5/14/2020 Bail Reform Revisited: The Impact of New York’s Amended Law | Center for Court Innovation

Bail Reform Revisited: The Impact of New

York’s Amended Law

P U B L I C AT I O N by Michael Rempel and Krystal Rodriguez

AMENDED BAIL BENCH CARD FOR PRACTITIONERS →

SUMMARY: Provisions and Impact

FULL REPORT: Bail Reform Revisited

SUPPLEMENT: Sources, Methods, Limitations

https://www.courtinnovation.org/publications/bail-revisited-NYS 1/4
5/14/2020 Bail Reform Revisited: The Impact of New York’s Amended Law | Center for Court Innovation

In April 2019, New York State passed sweeping restrictions to the use of bail
and pretrial detention. Implemented in January 2020, our analysis showed it
ruled out both in almost nine out of 10 cases. We also found the legislation
contributed to a 40 percent decline in New York City's pretrial jail population
in the year since its passage.

In April 2020, three months after the reforms took effect, the state passed a
series of significant revisions—notably making more cases and situations
https://www.courtinnovation.org/publications/bail-revisited-NYS 2/4
5/14/2020 Bail Reform Revisited: The Impact of New York’s Amended Law | Center for Court Innovation

eligible again for bail and detention. Based on an analysis of New York City
cases, we project—relative to the effects of the original law and the pre-COVID-
19 jail population—the revised legislation will lead to a 16 percent increase in
the number of people detained in the city's jails awaiting trial.

However, even under the amended law, 84 percent of total cases remain
ineligible for bail, a sea change when contrasted to the landscape preceding
either reform.

Our analysis concludes by weighing the factors, including the COVID-19

emergency, that could contribute to a culture change in pretrial decision-
making—in the direction of less, or more, reliance on detention.

May 2020

Programs
Supervised Release Program

Areas of Focus
Addressing Racial Disparities, Bail Reform

Related Content
▪ Beyond the Algorithm: Pretrial Reform, Risk Assessment, and
Racial Fairness
▪ New York’s Bail Reform Law: Major Components and Implications
▪ Neighbors in Action: Creating Safer and Healthier Communities
▪ Violence, Trauma, and Healing in Crown Heights, Brooklyn
▪ Start Here: A Road Map to Reducing Mass Incarceration

https://www.courtinnovation.org/publications/bail-revisited-NYS 3/4
5/14/2020 Bail Reform Revisited: The Impact of New York’s Amended Law | Center for Court Innovation

Research. Development. Justice. Reform.

Contact

Careers

Expert Assistance

Supporters

This website is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs,
U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible
for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and
any services or tools provided).

© 2020 Center for Court Innovation

Subscribe to Our Email Newsletter

Enter your Email SUBMIT

    

https://www.courtinnovation.org/publications/bail-revisited-NYS 4/4