The majority of people in local jails around the country are awaiting their criminal trial. This means they have not been convicted of the crimes that brought them in. Many also do not pose a danger to public safety, nor a significant risk of flight, but remain in custody because they cannot afford bail or bond—making incarceration a fact of financial ability, not of safety.
In fact, keeping those in jail who could be better served in the community can cause long-term instability. Well-established research demonstrates the harms of pretrial detention, including worse criminal legal system outcomes, disruption in employment, poorer mental and physical health, and strained social and familial relationships (Turney and Conner 2019). Unnecessarily overcrowding jails also means those who actually do need attention—especially for risk factors such as mental health, substance use, and housing instability—aren't given the resources they need to avoid landing back in jail.
Given this research, cities and counties involved in the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge (SJC) have engaged in collaborative, multi-agency efforts to safely shrink their local jail populations and increase equity across the system. This includes using resources to promote fairer and more just pretrial decision-making, address the needs of system-involved people, and establish a robust array of alternative options.
These efforts have yielded impressive results: in these SJC cities and counties, nearly 18,000 fewer people are in jails today compared to the start of the initiative. This reduction was driven largely by fewer people being booked into jail (Measuring Progress: Jail Populations, 2024). Progress has been slower on reducing racial and ethnic disparities, though in many sites there are fewer people of color in jail than there were prior to the start of the initiative (see Measuring Progress: Disparities, 2024). Importantly, SJC research has established that throughout nearly a decade of the initiative, people released pretrial were no more likely to return to jail than before the SJC, including for violent crime (see Measuring Progress: Returns to the Community, 2024)—demonstrating that data-driven and cross-agency collaborative planning efforts can lead to positive outcomes for individuals while keeping communities safe.
These efforts have yielded impressive results: in these SJC cities and counties, nearly 18,000 fewer people are in jails today compared to the start of the initiative.Since the SJC launched in 2015, the Institute for State & Local Governance at the City University of New York (CUNY ISLG) has served as the national intermediary for the Initiative, as well as the primary data and analytic partner to participating cities and counties. Through this work, CUNY ISLG has collected rich data from SJC sites that inform effective, data-driven strategies that support the goal of reducing the misuse and overuse of jails and eliminating racial and ethnic disparities in jails. Overall, many jurisdictions have been successful at safely reducing their jail population and, subsequently, reducing the harm that comes with incarceration across all racial and ethnic groups. Despite this, disparities persist, as many jurisdictions saw declines in jail population that were steeper for white individuals compared to Black, Indigenous, and People of Color (BIPOC).
While metrics focused on reductions in the overall jail population are important, they alone do not present the full picture of progress in these jurisdictions. Equally important is understanding how the population has changed —that is, who gets booked into jail and how long they stay—as cities and counties implement strategies to advance their goals. At the core of the SJC mission is the idea that not only should jail incarceration be reduced, but that it should be used only when necessary. This means reserving pretrial detention for people who either pose a significant risk to community safety or seek to evade justice; and for those individuals, ensuring that their criminal cases move through the court as efficiently and swiftly as possible.
Equally important is understanding how the population has changed —that is, who gets booked into jail and how long they stay—as cities and counties implement strategies to advance their goals.So, to answer this important question of how jail reduction strategies have changed the way SJC cities and counties1 use jails beyond the overall volume of people who are incarcerated, CUNY ISLG analyzed individual-level jail data from five participating counties to explore trends in three key indicators:
- Who gets booked into jail;
- How they are released from custody (e.g., money bond, pretrial supervision);
- How long they stay.
We also examine whether change in these domains varied for different racial and ethnic groups. The sites included in this analysis are Allegheny County, PA; Charleston County, SC; Palm Beach County, FL; New Orleans, LA; and Pima County, AZ. This brief presents the findings from the analysis.
Jails were being used more judiciously, with substantially fewer
people booked for lower-level and/or administrative charges.
Compared to 2015 (the year before SJC cities and counties began fully implementing strategies to reduce the misuse and overuse of jail), fewer
individuals were booked into jails for administrative reasons with
no new criminal charges, such as missing an appointment with a
probation officer or not showing up for a court hearing. As a
result, the share of bookings that have a new criminal charge
increased over time (from between 64 percent-82 percent across sites
pre-SJC to between 72 percent-91 percent in 2023). Further, the
share of bookings involving felony crimes increased over time in
most study sites (up by nearly 7 percent, on average, from pre-SJC),
as jurisdictions found more effective and judicious ways of handling lower-level,
non-violent crimes.
