Bail Reform at Five Years: Pretrial Decision-Making in New York State

By Michael Rempel, Olive Lu, & Sarah Monaghan

In January 2020, New York’s landmark bail reform law went into effect. This report provides a definitive examination of how bail reform reshaped the pretrial landscape after five full years of implementation. Covering all regions of the state, and drawing on court data from 2018 to 2024 (spanning pre- and post-reform timeframes), the report examines bail reform’s impact on:

• Pretrial Decision-Making at Arraignment: Rates of release on recognizance, supervised release, bail, and pretrial detention; and estimated numbers of cases not resulting in pretrial detention due to changing practices under bail reform.

• Affordability of Bail: For cases that continue to be assigned bail, median bail amounts, bail posting rates, and judges’ use of “alternative” payment methods (partially secured bonds and unsecured bonds) that legislators intended to ease people’s ability to pay.

• Racial and Ethnic Disparities: Disparities among Black, Hispanic, and white people in judges’ rates of continuing to set bail or remand people directly to jail.

• Three Rounds of Bail Amendments: Effects of amendments respectively put into effect in July 2020, May 2022, and June 2023 (entailing a first-ever analysis of the 2022 and 2023 amendments).

New York: Data Collaborative for Justice, 2026. 47p.