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ā€¦ in a broadly inclusive + representative process with
unprecedented participation and cooperation, New York
City has engaged in a deeply descriptive qualitative and
quantitative analysis of the criminal justice system.
NEW YORK CITY
JUSTICE SYSTEM MAP
July 31, 2015
Planning Liaison Contact Information:
Dominique Day
Executive Director, Justice Initiatives Ē€ NYC Mayorā€™s Office of Criminal Justice
office: (646)576-3491 Ē€ blackberry: (347)405-4399 Ē€ email: dday@cityhall.nyc.gov
KEY POINTS click ļƒ¢
ļƒŸ Previous Slide Next Slide ļƒ 
The decision to detain at arraignment impacts the life
of a case and drives length of stay. Nearly half of
those detained at arraignment remain in pretrial
detention.
Jail begets jailā€¦ within 2-3 days, incarceration contributes to recidivism.
Controlling for all other factors, data indicates jail has a 7%
criminogenic effect in New York City.
In New York City, 59.8% of defendants with bail set or remand (over 22,000
people in 2012) have minimal, low, or moderate risk scores ā€“ a real
opportunity for ROR, supervised release, and alternatives to pretrial
detention (ATD) models which also may favorably impact case outcomes
(highly determined by pretrial detention as demonstrated below).
The steering committee followed the ā€œPath of an Inmateā€ in a trip to
Rikers Island via corrections bus + processing via intake, classification,
housing in womenā€™s and adolescent facilities.
Above: Tina Luongo, criminal practice director for the Legal Aid
Society, Matt Knecht, criminal practice director at Neighborhood
Defender Service, Freda Solomon, senior research fellow at NYC
Criminal Justice Agency, Julian Adler, CCI technical assistance provider,
Angela La Scala-Gruenewald, MOCJ researcher.
Below: Liz Glazer, director of the NYC Mayorā€™s Office of Criminal
Justice, Elizabeth Brady, NYPD Executive Agency Counsel, +Tina Luongo
Also Present: Eric Gonzalez, Chief Executive Assistant District Attorney,
James Walsh, Deputy Commissioner for Adult Programming, Tim
Oā€™Brien, Director of Internal Operations for Community Supervision,
Aisha Greene, CCI technical assistance provider, Dominique Day, MOCJ
Executive Director of Justice Initiatives
New York City Redux: 5 Cities in 1
New York City is actually 5 cities in one: each borough (Manhattan, Brooklyn,
Queens, Staten Island, and the Bronx) is a separate county. Each borough has
distinct local practices, although all five counties share the local jail, principally
housed on Rikers Island. Although many of the same challenges exist citywide,
local practice suggests different underlying factors drive the use of local jail.
Assessing efforts to improve case processing, enhance justice, and promote
fairness relies on a deep understanding of local variances in practice and the
MacArthur Safety + Justice Challenge system mapping exercise was
instrumental in enhancing our understanding of the ā€œcultureā€ of each borough
and the reform opportunities availableā€¦ and will inform our development of
thoughtful, viable reform mechanisms.
Local variances including a no-plea post-indictment policy in Queens, no
dedicated court part and attorney interview space in Staten Island
arraignments, policies to reduce low-level cases through marijuana reform and
cancellation of warrants in Brooklyn, pilots in pre-arraignment diversion in
Manhattan, and special challenges producing inmates in the Bronx - just a few
examples - require New York to situate citywide initiatives within a recognition
and respect for effective local practices while identifying solutions to local
issues that drive inefficiency or a lack of fairness Other practices, like non-use
of unsecured bond, appear more standardized citywide.
click ļƒ 
Public
83%,
279,651
Private
4%,
12,240
Crt-Ordered
3%,
9,412
Unknown
11%,
36,086
Pretrial Release
Determination
Assignment
to Counsel
Post-Conviction/
Re-entry
Arrest
388,149
(misdemeanors:
261,460)
Summons
359,202
DAT
25%, 98,906
Custodial
Arrests
75%, 289,243
Declined
8%, 31,066
(misd: 15,196)
Unknown
5%, 19,694
Accepted
87%, 337,389
(misdemeanors:
254,305)
Prosecutorial
Charging
DispositionĀ¹
346,904
(misdemeanors:
215,352)
SentencingĀ¹
152,739
(misdemeanors:
103,675)
Dism.
