In 2020, the New York State legislature followed the lead of other smart-on-crime states and enacted sweeping bail reform laws that followed the data on what really moves the needle when it comes to having an effective criminal justice system that prioritizes public safety and individual rights. This historic change benefits thousands of New Yorkers being prevented from living productive lives and contributing to their communities. Six years after the passage of this legislation, we feel it would be helpful to take a look at the numbers behind this change.
According to the Brennan Center for Justice, data from the New York City Criminal Justice Agency show that in December 2023, almost 50,000 people were living in their communities awaiting resolution of a criminal case; 95.7 percent of whom were not arrested and prosecuted for any new offense.
That means by an overwhelming margin, those on bail are not reoffending.
The John Jay College of Criminal Justice’s Data Collaborative for Justice found in 2023 that across all cases in which bail was eliminated, there were reductions for any re-arrest after two years (44% in 2020 vs. 50% in 2019) and reductions for felony re-arrest after two years (24% in 2020 vs. 27% in 2019). Additionally, over a longer 30-month follow-up period, people released after bail reform were not arrested again as quickly for any offense, a felony offense, or a violent felony offense than people who were remanded or had bail set before bail reform.
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Put simply, it has been proven that pretrial detainment for most low-level crimes has no impact on the overall level of community safety as evidenced by the low re-arrest rate in New York.
We should not run scared from those who hold onto outdated beliefs that correction programs should be harshly punitive. Data shows that this type of approach doesn’t provide a good answer to the most consequential question when it comes to actual community safety: Will this person reoffend?
There needs to be an honest discussion about the cost savings it has generated for New York, and fight to have those savings reinvested into programs that produce real results and foster public safety.
Because bail reforms work best when they are directly coupled with increased funding for early diversion programs that support system-involved youth. Better funding for expanding access to mental health resources as well as job training initiatives will help the people exiting our criminal justice system re-enter their communities safely and positively. That is how you move from incremental progress to community-changing results.
Bail reform requires community support and investment to ensure we continue to move towards a more effective, cost efficient and equitable criminal justice system. One strong example of community support and investment that has shown tremendous results is Atlas, a community violence intervention that focuses on Functional Family Therapy. A partnership between United Way of New York City and the NYC Department of Youth and Community Development, this program has enhanced public safety by providing voluntary, non-court mandated therapy and social work programs to youth and young adults through community-based organizations and therapeutic approaches to empower families and foster stronger communities in neighborhoods that have historically borne the brunt of violence and over-enforcement.
And the results are clear. 97% of participants who completed the violence intervention program do not have a violent felony rearrest. We know that a thoughtful, data-driven approach that includes support in the community, like participants’ chosen family, can deliver results that prevent populations from entering the criminal justice system in the first place, and dramatically drive down the number of criminal justice system-involved people who reoffend.
United Way of New York City, The Fortune Society, and the NYC Department of Youth and Community Development’s (DYCD) Office of Neighborhood Safety (ONS) have also recently launched Atlas HOPE, which aims to create a continuum of care for adult men most likely to engage in serious community violence and least likely to receive the supportive services necessary to end cycles of trauma and violence. Using an evidence-based model, Atlas HOPE is designed to serve men at the highest risk of community violence with long-term outreach, trauma-informed cognitive behavioral intervention, and transitional work opportunities.
The results of programs like Atlas are increased safety and stronger communities. This is the goal of the New York State Legislature, so it is clear that we must continue to invest in the programs that are already moving us in that direction.
To abandon the hard-fought progress we’ve made and instead chase the illusion of security offered by harsh and unjust pretrial detention would be a profound setback. The exorbitant financial burden that comes with these draconian measures exacerbate the inequities of our justice system, making it harder for vulnerable individuals to access fair treatment. We must resist the temptation to revert to failed practices that have long been proven ineffective and damaging. To give up this progress and chase after the false sense of security and excessive cost that comes with inequitable pretrial detention would represent a major step backwards. Instead, we need to bravely continue to invest in programs that pave the way for productive community members who do not want to be judged by the worst thing they have ever done, crime victims who want the appropriate investments in their community, and community members and families that want to heal with dignity.
This is how you keep communities safe.
Latrice M. Walker is the New York State Assembly Member representing the 55th District in Brooklyn. Grace Bonilla is the President and Chief Executive Officer of United Way of New York City.