Bail Reform

We design and implement bail reform strategies to reduce the use of jail and increase the fairness of the justice system.

On any given day, people who haven’t been found guilty of any crime are detained across the U.S. because of an inability to post bail. This imposes enormous costs: for taxpayers, for detainees and their families, and for their communities.

The Center for Court Innovation works to promote bail reform in a number of ways. We operate supervised release programs that provide pretrial supervision and voluntary social services as an alternative to detention. We design and evaluate risk assessment tools and advocate for the careful and ethical expansion of their use to improve pretrial decision-making. We produce comprehensive recommendations for simplifying New York City’s bail payment process. And we provide research and strategic support to the Independent Commission on New York City Criminal Justice and Incarceration Reform which put reducing pretrial detention at the center of its recommendations for safely reducing the city’s jail population and closing the Rikers Island jail facility.

For additional details on how bail is a financial burden for those with limited means, see our Fines and Fees resource page.

Initiatives

Bronx Community Solutions

Bronx Community Solutions applies a problem-solving approach to cases in the Bronx centralized criminal court, providing judges with community-based alternatives to jail and fines.
Brooklyn Justice Initiatives

Brooklyn Justice Initiatives seeks to improve how the centralized criminal court in Brooklyn responds to misdemeanor and felony cases.
MacArthur Foundation’s Safety and Justice Challenge

The MacArthur Foundation’s Safety and Justice Challenge seeks to reduce over-incarceration by changing the way America thinks about and uses jails.
Price of Justice Initiative

The Price of Justice Initiative helps jurisdictions address the disparate impact of fines and fees on defendants who cannot afford them.
Rethinking Rikers Island

By providing support to the Independent Commission on Criminal Justice and Incarceration Reform, we're aiding in the effort to reduce New York City’s jail population and close Rikers Island.
Staten Island Justice Center

The Staten Island Justice Center seeks to reduce crime and incarceration by providing court-involved participants with supportive services and by engaging the community in prevention prog
Supervised Release Program

The Supervised Release Program reduces the number of people held in jail simply because they cannot afford bail.

Publications & Digital Media

Publication
Bail Reform Revisited: The Impact of New York’s Amended Law

by Michael Rempel and Krystal Rodriguez

Our analysis of the revisions passed in April 2020 to New York State’s bail reform projects they will lead to a 16 percent increase in New York City’s pretrial jail population, relative to the effects of the original law. However, even the revised statute makes an estimated 84 percent of cases ineligible for bail. The analysis also weighs factors, including the COVID-19 emergency, that could produce a culture change in pretrial decision-making—in the direction of less, or more, reliance on detention.

Addressing Racial Disparities, Bail Reform
Publication
Beyond the Algorithm: Pretrial Reform, Risk Assessment, and Racial Fairness

by Sarah Picard, Matt Watkins, Michael Rempel, and Ashmini G. Kerodal

Drawing on a case study of more than 175,000 defendants in New York City, this report concludes concerns over risk assessments perpetuating racial disparities in pretrial decisions are real. However, at least in the New York City example, it finds a more targeted use of risk assessments could both significantly reduce pretrial detention and alleviate racial disparities. But realizing that potential requires jurisdictions to think "beyond the algorithm"—what do they want to use a risk assessment for?

Addressing Racial Disparities, Bail Reform, Risk Assessment, Technology
Publication
The Facts on Bail Reform and Crime in New York City

by Krystal Rodriguez, Michael Rempel, and Matt Watkins

Amid a dramatic surge in gun violence across the country, some public officials are blaming the spike in New York City on the state's recent bail reforms. This research brief, bringing together publicly-available data and research, suggests that is unlikely to be the case.

Addressing Racial Disparities, Bail Reform, Reducing Violence

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News

America’s Biggest City Was Hit Hard By COVID-19. Its Jails Are Filling Up Again

November 30, 2020
The Appeal

New York City’s jail population is close to reaching pre-pandemic levels. The Appeal reports, "The city’s jail population, now over 4,700, is largely the result of a growing number of people held awaiting trial. According to a recent report by the Center for Court Innovation, between the end of April, when the city took emergency COVID-related decarceration measures, and Nov. 1, the pretrial population incarcerated in city jails has increased by more than 28 percent."
City’s Jail Population Rises After Bail Reform Gets A Rewrite

December 21, 2020
WNYC/Gothamist

WNYC takes a comprehensive look at the factors fueling the recent rise in New York City's jail population, citing our recent analysis of the impact of COVID-19 and of the two waves of state-wide bail reform.
Only 9 Trials in 9 Months: Virus Wreaks Havoc on NYC Courts

December 2, 2020
The New York Times

Citing our findings of the surging number of people in New York City jails awaiting trial, The New York Times looks at how COVID-19 is disrupting the city's courts—imperiling not only people's health, but their constitutional right to a speedy trial.

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