Among those who were booked, a greater proportion of people were
released while their court cases were pending.
Over time, the proportion of people released from custody on a
pretrial status—as their cases made their way through
court—increased from 52 percent to 59 percent of all people
released. This increase was likely influenced by the implementation of pretrial strategies to reduce the reliance of monetary payment where community safety and flight risk were not present, and to increase pretrial supervision programs to allow for some higher-risk individuals to be released with additional community supports and oversight. These types of policy and practice changes allowed more individuals to
return to their
communities, families, employment, schools, and local service
providers regardless of financial ability.
People who were booked into jail on felony charges stayed for
shorter periods of time.
In most study sites, those booked into jail on felony charges in
2023, after SJC implementation, spend less time in jail on average
than those booked before the SJC began. Increasing the ability to
safely release people to the community lessens the harms and burdens
that unnecessary detention has on individuals. While the number of
people booked for misdemeanor charges declined over the course of
the SJC, their time spent in custody remained fairly steady over
time.
Racial and ethnic disparities persist even as bookings declined
across racial and ethnic groups.
Broadly, white people saw steeper reductions in the number of bookings over time than Black people. As a result, Black people represent a growing share of the jail population in some sites. However, there were some findings indicating that disparities were lessening, with data showing increases in the proportion of Black individuals booked on new criminal charges (indicating fewer admissions into jail for administrative violations alone) and steeper decreases in time spent in jail custody compared to white individuals.
This study demonstrates that SJC counties have made progress towards fairer and more equitable uses of their jails by: reserving jail space for those who may pose a threat to community safety or are flight risks; finding safe ways to release more individuals while their cases are pending; and decreasing time spent in jail. While these positive trends were broadly experienced by all racial and ethnic groups, findings indicate that on average, progress was more pronounced for white individuals, resulting in continued racial and ethnic disparities in bookings and length of stay. This illuminates the need for more intentional, data-driven, and targeted work to better identify disparity inflection points and develop strategies that specifically center impact on the racial and ethnic population(s) that is overrepresented.
CUNY ISLG collects case-level data on all cases and people that pass through the jails in SJC implementation sites (see CUNY ISLG brief ‘Turning Local Data into Meaningful Reforms’ here for more details). Researchers examined five diverse participating jurisdictions for this brief: Allegheny County, PA; Charleston County, SC; Palm Beach County, FL; New Orleans, LA; and Pima County, AZ. The analysis for each site used longitudinal jail booking and release data, drawing six-month samples of bookings into custody in two-year increments to examine how populations evolve over time. In each period, researchers examined bookings between January 1st–June 30th in each of the following years: 2015, 2017, 2019, 2021 and 2023.2 Each time frame reflects different “stages” of participation in the SJC initiative—pre-reform, early implementation, later implementation, mid-COVID-19 pandemic, and post-pandemic (see Implementation Timeline). These data explore how the use of jails—that is, who gets booked and how long they stay—has changed as sites have undertaken jail decarceration reform.
These data explore how the use of jails—that is, who gets booked and how long they stay—has changed as sites have undertaken jail decarceration reform.The varied and less steep changes in lengths of stay compared to the stark decrease in volume of bookings across sites motivates the exploration of who is being booked into jails. For instance, if the decline in bookings over time was primarily driven by reductions in bookings for low level offenses—cases more likely to result in relatively quick pretrial release on nonfinancial conditions or with low bail—sites might expect to see less change in overall average lengths of stay, as the remaining jail population would increasingly consist of bookings for more serious criminal allegations that are less likely to obtain pretrial release. Using the case-level data from these five SJC jurisdictions, CUNY ISLG sought to better understand the effects of jail reduction strategies on the composition of each site’s jail population and on ALOS for various booking and charge types.
Trends among misdemeanor bookings were more varied. Pima and Charleston counties showed notable decreases in the proportion of misdemeanor-related bookings, Palm Beach and Allegheny showed slight decreases, and New Orleans showed a slight increase. New Orleans’ increase in both the proportion of felony and misdemeanor bookings was due to a notable decrease in their “other” charge type category (i.e., sub-misdemeanors, such as ordinance violation or administrative charges; data not shown).
