New York State's bail reform, which largely eliminated cash bail for most misdemeanors and nonviolent felonies, has been a significant change to the state's criminal justice system. Proponents of the reform point to several key benefits:
Reduces Incarceration and Inequity: The primary benefit is that it addresses a two-tiered system of justice where a person's freedom before trial was determined by their ability to pay. By eliminating cash bail for certain offenses, the reform has prevented thousands of people from being detained in jail simply because they are poor. This has led to a significant reduction in the state's pretrial jail population.
Keeps Families and Communities Intact: When individuals are detained pretrial, they can lose their jobs, housing, and connection to their families. This disruption can have long-lasting negative effects. By allowing more people to await trial in their communities, the reform helps them maintain their employment, care for their children, and remain connected to their support systems.
Saves Taxpayer Money: Pretrial detention is expensive for taxpayers. By reducing the number of people in jail, the reform has resulted in substantial cost savings for the state. This money can then be reallocated to other public services, including those that support communities and address the root causes of crime.
Reduces Recidivism: Some research suggests that pretrial detention can actually increase a person's likelihood of reoffending. By allowing people to remain in their communities, cashless bail may contribute to a reduction in recidivism. A study from the Data Collaborative for Justice at John Jay College found that for people released under the bail reform law, recidivism rates were lower than for a similar group of people before the reforms.
Promotes Racial Justice: The previous cash bail system disproportionately impacted Black and Hispanic communities, who were more likely to be assigned cash bail and less likely to be able to afford it. Bail reform aims to reduce these racial disparities by ensuring that a person's race or socioeconomic status does not determine whether they are detained before their trial.
While the reforms have been a subject of intense debate, especially concerning their impact on public safety, these are the key benefits often cited by supporters of the legislation.
