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October 21, 2013 Workshop Session II, 11:30-12:45 BAIL DECISIONS IN NEW YORK

NYAPSA New York Association of Pretrial Service Agencies. October 21, 2013 Workshop Session II, 11:30-12:45 BAIL DECISIONS IN NEW YORK. CJA. NEW YORK CITY CRIMINAL JUSTICE AGENCY, INC. Jerome E. McElroy Executive Director. Mary T. Phillips, Ph.D. Deputy Director of Research, CJA.

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October 21, 2013 Workshop Session II, 11:30-12:45 BAIL DECISIONS IN NEW YORK

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  1. NYAPSA New York Association of Pretrial Service Agencies October 21, 2013 Workshop Session II, 11:30-12:45 BAIL DECISIONS IN NEW YORK

  2. CJA NEW YORK CITY CRIMINAL JUSTICEAGENCY, 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

  3. 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.

  4. PART 1HOW NEW YORK CITY COMPARESWITH OTHER LARGE U.S. CITIESSource for national data: 2006 State Court Processing Statistics (SCPS)A sample of felony casesfrom 75 of the largest urban countiesSource for NYC data: CJA2006 arrests

  5. 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) 2006 State Court Processing Statistics (SCPS)

  6. 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) 2006 State Court Processing Statistics (SCPS)

  7. How New York City Compares With Other Large U.S. Cities (Felony cases) (C) Bail amount Mean and median bail amount set at arraignment 2006 State Court Processing Statistics (SCPS)

  8. How New York City ComparesWith Other Large U.S. Cities (Felony cases) (D) Pretrial misbehavior FTA Re-Arrest Felony Re-Arrest 2006 State Court Processing Statistics (SCPS) (Only Bronx, Brooklyn, and Manhattan are included in NYC)

  9. PART 2MISDEMEANOR & LESSER OFFENSES Bail, release, & detentionin New York CitySource: CJA2012 arrests

  10. Misdemeanors & Lesser Offenses New York City (A) Release at arraignment • 24,570 cases were continued with a defendant who was held on bail at arraignment • 2,981 were able to post bail at arraignment (11% of cases with bail set) Held on bail 20% Made bail 2% N = 125,806 Cases continued past arraignment in Criminal Court CJA 2012 annual dataset

  11. Misdemeanors & Lesser OffensesNew York City (B) Release prior to disposition • Among those not released at arraignment, more than half stayed in jail until the case was disposed. Released pretrial, 46% NOT released pretrial, 54% N = 24,570 Cases with a defendant who was held on bail at arraignment CJA 2012 annual dataset

  12. Misdemeanors & Lesser OffensesNew York City 2012 Arrests (C) Detention length Median number of days N = 24,570 N = 13,238 N = 11,332 CJA 2012 annual dataset

  13. Misdemeanor & Lesser OffensesNew York City(D) Bail amount • All cases with bail set (N=23,799) 83% 68% 30% CJA 2012 annual dataset

  14. Misdemeanor & Lesser OffensesNew York City(E) Release For Bail set $500 or less (N=7,029) Median length of detention = 5 days CJA 2012 annual dataset

  15. Misdemeanor & Lesser OffensesNew York City(F) Why was bail set? N = 24,570 Cases with a defendant who was held on bail at arraignment

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