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

• In Event: Recalibrating Justice: Risk, Reform, and Reentry

Abstract

In January 2017, the State of New Jersey implemented pretrial reforms, shifting from a reliance on money bail to using a risk assessment tool to inform release decision-making. A prior MDRC study found that the reforms led to reductions in arrests, increases in pretrial release without conditions, and reductions in jailtime. The present study builds on this work by assessing the reforms’ effects on racial equity and fairness in pretrial processes. The study employed a mixed methods approach consisting of an interrupted time series analysis of arrests, interviews of directly impacted individuals, and 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

• Brit Henderson, MDRC

• Kyla Wasserman, MDRC