1%,
4,058
Convicted
23%, 76,718
Supervised
Release
1%, 880
Arraignment
337,389
(misdemeanors:
254,305)
RAI
Not
detained
Not detained; may serve
or may have served time
Diverted from jail
Diverted
from jail
Into/toward
inc. Into/toward incarceration
Legend
Warrant
7%, 22,002
(M) 18,180
Police Encounter
Misdemeanors
Disposed
(M) 115,048
ACD
19%,
64,243
Note: Some variations due to incompatible data sources or other inaccuracies may exist.
Time Served
22%, 33,417
(misdemeanors:
26,761)
CD
40%, 60,714
(misdemeanors:
42,602)
Fine
13%, 20,184
(M) 16,665
Other
0.2%, 309
(misdemeanors:
194)
Probation
3%, 4,041
(misdemeanors
: 560)
Jail
18%, 26,855
(misdemeanors:
16,548)
Prison
4%, 6,160
(misdemeanors:
184)
Split
1%, 1,059
(misdemeanors:
149)
Remand
1%, 2,095
(misdemeanors:
248)
Held Bail
26%, 44,185
(misdemeanors:
21,639
Made Bail
3%, 5,171
(misdemeanors:
2,793)
ROR
69%, 117,068
(misdemeanors:
95,250)
ACD
20%, 70,730
(misdemeanors:
64,057)
Acquitted
0.1%, 516
(misdemeanors:
213)
Convicted
44%, 152,739
(misdemeanors:
103,675)
Dismissed
14%, 49,567
(misdemeanors:
31,045)
Diverted
0.1%, 399
(misdemeanors: 12)
Continued
50%, 170,362
(misdemeanors:
121,066)
Violations of
Probation
3,060*
Jail
1,142
Prison
190
Terminated
1,155
Restored
573
Parole
(9,032 released)
[Shock: 127]
[JO, Willard: 77]
Revoked
2,389
Revoked &
Restored
(1,230)
ATI Resolution
(1,148)
Parole Violations
(including non-
delinquency)
5,218
Successful
Re-entry
5,009
Time
Served
412
Case Processing
Click on any decision
point for a deep diveā€¦
Borough Maps
Manhattan
Brooklyn
Queens
Staten Island
Bronx
Source information
(click)
ļƒŸ Previous Slide Next Slide ļƒ 
New York City System Map (2014)
Decision Point: ARREST (click here to return to system map)
Citywide 2014
Arrests
388,149
(261,460 misd)
Narrative
Data
Analysis
Projects
Click on any borough
for relevant dataā€¦
Manhattan
Arrests
106,582
Brooklyn
Arrests
106,962
Staten Island
Arrests
13,080
Bronx Arrests
85,712
Queens Arrests
75,813
Citywide DAT
25%, 98,906
Custodial
Arrests
75%, 289,243
Manhattan
Arrests
106,582
Summons
94,141
DAT
29%, 30,776
Custodial
Arrests
71%, 75,806
Police Encounter
Arrest
75,813
Summons
72,244
DAT
26%, 19,420
Custodial
Arrests
74%, 56,393
Police Encounter
Arrest
106,962
Summons
103,976
DAT
22%, 23,263
Custodial
Arrests
78%, 83,699
Police Encounter
Arrest
13,080
Summons
13,010
DAT
28%, 3,699
Custodial
Arrests
72%, 9,381
Police Encounter Arrest
85,712
Summons
76,034
DAT
25%, 21,748
Custodial
Arrests
75%, 63,964
Police Encounter
-7%
-6%
0%
9%
-10% -5% 0% 5% 10%
Black-African-American
Hispanic/Latino
White
Asian
Percentage Point Change in Likelihood of DAT
(Comparison to White)
Arrest are complaint driven, officer-observed, or the result
of investigations. An arresting officer has some discretion
to arrest and whether an arrest could be custodial or desk
appearance tickets (DAT), but a supervising sergeant or
lieutenant verifies the decisions. Some discretion exists in
certain circumstances as to whether to issue a criminal
court summons, a civil or administrative ticket, or a
DAT/custodial arrest (e.g., jumping the subway turnstile).
