Bail reforms moving slowly in Missouri

Philadelphia has one of the highest incarceration rates in the country, but with a $3.5 million McArthur Foundation grant the city has used several initiatives to change that. The efforts appear to be working, with the number of inmates falling by 12 percent over one year. Programs include getting addicts treatment instead of more jail time, working to release those who cannot afford bail ahead of a trial and making attorneys more available for those who want to seek early parole.

A nonprofit consulting firm, Prosecutor Impact, advances the cause of reducing incarceration and related reforms by helping reform-minded elected district attorneys confront one of the greatest obstacles to change: their own staff's opposition. In Columbus, a two-week curriculum educated front-line prosecutors about local services that can serve as problem-solving alternatives to punishment. It also taught them about poverty's challenges and engaged them in dialogue with prisoners, to make them more open to alternative approaches, which a local defense lawyer says was successful.

New York City's supervised release program stakes a middle ground in the debate over abolishing cash bail systems by paying outside agencies to monitor and help people released from jail while their criminal charges are pending. More equitable than requiring cash bail for release but more restrictive than simply releasing defendants with no oversight, the program in its first three years boasted an 88% rate for participants complying with court dates while 8% in early 2019 were arrested on new felony charges while freed. The program, on hold during the early pandemic months, is budgeted for a big expansion.

Jails are overcrowded with inmates awaiting their trial and who didn't have the money to make bail. Across the country states are trying to implement new policies to deny high-risk felons bail, while conducting risk assessments to see if inmates would be a safety concern if they were released until their trial. Many plans have been developed but the big bail business remains a barrier.

Nearly three decades after Washington voters made their state the first to enact a three-strikes law, imposing life imprisonment for repeated, serious offenses, some prosecutors have found ways to avoid the law's effects that are seen as unduly harsh or racially biased. Some have interpreted a law authorizing resentencing to apply to three-strikes cases. Others have pushed the governor to grant clemency more often. This new willingness to question the law's effects is not universal among prosecutors, and the state Supreme Court soon will weigh in on the issue.

The spread of COVID-19 in jails prompted many releases from custody and a surge in donations to bail funds that pay for people's release. But those fixes have done little to address the underlying challenges of detaining millions of people before trial, either because they cannot afford cash bail or because risk-assessment tools deem them a threat to public safety or unlikely to return to court. In two South Florida jails, the struggles over containing the virus, providing due process to criminal defendants, and ensuring public safety have brought the debate into sharper focus.

Drug courts can help some people with serious drug problems who face serious criminal charges, if such court programs are run carefully, based on evidence-based approaches. But, too often, such courts – which push criminal defendants into treatment as an alternative to incarceration – can do more harm than good. The proof of drug courts' effectiveness is mixed, and fairly thin. Thousands of such courts exist, based on widespread political support for an approach seen as less punitive. But many critics say the courts' track record overall is weak and their approach can be just another form of punishment.

Releasing tens of thousands more misdemeanor defendants from jail without requiring cash bail had no measurable effect on crime rates in Texas' most populous county. To settle a lawsuit that claimed cash bail unconstitutionally discriminated against people on the basis of wealth, Harris County established a set of reforms abolishing cash bail in most misdemeanor cases. Court-appointed researchers monitoring compliance with the settlement found re-offending rates remained stable while racial disparities in who gets released improved. Not tested yet was compliance with court appointments.

Since 2015, Project Reset has diverted potential criminal cases to programs that change behaviors without imposing punishment or staining people's records with criminal convictions. Art classes, behavioral therapy, and restorative dialogue have made 16- and 17-year-olds in the program significantly less likely to commit new offenses, while 98% of those admitted to the program have completed it. Offered in Manhattan, Brooklyn, and Bronx, the program helped the Manhattan district attorney nearly cut in half the number of prosecutions of low-level misdemeanors and violations.

Pennsylvania’s Transit Authority, SEPTA, has decriminalized fare evasion, with those who are caught facing a $25 fine. This is down from the prior $300 tickets that were issued in the past. The move toward decriminalization is part of a larger shift in the region for the criminal justice system to be less punitive and more rehabilitative, focusing more on addressing root causes of behavior.