New Jersey’s wide-ranging bail reform legislation that all but eliminated cash bail has resulted in a 20 percent reduction of statewide jail population in the first year of its enactment. California just passed legislation that will completely do away with the monetary bail system, the first of its kind in the nation, starting Oct. 1, 2019.

Many of the achievements of these reform acts are already well-known. Andre Vitale, a New Jersey public defender, says:

I believe the [New Jersey] bail reform Legislation is the best solution …

The only crime for which there is a presumption of imprisonment in NJ … are crimes that carry a potential life sentence. For all other crimes there is a presumption of release, which the State must overcome.

If pre-trial recommends that a person be detained, the Prosecutor must file a motion for detention, stating their basis to overcome the presumption. That motion is heard before a Judge and the defense has the right to full discovery prior to that detention hearing. The defense can adjourn the hearing to conduct investigation and call witness for the hearing to challenge probable cause or the detention motion. The defense has an automatic right to direct appeal of a pre-trial detention decision …

Less than 20% of the clients I represent in NJ are held in jail, whereas in NY, that number was well over 50%.