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

Job training is an invaluable resource to prisoners who may not have any other resources for such a thing. A new job center, established with a $500,000 grant from the U.S. Department of Labor, aims to assist 1,000 Milwaukee County offenders over two years.

Philadelphia's criminal justice system is overwhelmed. New York is allowing judges to release low-risk defendants accused of non-violent crimes with the goal of saving money, reducing prison overcrowding, and cutting down on prison violence.

When the federal government fails to stimulate social change, local areas step up. Tennessee is giving more structure and funding to community college education, and it’s drastically increasing graduation rates. Alaska and other states are getting rid of money bail. All around the country, citizen activists are becoming advocates and attempting to make our political system accessible to everyone. Despite partisan politics in Washington, D.C., the country is nonetheless experiencing social progress.

Although the cash bail system has long been used in the US criminal justice system, many argue that it is biased based on socioeconomic levels. To reduce this bias, criminal justice researchers and data scientists have created a new risk assessment tool that uses an algorithm taking age, history of missing court and former crimes into account before making a recommendation on bail.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.

Leading up to Father’s Day, Philadelphia criminal justice organization Frontline Dads raised money to bail out fathers. Inspired by the annual Mother’s Day bailouts that happen around the country, Frontline Dad aims to not just free father’s, but raise awareness about the issue of cash bail as well. Beyond bailing out fathers, participants will also have access to services like haircuts, counseling, and job placement assistance.

From North Carolina to California, states and cities are taking a new approach to fines and fees – people are having their charges dismissed, warrants for minor offenses cleared, and many municipalities are actually saving money by spending less on collections. With a system that was built because it provided cities and states with revenue, there has been a realization that it disproportionately targets communities of color and often keeps people stuck in cycles of debt. With this national awakening, resources and networks are being created so other places can implement the same change.

Arkansas’ judicial oversight agency has the staffing and persistence to hold bad judges accountable in ways that counter a nationwide pattern of weak enforcement and judicial impunity. The Arkansas Judicial Discipline & Disability Commission has a staff that’s almost three times as large as the national per-judge average and it publicly disciplines judges more than twice the national rate. It is one of the few such agencies that will investigate anonymous complaints, frequently a barrier to starting judicial misconduct probes.

In Palm Beach County, an automated system sends text-message reminders, instead of just postal mail notices, to people with upcoming court dates. About 14% of those jailed in the county were there on warrants for failure to appear in court, placing a burden both on the system and on people's disrupted lives. Since the system was started, warrants for failure to appear are down by more than half, although other factors are also at play. At the very least, every court appearance someone makes is one less public cost and private hassle.

The Defender Association of Philadelphia practices community-oriented public defense — also known as "holistic defense" — to connect clients with support services and resources that help address the root causes of crimes. The association works with social workers, investigators, and paralegals to get clients access to housing, food, jobs, and healthcare, as well as mental health and substance use treatment, with more than 150 people referred to treatment providers between September 2016 and January 2017.