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States and Cities Try No-Bail Programs to Relieve Jail Overcrowding

Between 2012 and 2014, 47 states passed 261 laws creating or expanding pretrial programs that would supervise low-level offenders in lieu of holding them in jails.

Thousands of people awaiting trial in New York City for low-level offenses will be assigned to community supervision programs, part of a national trend to free up space in overcrowded jails by releasing nonviolent individuals who can’t afford to post bail.

 

Under the program announced Wednesday by Mayor Bill de Blasio, judges will have the option to release low-risk defendants to supervisory programs that allow them to stay at home with their families and continue working while awaiting trial.

“Money bail is a problem because—as the system currently operates in New York—some people are being detained based on the size of their bank account, not the risk they pose,” Mr. de Blasio said in a statement.

Between 2012 and 2014, 47 states passed 261 laws creating or expanding pretrial programs that would supervise low-level offenders in lieu of holding them in jails, according to the National Conference of State Legislatures.

 

Daniel Luzer is GOVERNING's news editor.