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Shelby County District Attorney Responds to University of Memphis Bail Report: “Data Tells the Real Story About Bail Reform”

Shelby County, TN – In response to a new comprehensive report from the University of Memphis’ Center for Community Research and Evaluation (CCRE), Shelby County District Attorney Steve Mulroy issued the following statement, commending the data-driven study and clarifying the impact of recent bail reform:

“The CCRE study of our bail system is very revealing. It confirms that local bail procedure changes in Shelby provided more fairness without compromising public safety.

The data show that giving people a fair hearing, access to legal counsel, and reasonable bail amounts hasn’t led to more dangerous individuals being released, nor has it led to more crime or higher failure-to-appear rates. In fact, crime has gone down since these changes were implemented.

And the study finds that so-called ‘get tough’ laws had little to no effect—and may have had unintended consequences, hitting low-level offenders harder than serious ones.

In a time where misinformation can spread quickly, it’s more important than ever to focus on the facts. And the facts here are clear: smart, evidence-based reform works.”

The CCRE report, released this week, provides a rigorous, 37-page analysis of bail trends in Shelby County, examining the effects of:

  1. The Standing Bail Order and new court procedures beginning February 2023 (pp. 7–9, 34)

  2. HB 1642, making public safety, already a factor in bail decisions, the first factor (effective July 2024) (pp. 1, 13)

  3. HB 1719, prohibiting courts from considering a defendant’s ability to pay when setting bail (effective May 2024) (pp. 13–14)

Among the report’s key findings:

  • Bail reform did not lead to an increase in releases without bail (“RORs”) or lower bail amounts for serious crimes (p. 8)

  • There was no increase in rearrests, repeat offenses, or failure-to-appear rates following bail reforms (pp. 33–34)

  • Reforms increased access to counsel and judicial review, bringing the county in line with constitutional requirements (pp. 6–7)

  • The two 2024 “tough on bail” laws had no significant effect on bail outcomes—and may have inadvertently impacted low-level offenders more than serious ones (pp. 13–14)

Separately factoring in crime rate data, one can also conclude:

  • Public safety improved, with crime in Memphis and Shelby County declining for five consecutive quarters after the reforms began (p. 34)

“The findings of this study are consistent with national research,” said DA Mulroy. “Across the country, jurisdictions that have adopted bail reform responsibly have not seen a rise in crime. Instead, they’ve made bail more affordable and fair—particularly for those accused of nonviolent offenses—without putting the public at greater risk.”

The DA’s Office supports evidence-based approaches to criminal justice policy and continues to work with local and state leaders to ensure the system is both effective and equitable.

 

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