States all across the country are considering bail reform, some have already made changes. But the jury remains out on if bail reform actually works.
“There’s a rising movement to fight the money bail system. Advocates and legislators across the country are pushing to get rid of money bail in their states and in local jurisdictions. They argue that the system imposes an enormous and unfair burden on people and their families, especially low-income people of color,” Vox reported.
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Many states are realizing the inequality of a cash bail system. Because of the inability to make bail, there are about half a million unconvicted people stuck in jails. And they can be in jail anywhere from months to years awaiting a court hearing.
“Bail amounts vary widely, with a nationwide median of around $10,000 for felonies (though much higher for serious charges) and less for misdemeanors (in some places such as New York City, typically under $2,000, though much higher in some jurisdictions). But even the lower amounts are more than most people can pay, and many spend time in jail for lack of as little as $500 or even $250,” Vox reported.
Ultimately the bail system exploits poor people and people of color. They and their families are also targets for the $2 billion-per-year for-profit bond industry, which routinely exploits people — disproportionately people of color — in desperate situations.
The states where they have tried bail reform, most think it is working. In 2016 New Jersey Gov. Christie signed a bill to abolish cash bail for most nonviolent defendants and create a system that would monitor them. And cash bail was nearly eliminated in January 2017. As a result, New Jersey’s crime rates have dropped across the board.
According to State Police statistics, homicides are down 32 percent, rape is down 13, robbery dropped 37, assault decreased 18, and burglary is down 30. Violent crime is down overall more than 30 percent.
“Remember, we got here because New Jerseyans said it was time to stop criminalizing poverty. In 2014, voters approved an amendment that gave judges the power to detain anyone without bail if they pose a threat or flight risk; before the amendment, almost everyone with money could be released on bail. Then It has worked brilliantly because judges still can use their discretion to overrule a risk assessment based on a computer algorithm. The drug kingpins, in other words, can’t buy their freedom. The rest, meanwhile, can get on with their lives without regard to the size of their wallets,” according to an editorial in the New Jersey Star-Ledger.
“These stats show that mass incarceration is a self-defeating strategy. It destroys lives, tears apart communities – mostly communities of color — doesn’t reduce crime, and costs taxpayers millions,” said Roseanne Scotti of Drug Policy Alliance, who initiated the reform effort in 2012. “At the same time, New Jersey has reduced its pretrial jail population by almost 40 percent over the last two years.”
New Jersey is not alone on trying to change the bail system. In November of his year, 105 inmates were released in New York City as part of a bail reform experiment.
And in California, the state passed legislation in August to eliminate cash bail. The new law goes into effect in 2019 and when it does those arrested and charged for a crime in the state will no longer be asked to post bail as a condition of their release.
Actually, California was the first state to legislate money bail entirely. New Jersey followed with its own legislation in New Jersey that virtually eliminated money bail went into effect in 2017. “Some states, including Massachusetts, have passed statutes requiring that courts inquire into ability to pay money bail, and others, including Alaska and Illinois, have put restrictions on the cases in which people can be assigned money bail or encouraged courts to use “unsecured” bail (only payable if the person fails to appear in court),” Vox reported.
Still, other states are debating on just how to approach bail reforms — and even if it works.
A woman was held in jail for six months because she couldn’t afford to pay her $300 bond. She just died in custody. This is tragic and exactly why we need to reform our money bail system. https://t.co/FAQEoUQYVp
— Kamala Harris (@SenKamalaHarris) December 18, 2018
A 61-year-old woman was arrested for misdemeanor trespassing in July.
It was her first offense.
She has been in jail ever since, unable to make her $300 bail.
Janice Dotson-Stephens just died.#BailReformhttps://t.co/EUBeryXtUO— Mark Elliott (@markmobility) December 18, 2018
