What are the options for release instead of posting bail in New York?

Options for Release Instead of Posting Bail in New York

Getting arrested and taken to jail can be a scary, overwhelming experience. Many people find themselves struggling to come up with enough money to pay the bail amount set by the judge so they can get out of jail while their case moves through the court system. This article will explain some of the options available in New York for folks who can’t afford to pay bail.

What is Bail?

When someone gets arrested in New York, they are usually brought before a judge within 24 hours. This first court appearance is called arraignment. The judge will read the charges against the defendant and decide whether to release them or set bail.

Bail is an amount of money that serves as collateral to make sure the defendant returns to court. If they show up for all their court dates, they get the bail money back at the end of the case. But if they miss court, they forfeit the money.

The whole idea is that the defendant won’t want to lose that money, so they will make sure to come to court when required. But what if someone truly can’t afford to pay the bail amount? That’s where alternatives like supervised release come in.

What is Supervised Release?

Supervised release is a program that gives judges more options when deciding whether to release someone or set bail. It allows the judge to release certain defendants on something like parole instead of making them sit in jail until their trial.

The way it works is, the judge sets rules that the defendant has to follow, like checking in regularly with a case manager, obeying a curfew, avoiding drugs and alcohol, staying in school or working, etc. The defendant may also have to wear an electronic monitoring bracelet.

If the defendant follows all the rules and makes all their court dates, they can stay out of jail until their case is resolved. But if they break the rules, the judge can revoke the supervised release and send them back to jail.

Supervised release started as a pilot program in New York City around 2013. It expanded citywide in 2016. Now it’s an option available to judges in all five boroughs when deciding whether to set bail.

Who is Eligible for Supervised Release?

Not everyone qualifies for supervised release in New York. The program focuses on defendants who are medium to high risk, meaning they have some risk of failing to appear in court or getting re-arrested, but not so high it’s unreasonable to release them.

People accused of very minor crimes probably don’t need supervised release. Those accused of very serious violent felonies may be too high risk to release. Supervised release aims for the middle ground.

Factors that help determine if someone is a good candidate include:

• Criminal history
• Ties to family and community
• Employment or school enrollment
• History of drug abuse
• Age – the program recently expanded eligibility to some defendants under 18

The district attorney’s office will make a recommendation on whether they think supervised release is appropriate. But the final decision lies with the judge.

How Successful is Supervised Release?

Studies of New York City’s supervised release program have shown very positive results. Around 90% of participants make all their court appearances, compared to only about half of people released on regular bail or bond.

Less than 20% get arrested for a new crime while on supervised release. And over 75% are not sentenced to jail or prison time, meaning they serve no incarceration for the original charge they were arrested for.

So in the vast majority of cases, supervised release allows people to get their cases resolved without spending time in jail because they couldn’t pay bail. This makes it a very promising alternative.

Other Alternatives to Paying Bail

Supervised release is a great option, but not the only one. Some other alternatives to paying bail include:

• Released on own recognizance (ROR) – The judge can simply release the defendant without bail, as long as they promise to return for court dates.
• Unsecured bond – The defendant doesn’t have to put up any money, but agrees to pay the bond amount if they miss court.
• Secured bond – The defendant only has to put up a percentage of the total bail amount set by the judge. This option is less common in New York.
• Co-signer bond – A friend or family member can co-sign, promising to pay the full bail if the defendant misses court.

Pretrial services will interview the defendant and gather background information to help recommend the best release option for each individual situation.

The Bail Reform Act

In 2019, New York passed a law called the Bail Reform Act. This law eliminated cash bail entirely for people charged with most misdemeanors and non-violent felonies. For those cases, judges now have to use alternatives like supervised release instead of setting bail.

The law has been controversial. Supporters say it makes the system fairer for the poor by basing pretrial release on risk, not ability to pay. But critics argue it led to an increase in crime by releasing too many people pretrial.

The law has gone through some revisions. Currently, judges can still set bail for many felonies, but have expanded options to use alternatives like supervised release as well.

The Bottom Line

Paying bail can be extremely difficult for people with limited financial resources. New York has made an effort in recent years to expand options like supervised release that allow defendants to fight their cases without sitting in jail for months or years before trial.

Supervised release comes with strict rules and close monitoring. It’s not a get-out-of-jail-free card. But studies show it can be an effective way to balance public safety with individual rights. For many defendants, supervised release provides a lifeline to avoid the nightmare of pretrial detention.

References

• Office of Pretrial Justice Initiatives – NYC
• New York City’s Pretrial Supervised Release Program – Vera Institute of Justice
• New York City’s Pretrial Supervised Release Program – MDRC
• Jail or Bail? There’s a New Option – The New York Times
• [PDF] new york city’s pretrial supervised release program | mdrc
• NYC Bail Trends Since 2019 : Office of the New York City Comptroller Brad Lander