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There were no clear trends across these five sites when examining specific types of administrative bookings (e.g., violations, warrants, and holds) or for sentence-related bookings (usually those entering to serve a local jail sentence). However, there were interesting findings within specific study sites.
Charleston County: The proportion of bookings involving a warrant-related charge (e.g., failure to appear or comply) decreased by almost half between the Pre-SJC and 2023 booking cohorts (19 to 10 percent). Although some emergency measures aimed at mitigating the spread of the COVID-19 virus in jails and courts, such as a temporary halt on issuing bench warrants for failure to appear/comply at the onset of the pandemic, may have affected the decline between 2019 and 2021, the share of warrant bookings had started a downward trend well before COVID-19, namely in 2017 and continued falling with a slight uptick in the 2023 cohort. Despite the decrease in the volume and proportion of warrant bookings over the years, the ALOS for this type of booking increased between Pre-SJC to 2023 from 21 to 32 days.
Allegheny County: Allegheny County experienced a substantial jump in the share of bookings associated with warrants throughout the SJC periods increasing from eight to 27 percent between the Pre-SJC and 2023 cohorts. Moreover, the increase in the proportion of warrants-related bookings started well before the COVID-19 pandemic (it had already reached 19 percent in 2019) and continued increasing thereafter. The ALOS for warrant-related bookings also decreased over these time cohorts from 38 to 27 days (Pre-SJC to 2023).
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Charleston: The share of misdemeanor-level bookings in Charleston County’s jail population declined by 10 points between pre-SJC and 2023 (71 to 61 percent), as the share of felony bookings grew. The average number of days spent in custody among individuals booked on misdemeanors remained fairly steady at around eight days, with the exception of an increase to 12 days in 2019 before declining again. The County implemented two law enforcement strategies that likely contributed to the decrease in the share of misdemeanor bookings. The first was a diversion strategy implemented by the largest law enforcement agencies in the County which by and large targeted misdemeanor charges associated with warrants. The second was a cite and release strategy aimed at reducing bookings for some lower-level offenses.
New Orleans: In New Orleans, there was an increase over time in the share of both felony bookings (up 8 percent) and misdemeanor bookings (up 4 percent). However, the share of individuals booked on “other” charge types (neither felony nor misdemeanor)—largely municipal criminal offenses such as property damage, trespassing, and public intoxication—decreased from nearly a quarter of all bookings pre-SJC to 11 percent in 2022. The average number of days spent in custody among individuals booked on felonies decreased from 42 to 37 days by 2022, while the misdemeanor ALOS showed more fluctuation, with a low of four days in 2019, a high of 13 days in 2021, and falling to seven days by 2022. The “other” charge type ALOS remained fairly steady across time.
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Pima: While nonfinancial pretrial releases increased from 43 percent of all releases in 2015 to almost half (49 percent) in 2021, it quickly declined back to the same level by 2023. Moreover, not all nonfinancial subset categories followed the same pattern. The proportion of releases representing those released on recognizance declined from 37 to 25 percent between the pre-SJC and 2023 cohorts, while the share of supervised pretrial releases increased from six to 19 percent in the same period. The associated ALOS for nonfinancial pretrial releases remained fairly steady at between three and five days. The increase in pretrial supervision releases was likely impacted by pretrial service strategies implemented as part of the SJC initiative to expand the use of the pretrial screenings and assessments (often with supervision recommendations attached).
New Orleans: Pretrial releases where bond or cash bail was set to secure release from custody increased from 27 percent of all releases in the Pre-SJC cohort to nearly half (48 percent) in the 2022 cohort. This occurred as releases resulting in no further action (e.g., charges dismissed, court order release) sharply declined from about half of all releases in the pre-SJC cohort to under a third in the 2022 cohort. The increase in bail/bond releases may have been influenced by the expansion of the use of their pretrial risk assessment to include all felony cases. Prior to this, judges did not have a tool to rely on to assess risk and often set high bail/bond amounts for felony cases which often resulted in pretrial detention rather than release.
