The document advocates for bail reform and argues that cash bail disproportionately harms low-income individuals and communities of color. It summarizes research showing that bail reform laws in several jurisdictions, including New York, New Jersey, and Washington D.C., have reduced jail populations without increasing crime rates. The document also criticizes the commercial bail industry and argues that electronic monitoring is not a sufficient alternative to cash bail.

1. 1
BAIL REFORM. NOW.
Allison Mills | November 2022 www.carenotcarceral.com | AllisonM@carenotcarceral.com
The United States incarcerates
approximately 445,000
individuals in pretrial detention
at any given time.
Individuals given bail, on pretrial
release, or in pretrial detention
have only been arrested and
accused of a crime. They are, as
all of us, lawfully innocent until
proven guilty.
There is no evidence that bail
reform has driven the
nationwide increase in crime.
Brennan Center for Justice &
Prison Policy Initiative & The
Economist & The Appeal
CONTENTS
What is bail? … 3
Racial disparities … 4
Wealth disparities … 4
Bail is costly … 4
Bail reform in New York … 5
Bail reform in the U.S. … 6
Electronic Monitoring … 6
Commercial Bail … 7
Additional impacts … 7, 8
MEDIA COVERAGE
A link, presenting itself a much higher rates recently, has been
made unsubstantiated between bail reform and crime. One report
points out how public officials in Illinois and even specifically in
Chicago have made false claims and pushed misinformation in the
media regarding pretrial justice reforms. In 2020, the National
Association of Criminal Defense Lawyers (NACDL) hosted a virtual
panel titled “Lessons Learned: Combatting Misinformation Around
Bail Reform - Case Study on the New York Bail Reform Pushback.”
Specifically mentioned were how vocal some “police unions, district
attorneys, and other groups” had been in concerning rise in crime
rates and their ease when correlating it to bail reform.
With politicians in one ear and police in the other, it is easy to come
to the belief that bail reform will allow more crime or allow people to
“skip” taking responsibility. Would you believe releasing people
pretrial without bail actually decreases crime and does not
decrease court appearance rates?
DEFINITIONS
Bail/Pretrial release: The release of an individual for the time they
are awaiting trial.
Cash Bail: The release of an individual for the time they are awaiting
trial under the condition that a specified amount of money is paid.
Recidivism: The tendency of formerly incarcerated individuals to be
rearrested or to reoffend.
Criminogenic: A system, situation, or place that causes or is likely to
cause behavior that is considered “criminal” (violating societal
norms and rules).
Electronic monitoring: A digital technology used to track or restrict
the movements of an individual. Most commonly ankle monitors.
Bail Reform. Now. by Allison Mills is licensed under the Creative Commons Attribution-
NonCommercial-NoDerivatives 4.0 International License.

2. 2
B A I L R E F O R M . N O W .
CAMPAIGN SEASON IS
“CRIME SEASON”
Albuquerque, New Mexico’s Chief of
Police, Harold Medina took to Twitter to
“clear up” misinformation regarding
crime stats after the midterm elections
were over.
As more and more American voters
become concerned about crime and
police unions add new requirements
for candidates they will endorse, the
fight for true safety and factual
information becomes more difficult.
This is a relatively common practice,
not one only found in Albuquerque.
“A September 2020 CBS 6 story
claimed that an individual was
released because of bail reform
and later committed a murder.
Once again, the story relied on law
enforcement as a key source and,
once again, those claims were
false” – Bennett & Hamilton,
Freedom, Then the Press: New York
Media and Bail Reform
POTENTIAL FOR
NATIONWIDE
CRIME RISE
Gun violence had a
significant impact on crime
rates, and on the increase in
murders in New York
specifically. Compared to
previous years, guns were
sold, carried, and recovered
from crime scenes at higher
rates.
The COVID-19 pandemic
created the “most unequal"
recession throwing people
and communities into
financial uncertainty.
Additionally, the need to
social distance and
“lockdown” meant many
institutions responsible for
preserving public safety were
out of reach for residents.
“People who
are not prosecuted for
misdemeanors are
much less likely to find
themselves in a
courtroom again within
two years.”
“Cultural
change always
precedes
political
change.”
– Jeff Chang

