One year into New York State’s sweeping restrictions to the use of bail and pretrial detention, the reform has produced sustained reductions in the reliance on both. But, at least in New York City, the reform’s impact has been significantly diminished—most notably, by an unexpected mid-year spike in bail-setting by judges.
Beginning in May 2020, and increasing throughout the summer as some New York City public officials made unsupported claims linking bail reform to a spike in gun violence, judges reverted to setting bail more often. Combined with the effect of the July 2020 amendments to the original legislation—which made more cases again eligible for bail—this contributed to a steady, months-long rise in the number of people in jail awaiting trial.
