Bail Reform and Domestic Violence in New York

By Krystal Rodriguez and Michael Rempel

On April 1, 2019, New York State passed a series of reforms intended to promote fairness and due process throughout the criminal justice system. A new bail reform law eliminates money bail and pretrial detention for nearly all misdemeanor and nonviolent felony defendants. Described in a separate publication, 1 this law requires drastic changes in bail practices, sharply curtailing the overreliance on money bail and pretrial detention that has disproportionately impacted lower-income communities and communities of color. The Center for Court Innovation estimates that bail reform will result in a minimum 43 percent reduction in New York City’s pretrial jail population. In response to the victim advocacy community and in consideration of the unique social and legal issues involved in cases of domestic violence, the new law contains several specific provisions intended to protect domestic violence victims. This document focuses on these components of bail reform and includes hard data indicating how cases involving domestic violence allegations might be affected in New York City.

New York: Center for Court Innovation, 2019. 9p.