Assessing the Effects of New Jersey’s Bail Reforms on Racial Disparities and Fairness

• In Event: Disparities in Pretrial Justice

Abstract

In January 2017, the State of New Jersey implemented a sweeping set of pretrial reforms, shifting from a system that relied on money bail to one that uses a risk assessment tool to inform release decision-making. A prior MDRC study found that the reforms led to a reduction in arrests, an increase in pretrial releases without conditions, and a reduction in jailtime. The present study builds on this prior study to assess the reforms’ effects on racial disparities and fairness in pretrial processes. The study employed a mixed methods approach consisting of an interrupted time series impact analysis of all arrests in NJ between 2014-2018, qualitative interviews of directly impacted individuals, and an innovative photography analysis — all of which were informed by an advisory board of lived experts. The study found that the reforms led to improvements for Black and White groups but did not yield meaningful reductions in disparities between groups in terms of arrests, jail stays, and disposition. Directly impacted individuals pointed to a need for a legal system that considers each person’s circumstances, is transparent and easier to navigate, employs the least restrictive release conditions possible, and whose staff better reflect the diverse populations they serve.

Authors

• Chloe Anderson, MDRC

• Brit Henderson, MDRC

• Kyla Wasserman, MDRC

• Erika Lewy, MDRC