Two years into New York’s bold quest to eliminate pretrial incarceration for most crimes, state officials are considering abandoning some reforms amid public pressure to curb rising violence.
Washington, D.C., pioneered the end of cash bail in 1992. Maine passed similar legislation last year for nonviolent misdemeanors and violations. An Illinois law eliminating cash bail and setting strict rules for ordering detention goes into effect in January 2023.
Marie Ndiaye, of the Legal Aid Society's Decarceration Project, said a “dangerousness” provision would disproportionately impact people of color and only lead to more crowded jails. The city comptroller's analysis, based on data from the city and the nonprofit New York City Criminal Justice Agency, found that re-arrest rates in the city haven't changed much since the reforms.In 2021, an average of about 45,400 people were on pretrial release in New York City in any given month. Of those, an average of just under 1,900 were re-arrested, or about 4% according to the agency’s data.
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