3. 3
B A I L R E F O R M . N O W .
WHAT IS BAIL?
A detailed history of bail and pretrial release can be read here. Bail as a concept traces its roots back to ancient
Rome, with its implementation in the United States dating back to the colonial era. Cash bail is meant to ensure
an individual accused of a crime returns to court to appear for trial. Cash bail is not to be imposed as a
punishment (i.e., fine). The bail system should protect the basic right of presumption of innocence while balancing
public safety. The modernization of cash bail, the nebulous distinction of what we consider crime, and the decay
of due process has resulted in a “poverty penalty.”
The collateral consequences of pretrial detention are harsh and unavoidable for those who cannot afford bail. Just
3 days of pretrial detention can have a significant impact on employment, housing, financial stability, and family
wellbeing.
Cash bail is responsible for high jail populations, high rates of guilty pleas and longer sentences.
Communities of color are at greater risk for unaffordable bail. Across the United States, Black and brown
individuals are at least 10-25% more likely to be detained pretrial or subjected to bail than white individuals. The
amount of people being held in jails on tribal lands increased 80% from 1999 to 2018 and the length of stay
doubled since 2002. Racial disparities persist in states and local areas where pretrial reforms have been
implemented.
As bail is unaffordable for so many who are arrested and presumed innocent, pretrial detention is the only other
option. An option which has shown no deterrent effect on pretrial misconduct or failure-to-appear rates but has
proven to have a consistent “criminogenic effect” on rearrest.
The commercial bail industry is centered around profit, neglecting public safety and preying on vulnerable,
majority low-income individuals.
Figure from Prison Policy

4. 4
B A I L R E F O R M . N O W .
RACIAL DISPARITIES
In Allegheny County, Pennsylvania,
Black individuals are 26.5% more
likely than their white counterparts to
be subjected to monetary bail.
Criminal charges in counties with
historically high levels of slavery
increase the chances of pretrial
detention, probability of receiving a
sentence of incarceration, and
impacts the length of time
sentenced.
Conservative estimates from New
York City showed two-thirds of racial
disparity in pretrial release decisions
was due to racial discrimination. The
discrimination driven by both racial
bias and statistical discrimination.
In Miami-Dade County, Florida,
“Black non-Latinx” individuals
had 15% higher bond amounts
and spent 12% more days in
pretrial detention compared to
“white non-Latinx” individuals.
“Black Latinx” individuals had
18% higher bond amounts and
spent 18% more days in
pretrial attention compared to
their “white non-Latinx”
counterparts.
In Jefferson County, Kentucky,
arrested individuals who were
Black were 10% more likely to
be given a financial bond,
those with a felony charge were
15% more likely to receive a
financial bond.
Racial bias in bail settings,
substantially against Black
individuals, were found after
controlling for “observable
crime” and individual
differences. Judges
consistently made racially
biased prediction errors, worse
among inexperienced judges,
resulting in Black-white
disparities in pretrial detention.
(Data from Miami and
Philadelphia)
Using data from Lehigh County,
Pennsylvania and controlling
for number of charges, African-
American individuals were set
a bail approximately 3 times
higher than white individuals.
WEALTH DISPARITIES
A study of 75 large counties across
the United States, more punitive
practices during pretrial were found
for individuals suffering from poorer
socioeconomic conditions. High
unemployment rates were correlated
with expensive bail amounts and
income inequality linked to low rates
of financial release.
A study of counties within
metropolitan areas of Philadelphia
and Miami reported individuals
made less than $7,000 the year
before arrest. More than half were
unable to post a bail of $5,000 or
less.
In Lehigh County, Pennsylvania, in
2019, approximately 49% of
individuals in pretrial detention could
not afford to post bail.
In Kentucky, 60% of individuals
awaiting trial are subject to
cash bail with those having
lower incomes at higher risks
for economic harms.
Across 8 New York counties,
46% of individuals held on bail
with alleged misdemeanors
had a bail set at $1,000 or
less.
BAIL IS COSTLY
Local governments spend 13.6
billion dollars annually
detaining individuals pretrial.
That is 67% of the total jail
population.
In just 6 counties, California
spent $37.5 million dollars
jailing individuals for which
were never charged by the
prosecutor, or charges were
dropped or dismissed.
The City of Philadelphia
estimated a $20 million
dollar savings in direct costs
each year by eliminating cash
bail for individuals who could
not afford to pay. With
roughly 33% of individuals in
Philadelphia jails held on
pretrial and unable to pay to
bail, savings per individual
was estimated between
$37,031 and $40,048.
In 2019, a conservative
estimate of $1.3 billion
dollars was spent staffing and
operating the jails of 57
counties in New York state
(excluding New York City).
See figure 1.1 - Potential
savings of New York Jails.

