The Legal Aid Society is raising concerns that a lack of permanent address is keeping New Yorkers unnecessarily incarcerated, as reported by City Limits.

Marie Ndiaye, Supervising Attorney in The Legal Aid Society’s Decarceration Project, explained that judges are more likely to set bail for homeless individuals because they are perceived as having fewer community ties and as a higher risk to miss court appearances. However, housing status is not a factor the courts should be considering.

“Being unhoused should not influence the court’s decision to set bail,” said Ndiaye. “The current bail law allows judges to set bail only if they find that the person before them is a risk of flight to avoid prosecution, not because they may miss a court date. Being unhoused certainly comes with obstacles that can make appearing in court difficult, but it can’t serve as a proxy for a finding that someone is intentionally fleeing the law.”

The issue has come to the forefront due to the ongoing humanitarian crisis unfolding on Rikers Island, twelve people have died in Department of Correction custody already this year. It is imperative that as many New Yorkers as possible are removed from the dangerous situation in City jails, a permanent address cannot be the factor that delays their release.