DATs: DAT eligibility is determined based on NYPD guidance
and policy. In addition to charge ineligibility, suspects are
ineligible for DATs if the case involves domestic violence, or
if the detained individual was under the influence of
alcohol/drugs, lacked identification (12% of detainees), had
prior arrests, violated parole, had 3-5 summonses within
short period of time, failed to cooperate with the police
officer, had warrants in the system, owed DNA to the
database, etc. Some factors, like cooperativeness, may be
subjective. Other factors, like health complications, may
support an otherwise ineligible DAT. At the precinct level,
DAT determinations are aided by a database search, which
a supervisor can overrule or reconsider.
ā€¢ High-frequency DAT charges: Petit larceny (155.25),
theft (165.15), drug possession (220.03), and marijuana
possession (221.10).
ā€¢ DAT detainees rarely pose a high risk of re-arrest and
pose minimal risk of violent felony offending
ā€¢ Persons arraigned on DATs are very rarely detained
unless they fail to appear on their scheduled
arraignment date (22% detained citywide after FTA).
Notably, only 15% of these DATs ā€œreturned on a
warrantā€ appear before the court as a result of a new
case.
ā€¢ Racial + Ethnic Disparities: compared with custodial
arrest, Asians are more likely to receive DATs than
whites, while African- Americans and Latinos are less
likely to get DATs than white suspects.
ā€¢ Looking at ACD outcomes to reveal opportunities for
greater use of DATs, one interesting idea, would most
successfully target cases in Brooklyn and Queens,
without prior arrest/convictions, marijuana or property
charges, females, and 16-24 year olds.
Interesting Pilots + Projects
ā€¢ Project Reset: very small pilot in Manhattan and Brooklyn
(~20 participants in Manhattan) DAT fast track to divert
adolescents with low-level offenses pre-arraignment.
Eligible candidates are referred to defense attorneys and
attend programs assigned by the court. Adolescents are
released from a precinct with a brochure and DAT. If
complete program, the judge dismisses case without any
appearance in court.
ā€¢ Summons Reform: several initiatives in place to address
police encounters that result in summonses for non-
criminal violations. Among other things, a working group is
looking at redesigning the summons appearance ticket to
enhance readability and comprehension, and implementing
reminders via text to improve the failure to appear rate.
ā€¢ Technological Improvements: a new initiative seeks to allow
warrant checks in the field. Officers will have tablets or
laptops that allow real-time analytics through the central
data hub and possibly allow for increased DATs and DATs to
be issued in the field.
ā€¢ ID Initiative: NYC also expects the DAT rate to rise through
ā€œID Reform,ā€ i.e., expanding acceptable forms of ID and
opportunities to offer ID as well as making sure that young
people between school and work with no ā€œofficialā€ ID can
get one or have a meaningful alternative.
Decision Point: CHARGE(click here to return to system map)
Prosecutorial
Charging
Declined
8%, 31,066
(M) 15,196
Unknown
5%, 19,694
Accepted
87%, 337,389
(M) 254,305
Manhattan
Charging
Brooklyn
Charging
Staten
Island
ChargingQueens
Charging
Bronx
Charging
Click
box
for
info
Click on any borough
for relevant dataā€¦ Declined
16%, 13,817
Unknown
9%, 7,524
Accepted
75%, 64,371
Bronx
Prosecutorial
Charging
Declined
3%, 3,529
Unknown
5%, 5,397
Accepted
92%, 97,656
Manhattan
Charging
DeclinedĀ²
7%, 5,145
Unknown
1%, 919
Accepted
92%, 69,749
Queens
Charging
Declined
6%, 749
Unknown
8%, 1,082
Accepted
86%, 11,249
Staten Island
Charging
Declined
7%, 7,826
Unknown
4%, 4,772
Accepted
88%, 94,364
Brooklyn
Charging
Every borough in the city has a process that involves writing up a criminal court accusatory instrument from reports, and sometimes
interviews with complainants. This typically involves review of the available evidence and its legality, as well as a request on bail. In all
boroughs, junior ADAs draft cases with onsite supervision. Paralegals may draft shoplifting and low level cases, which are reviewed by an
ADA. In Queens, many cases declined by the federal government fall into the local prosecutorā€™s hands.
ā€¢ Vertical Prosecution: Some boroughs use vertical prosecution (i.e., a single prosecutor handles the case, as opposed to the assembly-
line ā€œhorizontal prosecutionā€) in specialized cases. Prosecutors cite vertical prosecution as most effective but least efficient. In the
Bronx, homicides, sex crimes and some others are vertical. Brooklyn leans toward more vertical prosecution, where possible.
