Buyers Remorse A Review of States Repealing Previosly Adopted Failed Bail Reform Measures

By Eric Granof

In the last 5-10 years, there has been a push for Criminal Justice Reform across the country.  The driving force for the need for reform was jail overcrowding.  Some states adopted various reforms proposed.  In the intervening time many reforms have been found to be lacking.  Therefore, states have begun repealing many of the reforms previously adopted.  Here is a summary of states that have repealed or are in the process of repealing reforms that they previously passed:  

•  Utah

Despite opposition from law enforcement and victims’ groups, Utah’s legislature passed bail reform legislation in 2020 that essentially made all bailable offenses the same amount.  The reforms used a risk assessment set uniform bail.  A year later after heavy cricitism from numerous groups the Utah legislature passed a bill repealing the massive reforms passed the previous year.  In a short time, crime rose, and accountability disappeared from Utah’s criminal justice system.  The repeal was signed by the Utah Governor in the last week.

• California

 In 2017, California’s progressive legislature passed Senate Bill 10.  This piece of legislation was designed to not only eliminate California’s private sector bail system but replace it with a public system guided by computer algorithms also known as a pretrial risk assessment.  The Governor, and supporting legislators, lauded the bill as one of the greatest criminal justice achievements ever passed.  Flash forward two and a half years, California voters spoke up and spoke loudly at the ballot box in a historic referendum vote, and overwhelmingly rejected Senate Bill 10 and the elimination of the private sector bail business.

• New York 

 In 2019, Governor Cuomo signed a budget bill that essentially eliminated the bail business, by decriminalizing a long list of crimes.  Despite strong opposition from law enforcement, victims’ groups and the community, the law went into effect on January 1, 2020.  The impact was felt throughout the state almost immediately.  The new bail reform policy’s shortcomings surfaced quickly, and crime skyrocketed.  Four months after being implemented, New York’s legislature repealed many of the dangerous and irresponsible reforms.

• Jefferson County, Colorado 

 In 2013, Jefferson County, Colorado, implemented a wide range of criminal justice reform including the expanded use of unsecured bonds.  What ensued was a massive increase in crime as well as a substantial increase in failures to appear and warrants.  As Jefferson County officials described it, “The program didn’t work as intended.  We did not save budget dollars and the system now suffers from a lack of accountability.”  In 2016, the policy of using unsecured bonds was discontinued and the county went back to its reliance on secured bonds.  According to the same officials, “We believe accountability has improved and as a system we are functioning better.” 

• Alaska 

In 2016, Alaska’s legislature passed a broad reaching piece of bail reform legislation, Senate Bill 91.  In the first few months of the bill’s implementation, the son of an Alaskan Legislator was injured in a car accident caused by someone who was released on their own recognizance on a DWI charge.  This eye-opening case coupled with an increase in crime and an increase in warrants issued for failing to appear, caused the Alaska Legislature to quickly act and roll back the ineffective bail reforms.

• Missouri

In 2019, Missouri’s Supreme Court implemented a drastic bail reform measure without the consultation of the legislature.  These rules fundamentally changed Missouri’s pretrial process and opened the door for mass unaccountable release of dangerous criminals into Missouri’s communities.  This session, there is a bill moving easily through the legislature by Senator Justin Hill, to repeal the court rules, established by the Supreme Court.