Facts: Enemy of the Bail Reform Movement

When it was first proposed taxpayers were told bail reform would provide a long-overdue fix for the central problem with the bail system. That being that people who could not afford to work with a bail bond agent sometimes sat in jail for prolonged periods of time while others accused of the same crime walked free simply because they could afford bail.

Most people would agree fixing that discrepancy would be a worthwhile undertaking. Bail reform proponents also stated that there would be no increase in crime, failure to appear rates would be stable, minority communities would be stronger and free of the scourge of unjust incarceration and taxpayers would save millions since fewer people would be spending time in jail where the state had to support them.

None of those promises came true. In fact, in every case, things got worse. Why? Because the actual goal of anti-bonding company activists had nothing to do with securing affordable bail bonds or otherwise reforming the vital but flawed bail system. Instead, their unstated goal from the start was to abolish bail in its entirety and release virtually everyone accused of virtually any type of crime only hours after their arrest.

The slow-motion catastrophe that followed bail reform has been well documented, with crime rates in major cities like New York, Los Angeles, San Francisco, and elsewhere skyrocketing. It seems not a day goes by without yet another news story of some heinous crime committed by someone who was walking the streets solely because of bail reform.

The Reformer Response

As countless thousands of offenders (most of them repeat offenders) were dumped onto US streets in the name of reform, civil order slowly broke down across the country. Two years into New York’s bail reform experiment the mayor went so far as to declare he was scared to ride the subway. And what was the response of the bail-reform lobby when faced with the chaos they and their legislative supporters created? Denial.

The typical bail reformer response took one of several forms:

Bail reform has not failed, and if you think it has it’s because you’re a racist.

Crime rates have not risen and again, if you think they have it’s because you’re a racist.

Minority communities are safer and if you think they aren’t… well… you get the picture.

Basically, anti-bail bond company mouthpieces said everything was hunky dory, and they got their enablers in the mainstream press to support that false narrative. But the truth is a persistent thing. And it will eventually bubble to the surface like it’s done again recently with the publication of a report from the prestigious Manhattan Institute.

There have been numerous reports chronicling the failure of bail reform, but the Manhattan Institute's situation is somewhat unique in that it focuses on how bail reform negatively impacted the very communities we were told would benefit: the Black and Hispanic communities. And the picture the study paints is a grim one indeed.

Major Findings of the Manhattan Institute’s Report

Bail reform was championed as a way to correct a major historical wrong by ending unjust incarceration of minorities, which countless ‘experts’ stated was the reason those communities often lagged behind the rest of the US population when it came to opportunities and income.

Again, that sounds like a perfectly reasonable, even noble cause, and people of good conscience everywhere were ready to support reform efforts that would bring it about. But it turns out that the bail bond agent wasn’t the demon his opponents made him out to be. Instead, he was a vital cog in the criminal justice system, and removing him, and what he does to ensure accountability, was akin to closing your eyes while driving and hoping for the best.

The best, as the Manhattan Institute points out, never happened. Instead, the worst-case scenario is what has been taking shape in New York and other states that cut the cord with bail.

Highlights of the Manhattan Institute Report

Crime rates in Black and Hispanic communities in New York had fallen 76% in the 27 years prior to bail reform. That is, with the bail system in place. Just two years after bail reform was implemented crime rates in those communities rose 36%. In other words, in just two years half the progress of the previous 27 years was wiped out. During those two years, more than 2,000 repeat offenders were released from city jails.

30% of the people released on their own recognizance due to bail reform wound up committing a violent felony. In addition, New York City overall has experienced an 82% increase in shootings since bail reform was enacted, with the overwhelming majority of the shootings taking place in Black and Hispanic communities.

The proportion of African Americans in New York who were victims of murder and other forms of non-negligent killing increased from 56% of the citywide total before bail reform to 67% two years after bail reform was enacted.

Overall murder in New York is up 22% since bail reform was enacted. Robbery is up 36%. Felony assault is up 20%. Burglaries are up a whopping 45% and auto theft in NYC is up a mind-blowing 245% with many of those car thefts being violent carjackings involving guns. This is what happens when you eliminate the bail bond agent and 24-hour bail bonds. Don’t let it happen in Denver County, Jefferson County, or elsewhere in the great state of Colorado.