ā€¢ Upstream/Downstream Time Savings: In some boroughs, like Manhattan, Queens, and Brooklyn, most pre-arraignment communication
with the police officer who prepared the case is done via phone or fax due to high volume and the time pressure of arraigning cases
within 24 hours of arrest. Officers appear prior to arraignment principally on sensitive cases. This may occasion delays in receipt and
production of discovery later on.
ā€¢ Adjustment of Charges: On a regular basis, charges are adjusted in the preparation of the criminal court accusatory instrument. The
arrest charges are determined based on the highest charge the police officers believe can be sustained and the prosecutorial review
often results in a modification or reduction of charges.
ā€¢ Declination: Some charges may be declined for lack of
evidence or on policy grounds. In the Bronx, the ADA
speaks to a complainant to sustain a charge, including
domestic violence. In Brooklyn, the ADA will not proceed
without speaking to a complainant unless it is a domestic
violence case. Trespass cases and some marijuana cases
may also be reduced or declined in some boroughs, like
Brooklyn and the Bronx, on policy grounds.
Decision Point: RIGHT TO COUNSEL
(click here to return to system map)
click here for
more info
Assignment
of Counsel
(citywide)
Public
83%,
279,651
Private
4%,
12,240
Crt-Ordered
3%,
9,412
Unknown
11%,
36,086
Manhattan
Brooklyn
Staten
Island
Bronx
Queens
Manhattan
Assigned
Counsel
Public
78%, 76,571
Private
5%, 4,490
Crt-Ordered
3%, 3,075
Unknown
14%, 13,520
Brooklyn
Assigned
Counsel
Public
88%, 82,699
Private
2%, 1,743
Crt-Ordered
2%, 1,697
Unknown
9%, 8,225
Bronx
Assigned
Counsel
Public
93%, 60,166
Private
2%,
974
Crt-Ordered
3%,
1,712
Unknown
2%,
1,519
Staten Island
Assigned
Counsel
Public
72%, 8,155
Private
8%, 898
Crt-Ordered
17%, 1,899
Unknown
3%, 297
Queens
Assigned
Counsel
Public
75%, 52,060
Private
6%, 4,135
Crt-Ordered
1%, 1,029
Unknown
18%, 12,525
click any borough
for detailed data
In New York City, all defendants who cannot afford a lawyer are assigned counsel prior to arraignment,
which occurs within 24 hours of arrest by statute. In practice, institutional indigent defense providers and
members of the private bar available for court appointments (ā€œ18b counselā€) conduct a conflict check and a
financial eligibility check upon meeting their clients in advance of the case arraignment.
Institutional Indigent Defense Providers in New York City:
ā€¢ Neighborhood Defender Service of Harlem
ā€¢ Legal Aid Society
ā€¢ New York County Defenders
ā€¢ Bronx Defenders
ā€¢ Queens Law Associates
ā€¢ Brooklyn Defenders
In addition, each borough has a panel of Appointed (ā€œ18bā€) Counsel. There is also an 18b Homicide Panel
charged with handling indigent defendants charged with homicides.
In Staten Island, which awaits the imminent opening of a new courthouse, facilities complicate both
assignment of counsel and confidentiality. Without a dedicated arraignment courtroom, or ā€œpart,ā€ and
without private areas for confidential communications with counsel, attorneys must interview clients
sometimes shoulder-to-shoulder with co-defendants and in the presence of up to half a dozen additional
defendants. In addition, there is a high rate of conflicts of interest which complicates representation.
Decision Point: ARRAIGNMENT
(click here to return to system map)
Manhattan
Arraignment +
Pre-trial
Release
97,656
Brooklyn
Arraignment +
Pre-Trial
Release
94,364
Bronx
Arraignment +
Pre-Trial
Release
64,371
Queens
Arraignment +
Pre-Trial
Release
69,749
Staten Island
Arraignment +
Pre-Trial
Release
11,249
Pretrial Release
Determination
Arraignment
337,389
(misdemeanors:
254,305)
Dism.
