Pretrial detention in New York City has been a topic of significant concern, and efforts have been made to address its harms. Here are some key points:
- Legislative Reforms: In 2019, New York State passed criminal justice reform legislation that eliminates money bail and pretrial detention for nearly all misdemeanor and nonviolent felony cases. This measure went into effect in January 20201.
- Harms of Pretrial Detention: The documented harms of pretrial detention in New York City include:
- Holding people in jail even when there is little evidence that they would miss their court dates if released.
- Penalizing people without financial means through the overuse of bail.
- Increasing recidivism due to the counterproductive effects of pretrial detention on future criminal behavior2.
- Strategies Adopted in New York:
- State Legislative Reforms: In 2020, reforms were enacted that ban money bail and pretrial detention in nine out of ten criminal cases.
- Strict Legal Criteria: New legal criteria were established for precisely when it is permissible to detain someone in jail, even in cases where detention was not completely banned.
- Expansion of Supervised Release: A data-driven program called Supervised Release was expanded. It allows defendants to be released pretrial while providing supervision to ensure their appearance in court2.
These efforts aim to reduce pretrial detention, address its negative consequences, and promote fairer and more effective criminal justice practices in New York City. 🗽🚫🔒