Bail Bonds in NYC 11

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CJA

Research Brief No. 26

NEW YORK CITY CRIMINAL JUSTICE AGENCY, Inc.

May 2011

A series of reports summarizing current research from CJA Executive Director, Jerome E. McElroy Director, Research Dept., Richard R. Peterson, Ph.D. Research Brief Editor & Deputy Director, Research, Mary T. Phillips, Ph.D. Graphics & Production, Raymond P. Caligiure Administrative Associate, Annie Su

CJA is a not-for-profit corporation that provides a variety of criminal justice services under a contract with the City of New York. CJA staff interview defendants arrested in New York City, make recommendations for pretrial release, and notify released defendants of upcoming court dates. Within the Agency, the Research Department conducts studies covering a broad array of criminal justice policy concerns. The Research Brief series summarizes the results of some of these studies. New York City Criminal Justice Agency, Inc. 52 Duane Street New York, NY 10007 PHONE: 646 213-2500 FAX: 646 213-2650 WEB: www.nycja.org © 2011 NYC Criminal Justice Agency, Inc.

COMMERCIAL BAIL BONDS IN NEW YORK CITY By Mary T. Phillips, Ph.D. This report expands upon a recent considerably less than would be needed study of bail making by the New York to post cash bail. The drawback is that City Criminal Justice Agency, Inc. a bond is much more expensive in the (CJA), which found that bail bonds- long run because cash bail is refunded. men play a much larger role in New In addition, the bondsman can revoke York City than they did 30 years ago the bond, sending the defendant back to (Research Brief #23, 2010). jail, without giving the courts a reason. Commercial bail bonds are the Citywide data are presented describmost common form of pretrial release ing characteristics of bond agents, inthroughout the country, but for de- surance companies, and co-signers. cades New York City has been differ- The research focused primarily on the ent. Release on recognizance (ROR) financial aspects of commercial bonds accounts for two thirds of releases at and identified significant borough difarraignment in NYC. And when bail ferences. These findings were used to is set, it is more likely to be made by devise a tool — the “effective cash disposting cash directly with the court count” — that would enable the courts than by posting a bond. to set cash alternatives With However, the at a level calcuan “effective cash discount,” lated to remove use of commerposting cash bail would be possible cial bonds has the financial infor anyone who could afford a bond centive for postincreased in New — to the benefit of defendants ing a bond rather York City in recent and the courts. years, to well over 3,000 than cash, tailored to bonds annually. For cases with bail set the borough and bond amount. at $1,000 or more, commercial bonds The report concludes with several account for one in five bail releases. recommendations, including use of Defendants buy bonds because the an effective cash discount, that would amount of cash required up front can be lessen reliance on bondsmen. This Research Brief is adapted from Commercial Bail Bonds In New York City: Characteristics And Implications (2011) by Mary T. Phillips, Ph.D., Project Director The full report is available on CJA’s web site: www.nycja.org/research/research.htm Research Assistance: Raymond P. Caligiure, Annie Su Systems Programming: Wayne Nehwadowich Address comments to the author at mphillips@nycja.org Please cite as follows, adapted to your citation style: Phillips, Mary T. 2011. “Commercial Bail Bonds In New York City.” Research Brief series, no. 26. New York: New York City Criminal Justice Agency, Inc.


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