1%,
4,058
Convicted
23%, 76,718
Continued
50%, 170,362
(misdemeanors:
121,066)
Remand
1%, 2,095
(misdemeanors:
248)
Held Bail
26%, 44,185
(misdemeanors:
21,639
Made Bail
3%, 5,171
(misdemeanors:
2,793)
Supervised
Release
1%, 880
ROR
69%, 117,068
(misdemeanors:
95,250)
RAI
Warrant
7%, 22,002
(misdemeanors:
18,180)
Misdemeanors
Disposed
115,048
ACD
19%,
64,243
Pretrial Release
Determination
Manhattan
Arraignment +
Pre-trial
Release
97,656
Convicted
32%, 31,597
Continued
43%, 41,805
Remand
2%, 753
Held Bail
31%, 12,874
Released
with Bail
3%, 1,228
Supervised
Release
1%, 335
ROR
63%, 26,216
RAI
ACD / Dism.
18%, 17,515
Warrant
7%, 6,733
Pretrial Release
Determination
Brooklyn
Arraignment +
Pre-Trial
Release
94,364
Convicted
16%, 15,229
Continued
52%, 49,327
Remand
1%, 415
Held Bail
24%, 11,990
Released
with Bail
3%, 1,266
Supervised
Release
0.4%, 221Ā²
ROR
71%, 35,183
RAI
ACD / Dism.
26%, 24,680
Warrant
5%, 5,128
Pretrial Release
Determination
Bronx
Arraignment +
Pre-Trial
Release
64,371
Convicted
26%, 16,742
Continued
54%, 35,010
Remand
1%, 295
Held Bail
26%, 8,973
Released
with Bail
3%, 1,146
Supervised
Release
0
ROR
68%, 23,970
RAI
ACD / Dism.
11%, 6,879
Warrant
9%, 5,734
Pretrial Release
Determination
Staten Island
Arraignment +
Pre-Trial
Release
11,249
Convicted
18%, 2,019
Continued
69%, 7,752
Remand
1%, 67
Held Bail
24%, 1,824
Released
with Bail
6%, 468
Supervised
Release
0%, 0
ROR
70%, 5,391
RAI
ACD / Dism.
8%, 911
Warrant
5%, 566
Pretrial Release
Determination
Queens
Arraignment +
Pre-Trial
Release
69,749
Convicted
16%, 11,131
Continued
52%, 36,468
Remand
2%, 565
Held Bail
23%, 8,523
Released
with Bail
3%, 1,063
Supervised
Release
1%, 301
ROR
72%, 26,308
RAI
ACD / Dism.
26%, 18,305
Warrant
6%, 3,841
click here for
more info
click any borough
for detailed data
A significant number of misdemeanor cases are disposed of at
arraignment; some judges noted that it is clear that certain cases are headed for
dismissal. The use of release on recognizance (ROR) is a New York City hallmark:
93% of ROR defendants appear voluntarily within 30 days and 17% warrant rate.
Bail: the DAā€™s bail request is reported to be the single greatest driver of bail set in
New York City. The arraignment process, which typically commences with
determination of possible disposition followed by a prosecutorā€™s bail application,
may enhance this. Citywide, substantial numbers of people do not make bail and
remain detained after arraignment (either until an early release governed by New
York Criminal Procedure Law Ā§Ā§ 170.70 or 180.80 (legal insufficiency) or until
disposition).
The New York bail statute allows for cash and insurance company bond, as well as
unsecured and partially secured personal or third-party surety, and credit card bail
in some cases. These are rarely used by judges. In the Bronx, defense attorneys
report training on alternative bail for courts and counsel in the last five years
without discernible impact. Citywide, moving away from monetary bail has
commenced with increased use of risk assessment and supervised release, which
is rolling out citywide in 2016 after successful pilots in Manhattan and Queens.
ļƒ¼Current
Decision-Making:
Release decisions
are most of all
driven by charge
severity, not risk
level as
determined
through empirical
analysis. The CJA
recommendation is
associated with
decisions but is not
the main driver.
Timing: In New York City,
arraignment must occur
within 24 hours of arrest
according to law. In some
boroughs, this occurs despite
significant challenges:
despite lower volume in
Staten Island, the lack of a
dedicated arraignment part,
night shifts, a high conflict-
of-interest rate, + housing
challenges pre-arraignment
is addressed by sector-wide
ā€œmorning meetings.ā€
Additional Data Analytics
ā€¢ Case processing delays contribute to a backlog in court, prolonged
incarceration, and an increase in the jail population. New York law
recommends that cases become trial-ready within six months (roughly 180
days); currently, the average case processing time in New York City is 320
days.
