October 21, 2013
Workshop Session II, 11:30-12:45
BAIL DECISIONS IN NEW YORK
CJANEW YORK CITY CRIMINAL JUSTICE AGENCY, INC.
Jerome E. McElroy
Executive Director
Mary T. Phillips, Ph.D.
Deputy Director of Research, CJA
To download reports:
www.nycja.org/research/research.htm
mphillips@nycja.org
Statutory Framework
Public Safety
4 states have no requirement that courts consider
public safety when setting bail: NY, CT, MS, MO
• In DV cases only, NY courts must consider a violation of an
order of protection & prior weapon possession.
Preventive Detention
28 states do not authorize preventive detention (denial
of bail in non-capital cases to address public safety
concerns): NY & 27 other states
• NY & PA allow denial of bail in felony cases to ensure court
attendance; 5 other states (of the 28) allow denial of bail
under very restrictive conditions.
PART 1
HOW NEW YORK CITY COMPARES
WITH OTHER LARGE U.S. CITIES
Source for national data:
2006 State Court Processing Statistics (SCPS)
A sample of felony cases
from 75 of the largest urban counties
Source for NYC data: CJA
2006 arrests
How New York City Compares With
Other Large U.S. Cities (Felony cases)
(A) Release Rates
Percent released
Type of release
(% of all continued cases)
(% of released pretrial)
77%
72%
58%
55%
45%
28%
NYC
Nationwide
Nonfinancial
NYC
Financial
Nationwide
2006 State Court Processing Statistics (SCPS)
How New York City Compares
With Other Large U.S. Cities (Felony cases)
(B) Type of release
Type of non-financial release
Type of financial release
(% of non-financial release)
(% of financial release)
100%
77%
62%
27%
0%
ROR
0%
11%
Conditional Unsecured
bond
NYC
Nationwide
76%
24%
9%
Commercial
bond
Cash bail
NYC
2006 State Court Processing Statistics (SCPS)
0%
14%
Deposit
bond
Nationwide
How New York City Compares
With Other Large U.S. Cities (Felony cases)
(C) Bail amount
Mean and median bail
amount set at arraignment
Mean
Median
$12,071
$55,500
$4,000
$10,000
NYC
Nationwide
2006 State Court Processing Statistics (SCPS)
How New York City Compares
With Other Large U.S. Cities (Felony cases)
(D) Pretrial misbehavior
FTA
Re-Arrest
Felony Re-Arrest
30%
20%
18%
18%
13%
NYC
Nationwide
2006 State Court Processing Statistics (SCPS)
(Only Bronx, Brooklyn, and Manhattan are included in NYC)
11%
PART 2
MISDEMEANOR & LESSER
OFFENSES
Bail, release, & detention
in New York City
Source: CJA
2012 arrests
Misdemeanors & Lesser Offenses
New York City
(A) Release at arraignment
ROR,
78%
Held on bail
20%
N = 125,806
Cases continued past
arraignment in Criminal Court
• 24,570 cases were
continued
with
a
Made bail
defendant who was held
2%
on bail at arraignment
• 2,981 were able to post
bail at arraignment (11%
of cases with bail set)
CJA 2012 annual dataset
Misdemeanors & Lesser Offenses
New York City
(B) Release prior to disposition
• Among those not
released at
arraignment, more
than half stayed in
jail until the case
was disposed.
CJA 2012 annual dataset
Released
pretrial,
46%
NOT
released
pretrial,
54%
N = 24,570
Cases with a defendant who was
held on bail at arraignment
Misdemeanors & Lesser Offenses
New York City 2012 Arrests
(C) Detention length
Median
number of
days
All not released at
arraignment
6
Never released prior to
disposition
Detained at arraignment &
released pretrial
N = 24,570
16
4
N = 13,238
N = 11,332
CJA 2012 annual dataset
Misdemeanor & Lesser Offenses
New York City
(D) Bail amount
• All cases with bail set (N=23,799)
100%
80%
60%
over $2,000
83%
$1,001 to $2,000
68%
$501 to $1,000
40%
30%
$500 or less
(excluding $1)
20%
0%
CJA 2012 annual dataset
Misdemeanor & Lesser Offenses
New York City
(E) Release For Bail set $500 or less (N=7,029)
16%
43%
Made bail at arraignment
41%
Released prior to disposition
Not released
Median length of detention
= 5 days
CJA 2012 annual dataset
Misdemeanor & Lesser Offenses
New York City
(F) Why was bail set?
12%
3%
DAT with failure to appear at
first scheduled arraignment
2%
Not recommended for release
10%
Assault or weapon charge
Prior felony conviction
N = 24,570
Cases with a defendant who
was held on bail at arraignment
None of the above
73%