While perhaps well intentioned, the bail reform act has had drastic consequences for all those involved. There have been numerous cases of those being arrested only to be released and commit another crime. Understandably, there has been a call for repealing the bail reform measures. While this is warranted, the legislature must explore why the law has failed and not implement draconian measures in response to the public outrage.

Clearly, there was not enough contemplation in the implementation of the law. Similarly, when New York State began to close State Psychiatric Hospitals in the 1960s, there were no plans in place to provide mental health services in the community. Consequently, the local jails became the largest inpatient mental health providers in New York. Some local jails became a place where those arrested were afforded an opportunity to have a respite from the community. They were provided food, shelter, medical, mental health and substance abuse treatment. These sources are clearly lacking in the community. It has been suggested that often people commit crimes to find safety and security in jail. Often the knee jerk reaction is to make the jails harder. In response, I am reminded of novelist Fyodor Dostoyevsky, “A society should be judged not by how it treats its outstanding citizens but by how it treats its criminals.”