ā€¢ The frequency and length of time between adjournments also increases case
processing times. From 2000 - 2014, NYC saw a 61% increase in cases
pending beyond 180 days (from 4246 to 6828). In 2014, Manhattan and the
Bronx accounted for 65% of cases delayed beyond six months.
ā€¢ The increase in length of stay for detainees since 1995 was sharpest in the
Bronx (up 108%) and smallest in Staten Island (down 10%). There has been a
31% increase in the Rikers population due to increased case processing time
in Supreme Court Since 1995.
Decision Point: CASE PROCESSING
(click here to return to system map)
Case Processing
Analytics
Case Processing for
Felony Cases
Mayorā€™s Case
Processing Project
Interim Outcomes
Problem-Solving Courts: Special court parts seek to be responsive to
particular needs of the individual, including Drug Treatment Court,
Veterans Court, Youth Court, Mental Health Court
Case Processing Project: New York City is 4 months into an intensive
case processing review involving enhanced focus on a backlog of 1427
cases as well as investigation of systemic issues driving inefficiency,
delay, or other factors contrary to the interests of justice. As of August
2014, NYC successfully reduced 50% of the backlogged cases with a
concomitant reduction in local jail population.
Open File Discovery remains controversial in New York City. Brooklyn
is the only borough that has open file discovery as a standard practice.
Brooklyn prosecutors report some discovery delays due to discovery
not yet produced by the police officers and withhold some sensitive
discovery until late in the case on policy grounds. All other boroughs
lack OFD. Defense attorneys report it would show great compliance
with the interests of justice, aid in speeding case processing, and
promote faster dispositions where appropriate. Prosecutors have
responded that pilot OFD projects donā€™t demonstrate faster processing
times or reduced motion practice.
Expert + Forensic Discovery is also a significant driver of case
processing delay, particularly cases involving the use of DNA.
ļƒŸ Borough
affects the
likelihood of
detention + jail
sentence.
Decision Point: DISPOSITION +
SENTENCE (click here to return to system map)
Click for
more
info
DispositionĀ¹
346,904
(misdemeanors:
215,352)
SentencingĀ¹
152,739
(misdemeanors:
103,675)
ACD
20%, 70,730
(misdemeanors:
64,057)
Acquitted
0.1%, 516
(misdemeanors:
213)
Convicted
44%, 152,739
(misdemeanors:
103,675)
Dismissed
14%, 49,567
(misdemeanors:
31,045)
Diverted
0.1%, 399
(misdemeanors: 12)
Time Served
22%, 33,417
(misdemeanors:
26,761)
CD
40%, 60,714
(misdemeanors:
42,602)
Fine
13%, 20,184
(M) 16,665
Other
0.2%, 309
(misdemeanors:
194)
Probation
3%, 4,041
(misdemeanors
: 560)
Jail
18%, 26,855
(misdemeanors:
16,548)
Prison
4%, 6,160
(misdemeanors:
184)
Split
1%, 1,059
(misdemeanors:
149)
Manhattan
DispositionĀ¹
90,917
Brooklyn
DispositionĀ¹
90,241
Bronx
DispositionĀ¹
84,852
Staten Island
DispositionĀ¹
12,134
Queens
DispositionĀ¹
68,760
Manhattan
DispositionĀ¹
90,917
Manhattan
SentencingĀ¹
45,718
ACD
20%, 18,061
Acquitted
0.2%, 144
Convicted
50%, 45,718
Dismissed
13%, 11,502
Diverted
0.1%, 50
Time
Served
31%, 14,137
Conditional
Discharge
30%, 13,506
Fine
9%, 3,970
Other
0.1%, 50
Probation
3%, 1,181
Jail
23%, 10,382
Prison
5%, 2,141
Split
1%, 351
Brooklyn
DispositionĀ¹
90,241
Brooklyn
SentencingĀ¹
36,916
ACD
24%, 21,301
Acquitted
0.1%, 122
Convicted
41%, 36,916
Dismissed
18%, 16,419
Diverted
0.2%, 187
Time
Served
34%, 12,644
