engineers and can be reached at mbickel@woldae.com.
