Since the passage of historic bail reform in 2019, nearly 200,000 more New Yorkers have been free to fight their case while presumed innocent. Home with their families. In their jobs. Going to school. With a roof over their heads. Just like the wealthy. New York taxpayers have saved hundreds of millions. And the data is clear: Bail reform has led to no increase in crime. Yet reform opponents are waging a misinformation campaign to confuse and scare New York elected leaders into ending bail reform and other successful reforms that have increased safety. We are committed to sharing the truth.

 

Bail reform in New York has been an extraordinary success for public health and safety. Despite all this, a calculated misinformation campaign threatens our state's critical progress.

The Ongoing Success of Bail Reform

Nearly three years after implementation, the research and data is unanimous and clear. Bail reform in New York has been a resounding success in upholding public safety, protecting freedom, and saving taxpayer dollars.

If we truly care about public health and safety, it is critical that follow facts. Not fear. 

Here are some key findings:

"A long-overdue fix meant to keep people from being locked up simply for being poor. New York needs to give bail reform a chance to succeed."

New York Bail Reform Explained

With notable exceptions, the bail reform law requires courts to release most people charged with misdemeanors and nonviolent felonies to await their court dates. The law addressed a long-standing problem where many people were held in jail pretrial simply because they could not afford their freedom.

Judges still retain wide discretion to set bail for people who are charged with a violent felony, persistently skip court dates, violate a protective order, are rearrested on a second felony, are charged twice (or more) with any alleged offense involving harm to a person or property, or are on parole or probation charged with felonies.

Bail fact Sheet

Fact: Nearly all people who are at liberty pre-trial are not rearrested at all, let alone found guilty for allegations involving violence or gun charges

New York City’s recent spike in shootings and murders is tragic and must be taken seriously. That means following the facts, and all available data confirm that bail reform is not linked to this increase and is certainly not a major driver of it.


183,000

Nearly 200,000 people have been spared any chance of the trauma, destabilization, and deadly conditions of pre-trial incarceration.

$658M

Taxpayer dollars saved annually that can support community investments, not punishment.

97.2%

Over 97% of those released were NOT rearrested for a violent felony.

99%

Nearly all released to fight their case while free were NOT rearrested for a charge involving a gun.

Nearly 200,000 people have been spared any chance of the trauma, destabilization, and deadly conditions of pre-trial incarceration.

Taxpayer dollars saved annually that can support community investments, not punishment.

Over 97% of those released were NOT rearrested for a violent felony.

Nearly all released to fight their case while free were NOT rearrested for a charge involving a gun.

Dear Journalists: A Guide for Accurate Reporting

Despite the facts and data, there is an ongoing narrative to undermine pretrial reform, fueled in large part by misinformation about the law and its impact.The media has long played a role in shaping public opinion around criminal justice issues, more specifically pretrial reforms. Since the passage of bail reform, patterns in reporting about pretrial freedom have emerged. This resource seeks to support reporters in avoiding these common pitfalls and remaining neutral in their coverage:

Bail Reform Media Guide

The Briefing:

The honest truth about bail reform written by criminal justice experts

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Fact: Under bail reform, judges can still and do set bail on cases alleging violence.

Bail reform does not allow for cash bail or remand in cases involving most misdemeanors and non-violent felonies – but only in those cases, and only under certain circumstances. The law also increases the availability of alternatives to incarceration (such as non-jail supervision and electronic monitoring) for individuals accused of violent felonies. Significant judicial discretion, however, remains in the system after bail reform.

Judges still retain discretion to set bail when a person is charged with an offense classified as "violent," for certain sexual offense misdemeanors, for willful failure to return to court, and in some cases involving otherwise bail-ineligible charges. Still, when judges do decide to release people charged with violent offenses, those individuals are the very least likely to be rearrested for a violent felony. 

Fact: More pretrial freedom means more–not less– public safety.

Pretrial jailing undermines the health of individuals, families, and entire neighborhoods. Incarceration is characterized by the very same drivers of violence: shame, isolation, economic deprivation, trauma, and violence itself.  Those who go into jail with challenges — lack of resources, substance use, mental health concerns, joblessness, unstable housing, and/or trauma — return to their communities with these challenges compounded by the destabilizing and harmful effects of incarceration. Others return with entirely new challenges as a result of the harm they endured.

On "Revolving Door Justice"

Fact: Bail is a costly, dangerous injustice.

The injustice of bail in New York

Prior to bail reform, thousands of people were kept jailed in counties across New York State, while awaiting trial. This practice persisted despite the incredible cost of incarceration and the fact that the majority of arrests were for misdemeanors.

Use this map to explore the statistics of pre-trial detention by county.

Data courtesy of Vera Institute for Justice

Label County

Value X

Label A: Value A
Label F: Value F
Label M: Value M

Label Y Value Y

Label C:
Value C per day, per person

The Latest

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SHARE REAL BAIL STORIES

Right now, law enforcement, prosecutors, and reform opponents are cherry-picking outlier cases and misrepresenting facts, the law itself, and case outcomes to try to defeat New York's bail and discovery reform. We hope to collect your real stories about people released under the bail law. Please submit only one case story per form and please be careful not to provide information that may identify the client. If you have any questions, please contact us at stories@justicenotfear.org.

SHARE REAL BAIL STORIES

REPORT MISLEADING MEDIA COVERAGE

The role of the media in shaping the conversation around bail reform cannot be underestimated, as this 2021 report detailed. Help us identify – and correct – misleading media coverage so that we can ensure that truth triumphs over fearmongering and falsehoods.

REPORT MISLEADING MEDIA COVERAGE

CONTACT New York LAWMAKERS

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SHARE REAL BAIL STORIES

STORY COLLECTION FORM FOR PUBLIC DEFENDERS

Right now, pro-carceral law enforcement and prosecutors are cherry-picking outlier cases and misrepresenting facts, the law itself, and case outcomes to try to defeat New York’s bail and discovery reform. We hope to collect your real stories about people released under the bail law. Please submit only one case story per form and please be careful not to provide information that may identify the client. If you have any questions, please contact us at stories@justicenotfear.org.

PERSONAL INFORMATION OF PERSON SUBMITTING:

PROFESSIONAL INFORMATION:

CASE AND CLIENT INFORMATION:

Mandatory release

DAT

Release Conditions

Services Provided (Check One or More)

Anything Specific About the Client That Is Helpful to Know (Check One or More)

Collateral Consequences Avoided (Check One or More)

Appearances in Court

Case Outcome (If Closed)

Case Still Open?

Report Fear

PERSONAL INFORMATION OF PERSON SUBMITTING:

Social Media

Location

Report Fear

Please share links to media that disseminates misinformation about the legal system, reform efforts, and/or the people directly impacted.

Report Truth

It is just as important to share truthful, reasoned sources on the same topic. Please share if you can.



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