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October 21, 2013Workshop Session II, 11:30-12:45
BAIL DECISIONS IN NEW YORK
NYAPSANew York Association of Pretrial Service Agencies
Mary T. Phillips, Ph.D.Deputy Director of Research, CJA
To download reports: www.nycja.org/research/research.htm
CJANEW YORK CITY CRIMINAL JUSTICE AGENCY, INC.
Jerome E. McElroyExecutive Director
Statutory FrameworkPublic 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 Detention28 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 1HOW NEW YORK CITY COMPARES
WITH OTHER LARGE U.S. CITIES
Source for national data: 2006 State Court Processing Statistics (SCPS)
A sample of felony casesfrom 75 of the largest urban counties
Source for NYC data: CJA2006 arrests
How New York City Compares With Other Large U.S. Cities (Felony cases)
(A) Release RatesPercent released Type of release(% of all continued cases) (% of released pretrial)
77%
58%
NYCNationwide
Nonfinancial Financial
72%
28%45%
55%
NYC Nationwide
2006 State Court Processing Statistics (SCPS)
How New York City ComparesWith Other Large U.S. Cities (Felony cases)
(B) Type of releaseType of non-financial release Type of financial
release (% of non-financial release) (% of financial release)
Commercial bond
Cash bail Deposit bond
24%
76%
0%
77%
9% 14%
NYC Nationwide
ROR Conditional Unsecured bond
100%
0% 0%
62%
27%11%
NYC Nationwide
2006 State Court Processing Statistics (SCPS)
How New York City ComparesWith Other Large U.S. Cities (Felony cases)
(C) Bail amount
Median
Mean
$10,000
$55,500
$4,000
$12,071
NYC Nationwide
2006 State Court Processing Statistics (SCPS)
Mean and median bail amount set at arraignment
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)
20% 18%
30%
18%
NYCNationwide
13% 11%
PART 2MISDEMEANOR & LESSER
OFFENSES Bail, release, & detention
in New York City
Source: CJA2012 arrests
ROR; 78%
• 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)
Misdemeanors & Lesser OffensesNew York City
(A) Release at arraignment
N = 125,806Cases continued past
arraignment in Criminal Court CJA 2012 annual dataset
Held on bail 20%
Made bail 2%
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.
N = 24,570Cases with a defendant who was
held on bail at arraignment
Releasedpretrial,
46%NOT
releasedpretrial,
54%
CJA 2012 annual dataset
Misdemeanors & Lesser OffensesNew York City 2012 Arrests
(C) Detention length
Detained at arraignment & released pretrial
Never released prior to disposition
All not released at arraignment
4
16
6 N = 24,570
N = 13,238
N = 11,332
CJA 2012 annual dataset
Median number of days
Misdemeanor & Lesser OffensesNew York City(D) Bail amount
CJA 2012 annual dataset
• All cases with bail set (N=23,799)
0%10%20%30%40%50%60%70%80%90%
100%
over $2,000$1,001 to $2,000 $501 to $1,000 $500 or less (excluding $1)30%
68%
83%
Misdemeanor & Lesser OffensesNew York City
(E) Release For Bail set $500 or less (N=7,029)
16%
41%
43%
Made bail at arraignment
Released prior to disposition
Not released Median length of detention = 5 days
CJA 2012 annual dataset
Misdemeanor & Lesser OffensesNew York City
(F) Why was bail set?
3%
73%
10%
2%12%
DAT with failure to appear at first scheduled arraignment
Not recommended for release
Assault or weapon charge
Prior felony conviction
None of the aboveN = 24,570Cases with a defendant whowas held on bail at arraignment
