New York Criminal Legal System Data Hub
Important decisions about New York State’s criminal legal system must be driven by data, not political rhetoric. To that end, this data hub centralizes and organizes key indicators relating to arrests, bail, pretrial release, jails, prisons, and parole and presents them with other data points of interest to policymakers, media, advocates, and the public. The Vera Institute of Justice (Vera) retrieved the majority of this data from publicly available state agency websites, where it is often available only in raw and difficult to use formats.
Pretrial
At arraignment, a judge can release a person accused of a crime on their own recognizance (ROR), release them to pretrial supervision (supervised release), set bail, or remand them to jail custody.
Release decision at arraignment
Although bail is most commonly set for people charged with violent felonies, it can also be set for people charged with some misdemeanors and non-violent felonies. When bail is set, most people cannot afford to pay it and remain in jail. Note that this table excludes cases where nominal bail is set (defined as less than $500). Nominal bail is often set when the person is held on a concurrent case based on another charge, parole violation, or warrant. The judge sets bail so that the person will receive credit toward time served on the current charge.
Cases bail set, median bail, and payment rate
The bench warrant issuance rate is the rate at which people released pretrial miss at least one court appearance. The bench warrant issuance rate, however, is an imperfect measure of “failure to appear” because a single missed court date is not indicative of an attempt to “flee.” Additionally, the bench warrant issuance rate does not account for people who had a bench warrant issued but later returned to court of their own volition.
Bench warrant rate (6-month)
Vera calculated the rearrest rate by identifying the number of people who were arrested for a new charge (within six months of arraignment) while they were released pretrial on the original charge. This rate is based on arrests, not disposition, so it includes people whose new charges are dismissed or disposed of at arraignment.
Rearrest rate (6-month)
This data hub uses county population data obtained from Vera's Incarceration Trends Project (ITP). Rates are computed per 100,000 residents ages 15 to 64. The population data used in ITP comes from the National Center for Health Statistics’ Bridged-Race Population Estimates. Population data for 2020 was used to compute rates for the period since 2020.
Credits
Design and development: Jill Hubley
Data analysis: Emma Delaporte, Christopher Gernon, Jaeok Kim, Selina Ho, and Sara Lanclos
Charts: Selina Ho, Sara Lanclos, Jill Hubley, and Christian Henrichson
Writing: Brian King, Jaeok Kim, and Christian Henrichson
Editing: Léon Digard
The photograph by Jack Norton originally appeared in No One is Watching: Jail in Upstate New York.