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.

Initiatives

Bronx Community Solutions

Bronx Community Solutions applies a problem-solving approach to non-violent cases in the Bronx, providing judges with alternatives to jail and fines.
Brooklyn Justice Initiatives

Brooklyn Justice Initiatives seeks to improve how the centralized criminal court in Brooklyn handles misdemeanor and non-violent 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 engaging the community in prevention program
Supervised Release

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

Publications & Digital Media

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
New York’s Bail Reform Law: Major Components and Implications

by Michael Rempel and Krystal Rodriguez

New York State has passed sweeping criminal justice legislation, strictly curtailing the use of cash bail and pretrial detention, overhauling rules governing the sharing of evidence, and strengthening measures to ensure a defendant's right to a speedy trial. Our analysis of the potential implications of the reforms to bail finds they can be expected to significantly reduce the use of incarceration in the state. The measures go into effect in January 2020.

Bail Reform
Book
Start Here: A Road Map to Reducing Mass Incarceration

by Greg Berman and Julian Adler

Written by Greg Berman, director of the Center for Court Innovation, and Julian Adler, director of policy and research, Start Here from the New Press offers a road map of concrete actions to reduce the number of people sent to jail and prison, highlighting key lessons from successful programs across the country.

Bail Reform, Community Justice, Diversion, Procedural Justice, Reducing Violence, Risk Assessment

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News

The Next Battleground in the Fight to Close Rikers

May 21, 2019
Gotham Gazette

Legislation like the recent New York State justice reforms is a powerful tool, but it's no magic bullet. As former New York Chief Judge Jonathan Lippman and our director, Greg Berman, argue, lasting change also requires the slow grind of transforming practice and culture.
How to Make New York’s New Criminal Justice Reforms Really Work

April 11, 2019
Gotham Gazette

With significant reforms aimed at reducing the harms of the justice system passed in New York State, Adam Mansky, our director of criminal justice, outlines three of our programs already in place that also represent a positive vision of what justice can look like.
Reducing the Justice Footprint: How Three NYC Programs Improve Fairness

April 4, 2019
The Crime Report

We all know what's wrong with the criminal justice system (fairness and humanity are often in short supply). Drawing from our work, our director, Greg Berman, describes some community-based solutions—like violence interruption, trauma-informed care for the justice-involved, and social workers rather than bail or detention pretrial—that are already making a difference.

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