5. 5
B A I L R E F O R M . N O W .
BAIL REFORM IN
NEW YORK
STATE
The law separates the cases
into categories (i.e., eligible, not
eligible) based on the alleged
crime. Judges can set bail in
almost all cases involving a
“violent” felony.
In cases not eligible for bail
based on the bail reform law,
judges are able to release the
individual on their own
recognizance or impose other
conditions (e.g., restrictions on
travel, pre-trial supervision,
mandated treatment).
Judges have the ability to set
bail in cases deemed “high-
risk.” So bail may be set for an
individual who was released
and rearrested for another
offense if (a) both charges are
felonies or (b) class A
misdemeanors and involve
harm to a person or property.
Here is a more detailed
breakdown of New York’s cash
bail reform. A New York bail
reform fact sheet. An additional
resource for explaining New
York’s bail reform.
The New York State Division of
Criminal Justice Services
reported the failure-to-appear
rate dropped from 15% in
2019 to 9% in 2021.
Reducing jail populations saves
lives. As of October 31, 2022,
18 people have died in 2022
while incarcerated in New York
City’s jail system.
Reducing jail populations saves
money.
In January of 2020, New York’s Bail
Elimination Act of 2019 went into
effect ending the assessment of cash
bail in the case of most misdemeanors
and “nonviolent” felonies. In early April
2020, it was amended to expand
situations for imposing cash bail and
for judicial discretion in setting bail
and other pretrial release conditions.
“PUBLIC SAFETY”
RESULTS
The Times Union of Albany analyzed
100,000 cases statewide from July
2020 to June 2021 where pretrial
release conditions were “related to the
state’s changed bail laws.” Only 2% of
the 100,000 cases led to rearrest for
an alleged “violent” felony.
A report from the New York City
Comptroller Brad Lander (Bureau of
Budget and Bureau of Policy and
Research) indicated pretrial rearrest
rates remained “nearly identical”
before and after the Bail Elimination
Act of 2019 was implemented.
The New York City Criminal
Justice Agency maintains a
data dashboard showing
individuals awaiting trial and
those rearrested while awaiting
trial. Since 2019 the rearrest
trends show little change.
The New York State Division of
Criminal Justice Services
reported pretrial detainees
were rearrested at roughly the
same rate pre- and post- Bail
Elimination Act of 2019.
Rearrests for violent crimes
especially remained low. New
York City reported 3% in 2019
to 4% in 2021. Outside of New
York City reported ~1% in 2019
to ~ 3% in 2021.

6. 6
B A I L R E F O R M . N O W .
IN NEW JERSEY:
- Implemented in 2017
-By 2019 the overall jail population
declined by 45%.
-There was a negligible (1%) increase
in individuals rearrested while on
pretrial release.
-From 2016 to 2018, violent crimes
decreased by 16%.
IN HARRIS COUNTY,
TEXAS:
-Guilty plea rates were reduced by
15%.
-Likelihood of receiving a jail
sentence decreased by 17%.
-Reduction in racial disparities in
granting pretrial release.
-Individuals arrested for
misdemeanors with new charges
filed within one year have declined.
IN COOK COUNTY,
ILLINOIS:
- Implemented 2017
-Bail reform (G018.8A) had no
impact on crime rates in Chicago, a
city many have deemed a “crime
capital” despite several cities having
higher murder rates (e.g., New
Orleans, Memphis, Baltimore) and a
fall in overall crime.
-Before and after reform 17% of
individuals on pretrial release had a
new criminal case filed and 3% had
a new “violent” criminal case filed.
IN YAKIMA COUNTY,
WASHINGTON:
-Risk assessment tool, 2016
-Reduction in individuals held
pretrial.
-Reduction in racial disparities -
After implementation (2017)
Latino individuals released to
await trial rose from 49% to
75%. Native American, African
American, Asian, and Pacific
Islander individuals saw an
increase of 24% in rate of
release.
-Automated text and call
reminder system helped bring
court appearance rate to 75%.
IN WASHINGTON,
D.C.:
-Risk assessment tool, 1967;
-Based on 5 years of data: over
93% of individuals were
released pretrial using no
financial bond. 88% of those
individuals remained arrest
free and 2% were arrested for
an alleged violent crime while
on pretrial release.
-89% of individuals released
while awaiting trial make all
scheduled court appearances.
IN NEW MEXICO:
-Implemented mid-2017
-The “safety rate,” individuals
not rearrested while on pretrial
release, increased from 74% to
83.2% after implementation of
reform.
ELECTRONIC
MONITORING IS NOT
BAIL REFORM
Replacing bail with electronic
monitoring (EM) seems like a
good solution on the surface
but it has harmful impacts on
justice-involved individuals and
society. EM expands the net of
which the state can mass
incarcerate, acting as a digital
form of imprisonment. Statutes
or rules in 29 states explicitly
authorize fees for EM during
pretrial release. As payment of
EM fees is very often a
condition of pretrial release,
failure to pay by determined
deadlines can result in the
individual being taken into
custody. Fees can range from
$1 to $40 a day and $25 to
$250 for the initial installation
depending on jurisdiction.
Imposed on people who are
least positioned to pay, the
fees along with other court
costs jeopardize financial
security. Additionally, EM is
ineffective- falling flat on goals
to change failure-to-appear
rates and influence pretrial
misconduct.