The associated ALOS for both bail/bond and no action releases did not show notable changes when comparing pre-SJC and 2022, however those released on bail/bond in the 2019 booking cohort spent an average of 12 days in jail, compared to between seven and eight days in all other time periods.
The impact of declines in ALOS for felony bookings is somewhat obscured when examining changes in the overall ALOS, which show much smaller declines (Figure 2). This may be explained by the shifting composition of who gets booked into jail, and how this influences measures of overall length of stay. In general, felony-level bookings have longer lengths of stay, and as these types of bookings become a greater proportion of those booked in to jail, overall ALOS increases. Misdemeanor and lower-level offense bookings have comparatively shorter lengths of stay, on average, as these individuals can more easily secure release on nonfinancial or low-bail pretrial conditions or have their cases dismissed. Since lower-level bookings have become less common, the remaining bookings into jail reflect more serious cases involving more severe offenses. This dynamic likely explains the smaller changes in overall ALOS, relative to the declines seen for felony-level bookings.
Since lower-level bookings have become less common, the remaining bookings into jail reflect more serious cases involving more severe offenses.Trends in misdemeanor ALOS were more stable over time. ALOS for misdemeanors remained fairly steady (+/- 1 day over time) in four of these sites, with ALOS ranging from 7-8 days in two sites and 4-5 days in two others between pre-SJC and 2023. However, Allegheny saw a decrease in ALOS from 36 to 31 days between the pre-SJC and 2023 cohorts.
Additional Information on Transfers
Figures 10 and 11 Individuals who are being released or transferred to a third party (such as to a prison or another county) tend to make up a relatively small proportion of all releases in jails. However, these releases are often associated with very long lengths of stay in custody. These longer lengths of stay are often driven by administrative delays like waiting for a third party to pick up the individuals from the jail for transfer to prison, or another county, for example. These delays may have adverse impacts for those awaiting transfer to state prison or hospitals, as jails often have limited rehabilitative services and supports available compared to other treatment or state correctional institutions that serve sentenced populations. For local jurisdictions, delays in transfer take up scarce jail bed space, which lowers local jurisdictions’ ability to serve incoming populations effectively.
While the proportion of transfer releases in these sites remained relatively stable across the time cohorts, their associated ALOS dropped substantially in four of the five study sites by 2023. For example, transfer releases represented less than 10 percent of all releases in Charleston County over the time cohorts, but the ALOS for people released to other agencies decreased by more than two months—from 126 days in the pre-SJC booking cohort to 62 days in the 2023 cohort.
In most sites, Black individuals saw a larger increase than white individuals in the proportion of bookings that involved new criminal charges from pre-SJC to 2023. While both groups experienced a shift away from bookings involving only administrative matters or technical violations, the shift was more pronounced among Black people between the pre-SJC period and 2023—with the exception of Allegheny County.
Bookings involving felony-level charges increased more for Black people than for white people across most sites. In three of the five sites (Charleston, New Orleans, and Palm Beach), the proportion of bookings involving felony charges increased more for Black people than for white people between pre-SJC and 2023. In Pima, the increases were comparable across groups; in Allegheny, no change was seen over time across groups. Similarly, these findings coincided with steeper declines in misdemeanor bookings for Black people, on average, compared to white individuals (ISLG’s analysis showed misdemeanor bookings declined by an average four percentage points across sites for white individuals, compared to an average decline of seven percentage points for black individuals).
The proportion of those released on a pretrial status increased among both Black and white people in most sites, but with variable patterns. In two of five sites (Charleston and New Orleans), Black people saw greater increases in the proportion released on a pretrial status compared to white people, while in two other sites (Allegheny and Pima) no change in between-group differences was seen. In Palm Beach, the proportion of white people released on a pretrial status grew faster than the proportion of Black people. Data not shown.
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Palm Beach: The proportion of Latine individuals being booked into jail has increased slightly from 13 percent in the pre-SJC booking cohort to 17 percent in the 2023 cohort. However, the average number of days in custody for this group of individuals declined by more than two weeks—from 38 to 22 days between the earliest and latest periods. The Latine population also experienced an increase in pretrial releases over time from 50 percent pre-SJC to 62 percent in the 2023 booking cohort—the largest increase among all race/ethnicity groups. This occurred as the proportion of Latine people released for transfer to another authority (e.g., state prison) decreased from 25 percent pre-SJC to 14 percent in the 2023 cohort.
