While perhaps well intentioned, the bail reform act has had drastic consequences for all those involved. There have been numerous cases of those being arrested only to be released and commit another crime. Understandably, there has been a call for repealing the bail reform measures. While this is warranted, the legislature must explore why the law has failed and not implement draconian measures in response to the public outrage.

 

Clearly, there was not enough contemplation in the implementation of the law. Similarly, when New York State began to close State Psychiatric Hospitals in the 1960s, there were no plans in place to provide mental health services in the community. Consequently, the local jails became the largest inpatient mental health providers in New York. Some local jails became a place where those arrested were afforded an opportunity to have a respite from the community. They were provided food, shelter, medical, mental health and substance abuse treatment. These sources are clearly lacking in the community. It has been suggested that often people commit crimes to find safety and security in jail. Often the knee jerk reaction is to make the jails harder. In response, I am reminded of novelist Fyodor Dostoyevsky, “A society should be judged not by how it treats its outstanding citizens but by how it treats its criminals.”

 

Many of the recidivists have spent more time in jail than they have in the community. There is no plan for reentry into the community, once an individual serves his jail sentence. Not surprisingly, local jails have reported rates of recidivism as high as 75%. This is after many of the inmates have received services while they were incarcerated. It is only logical to expect that when an arrestee is released without services or a plan in the place, the likelihood of that individual being arrested is greater than those who have received services while in jail.

 

The criminal justice community is aware of risk factors associated with being rearrested. The legislature needs to consider these factors and provide judicial discretion for those situations. At the same time, there is a presumption of innocence for those who are arrested. If New York state wants to get serious about criminal justice reform, they need to address reentry, and build healthy communities that will provide the same services that are currently present in jail. But there needs to be a plan.