A Broken Bond: How New York Judges are Getting Around Bail Reform

Akash V. Mehta

October 12, 2020 |

New York Focus |

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1500-3000 Words

Response Location: United States, New York, New York

A key part of New York state's bail system reform legislation gave judges the ability to use alternative forms of bail designed to be more affordable to more people. But, by giving judges broad discretion, the law left large loopholes that judges have used to undercut the law's purpose. In addition to the two standard forms of bail – payment in cash or a nonrefundable fee to a bail bonds company – the law allowed for cost-free or refundable-deposit bonds that judges either have avoided using or have turned into a new costly obligation, leaving thousands to sit in jail pending trial.

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The Obama Justice Department Had a Plan to Hold Police Accountable for Abuses. The Trump DOJ Has Undermined It.

Robert Faturechi

September 29, 2020 |

ProPublica |

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Response Location: United States

One of the most powerful tools used to reform policing practices, widely credited with restoring public faith in such troubled departments as the Los Angeles Police Department, is called a consent decree. The U.S. Justice Department sues cities where police abuses are seen as rampant. Then, under the watchful eye of a judge and independent monitor, the department agrees to a package of reforms. Under the Trump Justice Department, though, the tool has gone unused in new cases. In existing cases, the government has become passive, allowing cities to flout their agreements without consequence.

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Pa. Supreme Court halts Philly criminal trials streamed on YouTube over possible harassment

Vinny Vella

September 17, 2020 |

The Philadelphia Inquirer (Philadelphia Media Network) |

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Under 800 Words

Response Location: United States, Philadelphia, Pennsylvania

Philadelphia criminal trials were broadcast live on a public YouTube channel to provide for public access to the courts during the pandemic shutdown, but the practice was halted over a complaint by prosecutors that this means of public access created opportunities for harassment and intimidation of victims, witnesses, and defendants. Responding to an emergency petition by the Philadelphia district attorney, the state Supreme Court halted the YouTube broadcasts. Prosecutors said they will explore alternatives including private Zoom calls and closed-circuit feeds.

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Iowa prison population drops to 20-year low

Erin Jordan

September 14, 2020 |

Quad-City Times |

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800-1500 Words

Response Location: United States, Iowa

COVID-19 outbreaks in Iowa prisons have been contained through extensive testing, quarantines, and reductions in prison crowding. The state's prison population hit a 20-year low, down 13% from early April, because of accelerated parole hearings and reductions in new admissions. The state courts' slowdown and the prisons' temporary suspension in new admissions contributed to the population decrease. Since March, four people incarcerated in Iowa prisons have died of the virus while 833 have tested positive. An additional 126 staff have tested positive.

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Harris County's bail reforms let more people out of jail before trial without raising risk of reoffending

Jolie McCullough

September 03, 2020 |

The Texas Tribune |

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800-1500 Words

Response Location: United States, Houston, Texas

Releasing tens of thousands more misdemeanor defendants from jail without requiring cash bail had no measurable effect on crime rates in Texas' most populous county. To settle a lawsuit that claimed cash bail unconstitutionally discriminated against people on the basis of wealth, Harris County established a set of reforms abolishing cash bail in most misdemeanor cases. Court-appointed researchers monitoring compliance with the settlement found re-offending rates remained stable while racial disparities in who gets released improved. Not tested yet was compliance with court appointments.

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Can Prosecutors Be Taught to Avoid Jail Sentences?

Tina Rosenberg

August 25, 2020 |

The New York Times |

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800-1500 Words

Response Location: United States, Columbus, Ohio

A nonprofit consulting firm, Prosecutor Impact, advances the cause of reducing incarceration and related reforms by helping reform-minded elected district attorneys confront one of the greatest obstacles to change: their own staff's opposition. In Columbus, a two-week curriculum educated front-line prosecutors about local services that can serve as problem-solving alternatives to punishment. It also taught them about poverty's challenges and engaged them in dialogue with prisoners, to make them more open to alternative approaches, which a local defense lawyer says was successful.

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Courts rule

Emma Athena

August 20, 2020 |

Boulder Weekly |

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1500-3000 Words

Response Location: United States, Massachusetts

Almost half of U.S. states guarantee citizens’ rights to petition for ballot measures, but the coronavirus made gathering signatures in person infeasible. Massachusetts courts allowed electronic signatures, but other states have not approved virtual citizen initiative campaigns. Ballot initiatives allow citizens to advance solutions and enact structural changes without relying on support from elected officials. MA groups used DocuSign to gather 30,000 signatures to get a proposal for ranked choice voting on the ballot. Not all MA groups were able to quickly or successfully pivot to the e-signature process.

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Minnesota Freedom Fund Bails Out Those Who Can't Afford It

Bonita Gooch Jazzlyn Johnson

August 20, 2020 |

The Community Voice |

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800-1500 Words

Response Location: United States, Minneapolis, Minnesota

The Minnesota Freedom Fund spent its first four years as a modestly funded nonprofit that used donations to bail people out of jail, as a means of countering a cash bail system that critics see as unfair to people living in poverty and people of color. From 2016 to early 2020, it had a budget of $100,000 per year and bailed out 563 people. Protests against Minneapolis police misconduct produced a windfall of $30 million in donations. The fund has excess funds, beyond what's needed to bail out protesters, and faces some criticism that it has freed people accused of violence.

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Program offers alternative for youth who commit misdemeanors

Anthony Wallace

August 05, 2020 |

Cronkite News - Arizona PBS |

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800-1500 Words

Response Location: United States, Seattle, Washington

Choose 180 channels Seattle-area young people into an alternative to court and jail when they commit relatively minor offenses. This "offramp" from the traditional justice system, serving a disproportionately Black and brown clientele, helped 400 clients in 2019, 87% of whom did not commit new offenses. Research shows such diversion programs have a better track record for preventing future crimes. A Choose 180 "sentence" comes in the form of a workshop introducing young people to mentors and giving them a chance at the stability and frame of mind they need to seek more lasting change in their lives.

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After Intake Pause, City's Supervised Release Program Set for Large Expansion

Ethan Geringer-Sameth

August 05, 2020 |

Gotham Gazette |

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1500-3000 Words

Response Location: United States, New York, New York

New York City's supervised release program stakes a middle ground in the debate over abolishing cash bail systems by paying outside agencies to monitor and help people released from jail while their criminal charges are pending. More equitable than requiring cash bail for release but more restrictive than simply releasing defendants with no oversight, the program in its first three years boasted an 88% rate for participants complying with court dates while 8% in early 2019 were arrested on new felony charges while freed. The program, on hold during the early pandemic months, is budgeted for a big expansion.

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