Pretrial Detention New York

Pretrial detention in New York has undergone significant changes in recent years. Let’s delve into the strategies and reforms aimed at addressing the well-documented harms associated with pretrial detention:

1. Legislative Reforms: In 2020, New York State implemented groundbreaking legislative reforms that eliminated money bail and pretrial detention in the vast majority of criminal cases. Judges are now required to consider an individual’s financial capacity when setting bail¹.
2. Strict Criteria: Even in the remaining cases where detention was not completely banned, strict new legal criteria were established for determining when it is permissible to detain someone. This ensures that pretrial detention is used judiciously and only when necessary².
3. Supervised Release: New York City has expanded the use of Supervised Release, a data-driven program that allows defendants to be released pretrial while providing supervision to ensure their appearance in court. This program aims to strike a balance between public safety and individual rights².

These efforts are crucial, especially considering that New York City must close its notorious jails on Rikers Island, build smaller new facilities, and reduce the total number of people held in jail by more than half within the next six years². By addressing the harms associated with pretrial detention, New York is taking steps toward a fairer and more just criminal justice system. 📜🔍

Pretrial detention in New York: Legal Challenges and Implications of Pretrial Detention Based on Crime Type in New York