Ensuring that the criminal justice system works fairly for everyone

BY MELISSA MARK-VIVERITO

Last year, an average of 174 individuals entered our city’s jails every day — 63,000 detainees over the course of a year. The overwhelming majority of these people – mostly young men of color – are there because they are too poor to afford bail.

These individuals are hidden in impenetrable facilities, their plight too often overlooked, and they have not been convicted of any crime. This is unacceptable. We on the City Council are dedicated to making New York a more just place to live for everyone, regardless of financial means. That is why we’ve fought so hard to reform our criminal justice system.

We’ve already made great progress. This spring, we passed the Criminal Justice Reform Act (CJRA), which reduces the penalties for low-level, non-violent arrests. By our estimation, this means 10,000 fewer people a year will get a criminal record, there will be 50,000 fewer warrants and fewer people will end up in Rikers. The CJRA will create a fairer criminal justice system while also ensuring public safety.

In addition, we’ve allocated funds to create a citywide bail fund, passed legislation to ensure more transparency at Rikers, and created an Office of Transition Services to ensure New Yorkers who have been detained or paid their debt to society can get back on their feet.

But we have more to do. Recently, I proposed legislation that shows that even smaller reforms can make a big difference.

Inmates who cannot afford to post bail may find themselves in court wearing their jail uniforms, where they face obvious discrimination, particularly in the grand jury process. Furthermore, inmates sent home after their pretrial cases are dismissed or who are sentenced to time served, are released in their jail uniforms, even in winter. So bringing an inmate to court in “street clothes” is not just about fairness in the judicial process, it’s also about treating New Yorkers with humanity.

We can also improve the efficiency of the justice system by requiring that DOC transport inmates to all their criminal court appearances, not just the cases they’re in custody for. This will speed up case processing time, and prevent lengthy delays that cause inmates to miss out on receiving credit for the time they are actually in jail.

Finally, too often the friends and family of those who are detained are living in poverty. Charging these individuals a three percent bail fee even where defendants make all their court appearances is a needless tax on the poor.

We continue to advocate for broader reforms to create lasting change within the justice system. The commission I established earlier this year to examine issues related to pretrial detention and community-based jail facilities continues to work diligently towards producing a blueprint for long-term reform in our city’s jails, so that one day we may make the dream of closing Rikers a reality.

That commission is now soliciting public input on its work at morejustnyc.com. These efforts, in conjunction with CJRA and other important legislation passed by the Council, will create a more fair criminal justice system.