Inevitable Backfires Must Not Derail Criminal Justice Reform

New Jersey is about to embark on the most ambitious program of criminal justice reform in our collective memory. On Jan. 1, 2017, the state will shift from a system that relies principally on monetary bail as a condition of pretrial release to a relatively objective risk-based system, using both monetary and nonmonetary conditions and methods of pretrial supervision. No longer should poor defendants languish for months, or even years, in jail—separated from their homes, families and employment—because of the inability to meet relatively small amounts of bail.

On the other hand, due to a voter-approved revision to the New Jersey Constitution, bail can now be denied if the court finds by clear and convincing evidence that no conditions of release would reasonably assure the person’s appearance in court or protect the safety of the public. To partially offset the possibility of prolonged pretrial detention, the Legislature has also adopted a Speedy Trial Act that for the first time sets specific deadlines for the timely filing of an indictment and the disposition of criminal charges for incarcerated defendants.