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In February 2021, Illinois became the first state to fully abolish cash bail (set to go into effect in January 2023). In March 2021, the California Supreme Court ruled that people cannot be detained simply because they cannot afford to pay cash bail.
New Jersey experienced steady declines in violent crime in the years after bail reform became effective. Indeed, in the first two years after New Jersey reformed its bail system, violent crime decreased by over 30%.
Under the new risk-based system, access to money will no longer determine pretrial detainment. Defendants with a serious risk of danger or flight can be detained pending trial. Low-risk defendants who can't afford bail will be released.
Under the new law, there is no bail. The New Jersey court looks at whether or not the defendant will appear in court, the community is safe, and whether the defendant will obstruct the criminal justice process. The decision to release or incarcerate the defendant must be made within 48 hours of arrest.
Under the new risk-based system, access to money will no longer determine pretrial detainment. Defendants with a serious risk of danger or flight can be detained pending trial. Low-risk defendants who can't afford bail will be released.
Motzenbecker and Samuel M. Silver on the briefs). Following a ballot question that was approved in the November 2014 general election, the New Jersey Constitution was amended (the Amendment) to substantially eliminate bail for defendants awaiting trial; the Amendment instead substituted a risk-based provision.
Following bipartisan legislation and a constitutional amendment supported by 62% of voters, New Jersey essentially eliminated cash bail and instituted a risk assessment approach in which judges consider community safety and other factors before deciding whether to detain or release someone before trial.
Eight years ago, then-Republican Gov. Chris Christie teamed up with Democrats to pass a major overhaul of New Jersey's criminal justice system, ushering through legislation that made the state among the first in the nation to effectively eliminate cash bail. There was little political uproar.