NEW YORK - New York state is taking a serious look at reforming bail for criminal defendants. Last week the state's chief judge said he will institute several changes including encouraging judges to set bail at affordable levels, reviewing bail amounts within 10 days of arraignment, and retraining judges in alternatives to bail.

According to attorney Justine Luongo, who oversees criminal practice for the Legal Aid Society of NY, for many defendants even $500 is out of reach.

"There are far too many people who can't afford bail stuck in the system or being either forced to plead guilty or lose their jobs or their homes to fight their case," says Luongo.

In New York City alone, about 50,000 people go to jail to await trial every year simply because they can't pay their bail.

State Senator Michael Gianaris is proposing legislation that would eliminate bail for misdemeanors and other non-felony infractions, releasing most on their own recognizance or with some supervision. Luongo says pilot programs in New York City show that works.

"People who are released to their communities who can return to their families, their children, their jobs, their education, their housing will return to court," Luongo says.

If adopted, Gianaris' proposal would put New York State at the forefront of nationwide efforts to reform bail systems.

But reforming bail is only part of the solution to mass incarceration. Luongo says jails are overflowing because there are too many arrests and too few judges.

"There are many people who are being arrested on things that shouldn't actually be crimes in the first place and might rightfully be part of a civil summons system," says Luongo.

Efforts to reform the bail system have grown in response to the suicide of Kalief Browder, a young man who spent three years in jail awaiting trial because he couldn't afford bail.



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Tennessee's justice system may be getting a makeover, as a forum on Thursday will cover new ideas to modernize it.

The Sycamore Institute event will focus on using data-driven approaches, increased funding and policy changes.

Brian Straessle, executive director of the institute, said they want to provide clarity for people to learn about criminal justice policy in Tennessee. One session, with representatives from the District Attorney General Conference and Administrative Office of the Courts, will discuss criminal justice data reporting in the state.

"Last session in the Legislature, there were a couple of laws passed that required each of those entities to develop some unified case reporting and data reporting tools," Straessle explained. "Because right now, it's hard to get a real good sense of what is happening in the court system across the state of Tennessee."

More than 44,000 people were in state prisons and local jails across Tennessee in 2023. Straessle added the goal of the forum is to provide insights into the approaches groups are taking to implement their plans and identify areas for improvement.

Straessle added the second session will focus on paying for incarceration. He noted during the pandemic, the state saw an increase in crime, which in turn created concern about the capacity of Tennessee prisons.

"The winds have shifted a little bit to more of a 'tough on crime' focus at the state level, and that means, you know, more people behind bars for longer," Straessle pointed out. "There's questions about, what does that mean for Tennessee's jail and prison capacity? And whatever we end up doing, we need to know what that will be and what it's going to cost if we need more capacity."

While pre-pandemic interest in reform was high, rising crime has led to stricter laws. The final session will be a conversation with state lawmakers about public safety and criminal justice policy.


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Researchers have found that higher copays for health care obstruct access to receiving care behind bars, even as prison populations in Mississippi and nationwide face increasing rates of physical and mental health conditions.

One in 10 people with at least one chronic condition in state and federal prisons had not been seen by a clinician since they were incarcerated.

Wanda Bertram, communication strategist for the Prison Policy Initiative, said the copays are often less than $7 but they represent massive barriers to health care.

"If you want to be seen, you have to pay, typically anywhere from $2 to $5, or in the case of Mississippi prisons, $6,," Bertram outlined. "and if you can't pay that, either you can't see the doctor or that becomes a debt that you have to the prison."

The research found medical copays in prisons significantly impede health care access for more than 500,000 people with chronic conditions, from heart or kidney disease, to asthma and hepatitis C.

People in Mississippi prisons are not compensated for the jobs they may have while they are incarcerated, so Bertram pointed out it is up to their families to cover any medical costs. She added some states have dropped their copays for people behind bars. Her group thinks Mississippi should do the same.

"We have been advocating for years for states to abolish these copays," Bertram explained. "And some states are doing this, Nevada, I believe, abolished prison copays, either this year or last year. California has also abolished copays. To force people to pay to see a doctor, you know, causes people to not see doctors when they actually need help."

Bertram added the research revealed alarming gaps in mental health care access for incarcerated individuals. More than one-third of those with diagnosed chronic mental illnesses have not seen any mental health clinicians since entering prison.


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Anyone age 18 or younger accused of violating Illinois law, who has formal charges filed against them, has historically had their case tried in a courtroom but some judges are choosing another option in hopes of keeping young people out of the system.

Courts in Avondale, Englewood, North Lawndale and Sauk Village in Cook County use restorative justice for nonviolent felony or misdemeanor cases for people ages 18-26. They attend court-appointed conferences or "peace circles" with family, friends and community members to encourage accountability.

Elizabeth Clarke, founder and executive director of the Illinois Juvenile Justice Initiative, thinks the restorative justice model should be expanded.

"Cook County should be using it, not just in low-level cases, but in really serious felony cases," Clarke contended.

Victims and survivors of crimes may volunteer to participate in the conferences. This Friday, the Juvenile Justice Initiative will host two restorative justice practitioners with the Youth Justice Agency in Belfast, Northern Ireland, speaking at the Adler Institute on Public Safety and Social Justice in Chicago.

The Cook County Circuit Court website said a "Repair of Harm Agreement" lists what a young offender must complete, from performing community service and writing a reflection letter, to attaining a high school equivalency diploma and finishing a substance abuse program.

Joshua Brooks restorative justice hubs coordinator for the Institute on Public Safety and Social Justice at Adler University, said restorative justice is a practice; a way of life borrowed from Indigenous beliefs.

"It's really based on the principle that we belong to each other, and we need to do right by each other," Brooks explained. "There are just several different principles and values that include relationship building, confidentiality, repairing harm, community building, shared power. And the way that it's practiced is usually through circles."

Brooks argued strengthening relationships with community members and bringing them into a place where they can trust one another is also important. If the young person completes the items on their list, criminal charges are dismissed and the case is expunged.

Chicago Appleseed for Fair Courts data show between 2020 and 2023, 100 people completed a restorative justice program. By March 2023, 94% had their charges dropped or dismissed.