Pima: Pima County had the most diverse population of these five sites, including both a notable Latine and Indigenous population. While these two groups did not show changes in their overall representation in bookings over these time cohorts (about 42 percent Latine and seven percent Indigenous), the average length of stay that these groups spent in custody did increase more than the change in the overall ALOS. The ALOS for Latine individuals increased from 23 to 33 days between the pre-SJC and 2023 cohort and the ALOS for Indigenous people doubled—from 16 to 33 days. Further, when examining booking trends by top charge, Indigenous people saw the largest decline in the proportion of misdemeanor bookings across all available race and ethnicity groups—decreasing from 75 percent Pre-SJC to 44 percent in the 2023 cohort. Indigenous people saw a decrease from four to 15 percent, while their associated ALOS increased from six to 14 days.
Looking at data across eight years since the SJC initiative began, SJC cities and counties have made great progress towards reducing the footprint of jails in communities across the county. In this brief, CUNY ISLG explored how the use of jails has changed over the course of the initiative—examining both who gets booked into jail and how long they stay. Although reducing overall jail populations is a crucial metric of success for the initiative, it is equally important that those reductions are achieved in a just, fair, and equitable manner, and in such a way that reserves scarce jail resources for those who are at most risk of harm to themselves or others.
To that point, it is critical to understand how these jurisdictions are doing the work. CUNY ISLG researchers found that jurisdictions have reduced populations primarily by shifting away from using jails for those with low-level charges and administrative violations, and by expanding pretrial release. It is important to note that system changes implemented under the SJC to increase pretrial releases were all designed with community safety at the forefront. Importantly, related CUNY ISLG research finds that even as more individuals were released prior to their cases being resolved, they were no more likely to be rebooked into jail on a new crime than those who were released prior to SJC reforms being implemented—indicating that SJC reform efforts focused on reducing the footprint of jails are able to do so without jeopardizing public safety.
While these findings represent promising strides in reducing the footprint and associated harms of jail detention on individuals and communities, there are still challenges that face these SJC jurisdictions and communities like theirs around the nation. Disparities persist even as sites experienced reductions in bookings for all racial and ethnic groups. Broadly, white individuals saw steeper declines than Black individuals in bookings, both overall and within most subcategories examined here, resulting in jail populations with a higher proportion of Black individuals and a shrinking white population. More intentional, data-driven, and targeted work is needed to better identify disparity inflection points and develop strategies that specifically center impact on the racial and ethnic population(s) that is overrepresented, while continuing to maintain community safety. Additionally, given the systemic nature of inequities and the interconnectedness of the jail’s policies to the policies, processes, and decisions made outside jail walls, meaningful and sustainable change requires collaboration across criminal legal system agencies and with community members, stakeholders, service providers, and organizations.
Finally, while this brief drew out compositional trends that were similar across multiple sites, there were many important and interesting trends specific to individual sites, as exemplified in Boxes 1-4. Therefore, as cities and counties work to improve their local criminal legal systems, it is essential to examine data and policies at the local level to better understand the drivers of change and identify where future efforts will be most impactful towards a more just and fair system.
We want to extend thanks to our partners at the MacArthur Foundation, especially those who work on the Safety and Justice Challenge (SJC). This project would not be possible without their commitment to using data to safely reduce the mis- and over-use of jails across the country.
We are also grateful to the criminal legal stakeholders in SJC cities and counties who we closely collaborate with to develop, track, and evaluate reform strategies and jail data.
PROJECT CREDITS
Writing: Emily West, Senior Research Associate; Rebecca Tublitz, Senior Research Associate; Otgonjargal Okhidoi, Research Associate; Brandon Martinez, Research Associate
Research and Advisement: Stephanie Rosoff, Associate Research Director; Reagan Daly, Research Director
Editing: Alisa Orlowsky, Communications Associate; Carla Sinclair, Senior Communications Associate
Web Development and Communication Design: Alisa Orlowsky, Communications Associate
Data Visualization: Emily West, Senior Research Associate; Brandon Martinez, Research Associate; Otgonjargal Okhidoi, Research Associate
Web Design Template: Design for Progress