Should Philadelphia Count on an Algorithm for Bail Reform?

As is the case in many cities, jails in Philadelphia are overcrowded and full of people who have been found guilty of nothing. These people are behind bars because they cannot afford to pay bail, a circular problem that is costing the city millions. The city is currently holding about a thousand inmates over the capacity of its jails, and more than half of these individuals have not been found guilty of a crime, according to Newsworks.

In an effort to release more of that pre-trial inmate population, Philadelphia lawmakers are debating employing a new risk-assessment algorithm, which would determine who should be released and how high bail amounts should be set.

Proponents of the new program argue that a data-driven system would be fairer than the subjective decisions of bail commissioners. But critics contend that the algorithm is not the best solution to this problem, and could unfairly deny release to individuals because of policing patterns in the neighborhoods they happen to be from.

Opponents claim the algorithm’s apparent weighing of factors, including past arrest records, age, gender, and employment history, could penalize individuals based on characteristics beyond their control, or on mistakes made years ago.