Jail: Who is in on bail?

Transcription

1 Jail: Who is in on bail? NEW YORK CITY HAS THE LOWEST RATE OF INCARCERATION OF ANY MAJOR US CITY New York City Los Angeles Chicago Houston Philadelphia October 218 MOST PEOPLE DO NOT GO TO JAIL AFTER ARREST 87 % of people are released 13 % of people are jailed KEY = 1, people Case resolved (dismissal/plea) (14,) Released on a promise to return (ROR) (98,) or Supervised Release (4,) Bail set, made at first court appearance (5,) Bail set, not made at first court appearance (35,) No bail set, jailed to await trial (2,) 37, JAIL ADMISSIONS IN 217 RESULTED IN 7,1 PEOPLE HELD PRETRIAL ON ANY GIVEN DAY BECAUSE... One person jailed for a year takes up the same bed space as 365 people who stay for one day each...and most people do not stay very long 1 long-stayer (365 days) = 365 short-stayers (1 day) 5% of people admitted to jail See appendix for more information. 2% 3% Under a week 8 to 3 days Over 3 days ADULT JAIL POPULATION ON (8,17)* Awaiting trial (6,358) ,378 3, Other Misdemeanor Non-violent felony Violent felony State holds * These numbers do not include the 93 adolescents (16-17 year-olds) who were moved to Horizon, a specialized juvenile detention facility, as part of the new Raise the Age law, which was effective October 1st. State technical parole violators City sentenced Sources from the top down: Per 1K: NYC DOC 217, Cook County, LA County, Harris County, Philadelphia County, 216; CJA & OCA 216 percentages applied to 217 total arraignments; DOC 218; DOC 218. Department of Correction numbers which end in zero are estimates and rounded. 1

2 Jail: Who is in on bail? OF THOSE WHO HAVE BAIL SET 13 % make bail at their first court appearance Bail set, made at first court appearance (5,) 87 % do not make bail at their first court appearance, resulting in at least some time in jail Bail set, not made at first court appearance (35,) October 218 KEY = 1, people 49% OF THE PEOPLE WHO PAY BAIL AFTER ENTERING JAIL DO SO WITHIN 2 DAYS AND 75% WITHIN A WEEK If every person who left jail within a week in 217 never entered, it would have prevented half of the admissions to jail, but would only have reduced the average daily jail population by 165 people because their jail stays are so short % -2 days 26 % 3-7 days 16 % 8-3 days 9 % Over 3 days 53% OF PEOPLE AWAITING TRIAL CANNOT LEAVE BY PAYING BAIL BECAUSE OF WARRANTS, HOLDS AND REMANDS Misdemeanor 56 % Pretrial Jail Population (6,358) $2-$2, Snapshot % (163) Felony 44 % 15 % $2,1-$5, 7 % (475) 85 % 5 % $5,1-$1, 7 % (417) 95 % $1,1-$5, $5,1+ 15 % (981) 15 % (927) 99 % 99 % Pretrial population with bail $2, and under 47% of people in jail with bail of $2, or less cannot be released even if they pay bail because of warrants or holds. $1,1-$2, 8 51 $5-$1, REMAND/WARRANT/ BAIL INELIGIBLE 53 % (3,395) (includes people with and without bail set) 89 % $2-$ Bailable See City strategies for low bail on the next page. Not bailable This leaves 3% of the pretrial population who can secure release by paying bail set at $2, or less. Source: DOC 218. DOC September 218. Percentages are rounded to the nearest whole number. 2

3 Jail: Who is in on bail? October 218 THE NUMBER OF PEOPLE DETAINED ON BAIL OF $2, OR LESS IS DOWN 6% SINCE DECEMBER YTD City strategies are reducing the number of people entering jail with bail set, including those held on low bail and those who stay for a short period of time. 1) Supervised Release: Supervised Release, expanded citywide in March 216, is a diversion program that serves as an alternative to bail to prevent jail admissions. In 217, Supervised Release prevented over 4, jail admissions, reducing the jail population by approximately 36 beds. Since its expansion, Supervised Release has served over 1, defendants. 2) Bail Expediters: Bail expediters interview defendants in court to find out whether a defendant has someone who can post bail on their behalf (called a surety ). If the surety needs time to get to court, bail expediters can request a bail hold to allow time for the surety to post bail. The City recently expanded funding for the program, which serves 87% of all defendants with bail set at $5, and below. 3) ATMs/Online Bail: The City has installed ATMs in all courthouses to improve the bail-paying process and prevent unnecessary detention. The City implemented an online bail payment system to reduce the logistical challenges of paying bail in person. 4) Bail Funds: Bail funds operate throughout the City to post bail for misdemeanor defendants with bail set at $2, and below. The Liberty Bail Fund receives funding from the City and operates in all boroughs at night, while other bail funds operate in every borough during the day. The goal of the Liberty Bail Fund is to post bail at arraignment so that defendants never go to jail on low bail. 5) Second Look: The Second Look program of the Legal Aid Society s Decarceration Project expedites the release of individuals in jail who have bail set. Attorneys contest bail decisions, refer eligible cases to bail funds that can post bail, and connect clients to diversion programs and supportive services. This program was piloted in Manhattan in 217, securing release for 44% of its cases, and is now citywide. Sources from the top down: DOC; DOC, MOCJ 217 3