Conditional
Discharge
32%, 11,861
Fine
10%, 3,639
Other
0.4%, 164
Probation
2%, 756
Jail
17%, 6,415
Prison
3%, 1,220
Split
1%, 217
Queens
DispositionĀ¹
68,760
Queens
SentencingĀ¹
28,944
ACD
28%, 18,916
Acquitted
0.1%, 86
Convicted
42%, 28,944
Dismissed
10%, 7,195
Diverted
0.1%, 71
Time
Served
14%, 3,980
Conditional
Discharge
43%, 12,473
Fine
22%, 6,443
Other
0.2%, 48
Probation
3%, 899
Jail
13%, 3,626
Prison
4%, 1,261
Split
1%, 214
Bronx
DispositionĀ¹
84,852
Bronx
SentencingĀ¹
35,386
ACD
13%, 11,091
Acquitted
0.2%, 155
Convicted
42%, 35,386
Dismissed
14%, 12,108
Diverted
0%, 0
Time
Served
7%, 2,342
Conditional
Discharge
57%, 20,123
Fine
14%, 5,052
Other
0.1%, 31
Probation
3%, 953
Jail
15%, 5,360
Prison
4%, 1,327
Split
1%, 198
Staten Island
DispositionĀ¹
12,134
Staten Island
SentencingĀ¹
5,775
ACD
11%, 1,361
Acquitted
0.1%, 9
Convicted
48%, 5,775
Dismissed
19%, 2,343
Diverted
0.3%, 31
Time
Served
5%, 314
Conditional
Discharge
48%, 2,751
Fine
19%, 1,080
Other
0.3%, 16
Probation
4%, 252
Jail
19%, 1,072
Prison
4%, 211
Split
1%, 79
Click on any borough
for detailed dataā€¦
For cases that survive arraignment, many dispositions occur on the first
court date after initial arraignment (the 180.80 or 170.70 day) or, with respect
to felonies, prior to supreme court arraignment using a plea instrument called a
Supreme Court Information (SCI) in criminal court before a judge with supreme
court jurisdiction. Some boroughs, like Queens, have a heavy SCI practice as their
best pleas come at the start of the case and there is a no-plea policy after
indictment. Citywide, after indictment, delays in discovery can extend case
processing times even for cases resulting in a plea. Pleas in New York typically
involve a negotiated sentence.
Plea Offers are formulated by the assigned assistant district attorney, with review
by a supervisor or bureau chief. In some boroughs, an ADA with authority to
modify the offer is stationed in the part to promote efficiency. In Queens, cases
proceed post-indictment until they are trial ready due to a no-plea policy.
Diversion was adopted early in NYC and refining and enhancing appropriate
diversion options remains a strong priority. In addition to privately funded
programming, New York City spends $14 million comprehensively funding 15
different programs involving approximately 11,000 intakes in 2014.
Decision Point:
POST-CONVICTION +
RE-ENTRY
(click here to return to system map)
Click on any borough
for detail
Post-Conviction/
Re-entry
Violations of
Probation
3,060*
Jail
1,142
Prison
190
Terminated
1,155
Restored
573
Parole
9,032 released
[Shock: 127]
[JO, Willard, etc.: 77]
Revoked
2,389
Revoked &
Restored
(1,230)
ATI Resolution
(1,148)
Parole Violations
(including non-
delinquency)
5,218
Successful
Re-entry
5,009
Time
Served
412
Staten Island
Post-Conviction/
Re-entry
Queens
Post-Conviction/
Re-entry
Manhattan
Post-Conviction/
Re-entry
Brooklyn
Post-Conviction/
Re-entry
Bronx
Post-Conviction/
Re-entry
Staten Island
Post-Conviction/
Re-entry
Staten Island
VoPs
94*
Jail
52
Prison
3
Terminated
20
Restored
19
Staten Island
Parole
582 released
[Shock: 7]
[JO: 2]Revoked
125
Revoked &
Restored (67)
ATI Resolution
(50)
Parole Violations
(including non-
delinquency)
265
Successful
Re-entry
274
Time
Served
20
Manhattan
Post-Conviction/
Re-entry
Manhattan
VoPs
675
Jail
269
Prison
30
Terminated
207
Restored
169
Manhattan
Parole
1,880 released
[Shock: 27]
[JO, Willard, etc.: 13]Revoked
496
Revoked &
Restored (243)