7. 7
B A I L R E F O R M . N O W .
ELIMINATE THE
COMMERCIAL BAIL
SYSTEM (NOW.)
In 2021 six insurance
companies were responsible
for underwriting 76% of all
bonds, a sizable financial
interest in maintaining the
status quo for these large
companies. In most cases
when contracting a bail bond
company there is a 10-15%
non refundable fee paid to the
bondsman. This fee provides a
financial incentive for bail
companies to remain apathetic
regarding public safety and the
incarceration status of their
client. Should their client be
rearrested, the company may
be relieved of their contractual
obligations and retain the
nonrefundable premium or the
client’s bail amount and agent
fee may both increase.
The abusive and predatory
contracts used by commercial
bail companies very often
contain conditions in violation
of “common notions of fairness
and justice.” Bounty hunters
are known to be employed by
bail companies, using practices
which cause trauma and
sometimes injury or death.
Both the contracts and the
bounty hunters’ are
perpetuating the culture of
violence we wish the criminal
justice system to dissolve.
As one of the only 2 countries to
allow it, the United States
commercial bail bond industry is a
sector whose total value is around
$15 billion, with profits estimated to
be $2.4 billion per year. Between
1990 and 2009 the rate of those
released using a commercial bail
bond more than doubled from 23%
to 49%. During the same time period
those released without bail fell from
40% to 23%.
CONSIDER:
Pretrial detention can increase the
odds that an individual will offend in
the future.
-In Kentucky, individuals held for the
entire pretrial period were 1.3 times
more likely to be rearrested on new
charges compared to those released
at some point awaiting trial.
-Pretrial detention can increase the
probability of an individual acquiring
future felony charges by 32.2
percent.
-A large sample from Philadelphia
and Pittsburgh with randomly
assigned judges suggested
individuals assigned cash bail were
between 6-9% more likely to
reoffend.
Children are able to stay in
their parents’ care when they
are not detained awaiting trial.
-Study of 366 individuals held
in pretrial detention amongst 4
jails. 40.5% reported pretrial
detention did or would change
the living situation for a child in
their custody.
-Based on most recent survey
data by the Bureau of Justice
(2002), over 150,000 children
had a parent in jail as a result
of inability to afford bail. As
pretrial detention populations
have grown immensely since
2002, the children harmed has
grown as well.
-Individuals detained pretrial
had a 57.3% chance of their
ability to care and provide for
their children be impeded by
justice involvement compared
to 40.6% for those who were
not detained.

8. 8
B A I L R E F O R M . N O W .
CONSIDER: (cont.)
Jail conditions often violate human
rights and can be fatal.
-In 2019, a total of 1,200 people
died while in local jails, a more than
5% increase from 2018 (1,138
people).
-In 2018, 1,120 people died while in
local jails, increasing 2% from the
1,099 people in 2017.
-As of October 25th there have been
22 reported deaths at the Houston
Harris County Jail in the year 2022.
The impacts of pretrial
detention on employment,
housing, and financial stability
are substantial.
-Individuals detained pretrial
were found to be 74% more
likely to become unemployed
compared to individuals who
were not detained pretrial.
-One study found released
individuals with a mean annual
household income of $10,000
were 24.7% more likely than
the average pretrial detainee to
have income after two years
and 24.9% after 3-4 years.
-Pretrial release is more likely
to result in shorter sentences
when an individual is
convicted, lessening time away
from family, job and reducing
the criminogenic effect of jail.
Reducing mass incarceration allows for a more complete family unit to exist, potentially offering stability and
promoting social cohesion within the community. Additional members within the home can strengthen earning
potential and encourages increased financial independence.
Eliminating much of the incarceration resulting from pretrial detention would enable many individuals to continue
working, supporting their families and the local economy. The weeks, sometimes years spent in pretrial detention
has a detrimental effect on the workforce and the economy. Additionally, local governments and therefore
taxpayers can have more liberty in allocating funds to areas of need.
Overall pretrial detention in jail afflicts a criminogenic effect, which often results in longer sentences if convicted
and higher recidivism rates. Lowering pretrial detention numbers brings with it decreases in recidivism, while
appearances to court do not significantly change.
In a country where justice is to be implemented blindly and universally, cash bail stands as an undue burden
levied on those who reside in the lowest economic levels. The constitutionality of cash bail has been questioned
numerous times due to high bail cost and lengthy wait times to see a judge. Judges in this system are essentially
given free reign to impose whatever arbitrary risk metrics they deem fit to determine the financial burden placed
on the accused.
Abolishing the cash bail system is not in itself an act of mercy, the cash bail system as it exists today is both cruel
and un-American. This is a system which is predatory by design and implementation on those who have the least
to spare. In a country where freedom is valued above all else, with cash bail, those still in possession of their
innocence are not free.
Bail Reform. Now.