Impact of Criminal Justice Reform in New Jersey

Evaluation of New Jersey's Criminal Justice Reform (CJR) reveals a significant shift towards a risk-based pretrial system, with a reduction in misdemeanor arrests and changes in case processing post-reform. The reform led to fewer warrant-issued cases, a decline in misdemeanor offenses, and altered complaint types among felony cases, indicating positive outcomes and implications for the state's justice system.

• Criminal Justice Reform
• New Jersey
• Pretrial System
• Misdemeanor Offenses
• Case Processing

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1. Evidence and Implications: New Jersey s Criminal Justice Reform The 17th Annual Harry Frank Guggenheim Symposium on Crime in America Justice at the Crossroads: Is the Reform Window Closing? March 3, 2022 Cindy Redcross Researcher and Director, Strategic Planning and Analytics Bronx County District Attorney s Office New York

2. Evidence from an Evaluation of New Jerseys Criminal Justice Reform Rigorous evaluation funded by Arnold Ventures. The State of New Jersey implemented a sweeping set of reforms to its pretrial system moving from a system based on money-bail to a system based on risk Tracks outcomes January 2017-December 2017, the year after CJR implemented What was tested: Virtual elimination of monetary bail as an initial release condition Public safety assessment and decision making framework Preventive detention Pretrial monitoring program Speedy trial laws Public defender at all initial appearance hearings

3. FIGURE 1 New Jersey Pretrial Case Flow Since CJR Was Implemented New Jersey Pretrial Case Flow after CJR Arrest A Complaint- Summons Release PSA* Complaint- Warrant Issued by a Judicial Officer Booking into Jail Pending a First Appearance B PSA and DMF First Appearance Hearing Jail Pending a Detention Hearing Release Case Resolution C Detention Hearing * Release Detention Case Resolution

4. Fewer arrests for misdemeanor offensesin particular, public order offenses Misdemeanor Arrests Felony Arrests Number of Arrest Events in July 2017 Predicted Outcome Observed Outcome Difference (Effect) -2,180* Percentage Change Arrest Events Total arrest events 17,444 15,264 -12.5 Note: In New Jersey Indictable offenses are similar to felony in NY; similarly non-indictable are similar to misdemeanors in NY. 4

5. Reduction in Proportion of Cases Issued on a Warrant Complaint (jail booking) Effects on Complaint Type Among Felony Cases CJR reduced the proportion of complaint- warrants which automatically require booking to await first appearance. Complaint Type Among July 2017 Cases with Indictable Charges Predicted Outcome Observed Outcome Difference (Effect) Percentage Change Complaint Type 51.3 43.3 -8.0* Warrant -15.6 Summons 48.6 56.7 8.0* 16.5 5

6. Fewer days in jail in the month following arrest Percentage of defendants with felony charges initially booked into jail for Jail Stays Among Defendants with Indictable Charges in July 2017 Predicted Outcome Observed Outcome Difference (Effect) Percentage Change Jail Stay Ever booked 36.7 39.3 2.6* 7.1 Held 3+ days 29.9 25.7 -4.2* -14.0 Held 10+ days 20.6 13.0 -7.6* -36.9 Held 30+ days 13.1 8.5 -4.6* -35.0 6

7. Dramatic reduction in number of people in jail

8. Higher rates of release in all counties. Largest effects in counties highest rates of detention pre CJR Effects on Pretrial Detention Predicted Difference (Effect) Observed Light shaded bars represent what rates of detention would have been without CJR Darker shading represents what actually happened. Hudson 6.5 31.9 -25.4* -20.5* Warren 9.9 30.4 Essex -17.2* 12.1 29.3 Burlington -20.9* 7.1 28.0 Union 7.5 26.0 -18.5* Somerset -9.5* 15.7 25.2 -16.7* Mercer 6.7 23.4 -14.8* Cape May 8.3 23.1 -15.0* Cumberland 7.7 22.7 -10.1* Passaic 12.2 22.3 -14.2* Salem 6.6 20.8 -15.1* Middlesex 5.4 20.5 -16.1* Hunterdon 4.1 20.2 -17.2* Bergen 1.3 18.5 -13.4* -12.4* Monmouth 5.1 18.5 Atlantic 5.6 18.0 -11.2* Ocean 6.8 18.0 -11.7* Camden 4.7 16.4 -7.3* Sussex 7.9 15.2 -9.9* -1.5 Gloucester 4.1 14.0 Morris 9.1 10.6 0 5 10 15 20 25 30 35 Percentage of Defendants Detained (%) 8

9. Little effect on pretrial arrests Effects on Pretrial Arrests There were no meaningful differences in rates of pretrial re-arrest. Source: New Jersey Judiciary 2018. 9

10. Key Findings Reduced arrests for low-level charges CJR was implemented statewide as planned and results show it is effective. Money bail almost never set Proportion of criminal complaints issued on a summons higher (similar to DAT in N.Y.) and complaint-warrants lower Defendants spent less time in jail and the statewide jail population significantly lower More people released pretrial without conditions (monetary or supervision) No meaningful increase in re-arrest or failure to appear

11. New Jersey vs. New York Reform Components New York New Jersey o Some monetary bail for eligible offenses o Virtually no monetary bail o Charge-based o Risk-based o Limited judicial discretion for bail and remand o Judicial discretion for preventive detention o Flight risk only o Flight risk and risk of re-arrest, violence o Speedy trial not part of reform o Speedy trial laws added Supervised release expanded Supervised release established

12. Implications for bail reform in New York? Evaluation needed in New York. Trends since bail reform: Research is needed in NY. Less jail detention Trend pre-reform COVID No evidence about the relationship to crime increase yet. Seems unlikely given New Jersey, other jurisdictions. Fewer arrests for misdemeanors/low level offenses Causality not tested COVID, anti-police sentiment Different kinds of cases (pre/post) Additional challenge to disentangle COVID effects. Rise in violent crime Relationship? National pattern Prior evidence Supervised Release Fewer dismissals and pleas led to longer pretrial period vs. bail/detention Direct comparisons may not be valid Implications for rearrests with open cases COVID also led to longer pretrial periods 12