4 Women and Bail October 218 SINCE 213, THE NUMBER OF WOMEN IN JAIL AWAITING THEIR CASE DISPOSITION HAS DECLINED BY 3% Women detained pretrial are mostly in on high bail, with felony charges, or are held in jail by a warrant, hold, or remand (YTD) Misdemeanor 45 % $2-$2, 5 % (2) $2,1-$5, 1 (48) 4 % Women in Pretrial Detention (421) Snapshot $5,1-$1, 6 % (26) % $1,1-$5, 12 % (51) Felony 55 % 9 % 96 % The total amount of bail set for women detained pretrial is $3,7,. 53% OF WOMEN AWAITING TRIAL CANNOT LEAVE BY PAYING BAIL BECAUSE OF WARRANTS, HOLDS AND REMANDS % $5,1+ 12 % (51) WOMEN IN JAIL PRETRIAL: BY BOROUGH REMAND/WARRANT/ BAIL INELIGIBLE Queens 18 % 18 % Bronx 5 % Staten Island 53 % (225) (includes people with and without bail set) 9 % Brooklyn 22 % Manhattan 38 % 4

5 Adolescents and Bail SINCE 213, THE NUMBER OF 16/17 YEAR OLDS IN JAIL AWAITING THEIR CASE DISPOSITION HAS DECLINED BY 6%. Adolescents detained pretrial are mostly in on high bail, with felony charges, or are held in jail by a warrant, hold, or remand Adolescents in Pretrial Detention (86) Misdemeanor Snapshot Felony October (YTD) % $2-$2, % () % $2,1-$5, 7 % (6) % % $5,1-$1, 7 % (6) % $1,1-23 % (2) $5, $5,1+ 9 % (8) % AGE 23 % 16 RACE 77 % % Black SEX 96 % Male 24 % Hispanic Asian Other 4 % Female As of October 1, 218 there were and 17- year olds in Horizon, a specialized juvenile detention facility, under Raise the Age legislation. REMAND/WARRANT/ BAIL INELIGIBLE 53 % (46) (includes people with and without bail set) ADOLESCENTS IN JAIL PRETRIAL: BY BOROUGH The total amount of bail set for adolescents detained pretrial is $3,55, Bronx 5 % Staten Island 33 % Brooklyn 27 % Queens 25 % Manhattan 53% OF ADOLESCENTS AWAITING TRIAL CANNOT LEAVE BY PAYING BAIL BECAUSE OF WARRANTS, HOLDS AND REMANDS. For more information on these adolescents, see the Adolescent Fact Sheet. 5

6 Appendix October 218 DEFENDANTS WHO MAKE BAIL AFTER ENTERING JAIL: BY LENGTH OF STAY AND BAIL AMOUNT 8 % $1,1+ $5,1-$1, $2,1-$5, $2-$2, 33 % 49 % 14 % 14 % 3 % 42 % 27% 15 % 28 % 4 % -2 days 3-7 days 8-3 days Over 3 days DEFENDANTS WHO MAKE BAIL AFTER ENTERING JAIL: BY LENGTH OF STAY AND CHARGE TYPE 3 % 22 % 23 % 15 % 45 % Misdemeanor Non-violent felony Violent felony 25 % 39 % 3 % 29 % 32 % 26 % 38 % 36 % 14 % 35 % 5-2 days 3-7 days 8-3 days Over 3 days Source: DOC 218 YTD 6

7 Appendix October 218 WHO IS IN JAIL ON BAIL AGE SEX RACE 18 % % % 8 % % % Male 6 % Female 2 % Asian 3 % Other 7 % White 55 % Black 33 % Hispanic HOW ADMISSIONS AND LENGTH OF STAY RELATE TO THE DAILY JAIL POPULATION OF THOSE HELD PRETRIAL Percent of beds occupied each year 52 % Percent of people admitted pretrial each year 44 % 45 % A lot of people account for a small number of beds because of short stays. A few people account for a lot of beds because of long stays. 19 % 23 % 3 % 8 % 6 % Under a week 8-3 days days Over 18 days HOW LOW-LEVEL CRIMES AFFECTED THE JAIL POPULATION SO FAR IN 218 In 218 on any given day there were... 2 people in jail awaiting trial for turnstile jumping (PL ) 1 person in jail awaiting trial for low-level possession of marijuana (PL 221.1) people in jail awaiting trial for prostitution (PL 23.) Turnstile jumping Possession of marijuana Prostitution TOTAL ADMISSIONS TO JAIL SO FAR IN PEOPLE IN JAIL ON ANY GIVEN DAY 2 1 Source: DOC 218 YTD 7