New York State's Bail Elimination Act of 2019: a retrospective mental health impact assessment

• Published in: Impact assessment and project appraisal 2023-11, Vol.41 (6), p.430-443
• Main Authors: Pope, Leah G., Pohl, Daniel J., Ehntholt, Amy, Boswell, Tehya, Ford, Elizabeth, Rotter, Merrill, Compton, Michael T.
• Format: Article
• Language: English
• Subjects: Assessments; Bail; Bail reform; Criminal justice; Criminal justice system; Decision making; Detention; Elimination; Health disparities; Health impact assessment; Health status; Impact analysis; Judicial system; Legal reform; Legal system; Literature reviews; Mental health; mental health impact assessment; Policy making; Pretrial; Pretrial detention; Pretrial procedure; social determinants of health; Social factors
• ISSN: 1461-5517; 1471-5465
• DOI: 10.1080/14615517.2023.2260512

Pretrial detention is associated with negative health and mental health outcomes but new policies that limit its use rarely cite the impact that such changes could have on individual or family-level mental health. This paper describes the potential of mental health impact assessments to be used as a tool in policy decision-making about criminal legal system reforms. An abbreviated, retrospective mental health impact assessment of New York State's Bail Elimination Act of 2019 was undertaken based on a review of literature to illustrate how reducing pretrial detention impacts social determinants of health and, in turn, mental health. Evidence is presented about the known effects of pretrial detention on eight social determinants of health and the impacts of those on mental health. The evidence demonstrates that policy decisions have important mental health implications that should be considered as part of the deliberative process. This review supports the use of mental health impact assessments to engage communities, inform policy, and address historical inequities in the criminal justice system in order to reduce the consequent mental health disparities.