ATI Resolution
(245)
Parole Violations
(including non-
delinquency)
1,071
Successful
Re-entry
1,058
Time
Served
81
Queens
Post-Conviction/
Re-entry
Queens
VoPs
1,209*
Jail
390
Prison
103
Terminated
607
Restored
109
Revoked
310
Revoked &
Restored (191)
ATI Resolution
(164)
Parole Violations
(including non-
delinquency)
721
Successful
Re-entry
854
Time
Served
49
Queens Parole
1,526 released
[Shock: 29]
[JO, Willard, etc.: 16]
Brooklyn
Post-Conviction/
Re-entry
Brooklyn
VoPs
528*
Jail
165
Prison
19
Terminated
176
Restored
138
Brooklyn
Parole
2,669 released
[Shock: 38]
[JO, Willard, etc.: 25]Revoked
783
Revoked &
Restored (358)
ATI Resolution
(369)
Parole Violations
(including non-
delinquency)
1,657
Successful
Re-entry
1,399
Time
Served
134
Bronx
Post-Conviction/
Re-entry
Bronx
VoPs
554*
Jail
236
Prison
35
Terminated
145
Restored
138
Bronx
Parole
2,375 released
[Shock: 26]
[JO, Willard, etc.: 21]Revoked
675
Revoked &
Restored (371)
ATI Resolution
(320)
Parole Violations
(including non-
delinquency)
1,504
Successful
Re-entry
1,424
Time
Served
128
Click on decision
point for more
detail
ā€¢ Diversion was adopted early in NYC and refining
and enhancing appropriate diversion options
remains a strong priority. In addition to privately
funded programming, New York City spends $14
million comprehensively funding 15 different ATI
programs involving approximately 11,000 intakes
in 2014.
ā€¢ Probation, Parole, and many directed dispositions
in New York City rely on alternatives to
incarceration to address addiction, mental health,
and other needs.
ā€¢ Discharge planning is also mandated for all persons
departing jail with mental health needs under a
consent decree entered in the Brad H. litigation
over a decade ago.
ā€¢ Currently, NYC is undergoing a citywide project to
map alternative to incarceration programming to
better match people to appropriate programs, to
identify gaps in services, and to better ensure
fidelity to evidence-based models, an initiative
called ā€œMap the World.ā€
Pretrial Release
Determination
Assignment
to Counsel
Arrest
75,813
Summons
72,244
DAT
26%, 19,420
Custodial
Arrests
74%, 56,393
DeclinedĀ²
7%, 5,145
Unknown
1%, 919
Accepted
92%, 69,749
Prosecutorial
Charging
Arraignment
69,749
DispositionĀ¹
68,760
SentencingĀ¹
28,944
Convicted
16%, 11,131
Continued
52%, 36,468
Remand
2%, 565
Held Bail
23%, 8,523
Released
with Bail
3%, 1,063
Supervised
Release
1%, 301
ROR
72%, 26,308
ACD
28%, 18,916
Acquitted
0.1%, 86
Convicted
42%, 28,944
Dismissed
10%, 7,195
Diverted
0.1%, 71
Time
Served
14%, 3,980
Conditional
Discharge
43%, 12,473
Fine
22%, 6,443
Other
0.2%, 48
Probation
3%, 899
Jail
13%, 3,626
Prison
4%, 1,261
Split
1%, 214
RAI
Queens System Map (2014)
ACD / Dism.
26%, 18,305
Warrant
6%, 3,841
Police Encounter
Public
75%, 52,060
Private
6%, 4,135
Crt-Ordered
1%, 1,029
Unknown
18%, 12,525
Not
detained
Not detained; may serve
or may have served time
Diverted from jail
Diverted
from jail
Into/toward
inc. Into/toward incarceration
Legend
Note: Some variations due to incompatible data sources or other inaccuracies may exist.
Ā² ā€˜Decline to Prosecuteā€™ dispositions in Queens County include a substantial number of non-docketed arrests
transmitted to DCJS where the defendant was prosecuted for an associated arrest.
Queens
Post-Conviction/
Re-entry
Queens
VoPs
1,209*
Jail
390
Prison
103
Terminated
607
Restored
109
Revoked
310
Revoked &
Restored (191)
ATI Resolution
(164)
Parole Violations
(including non-
delinquency)
721
Successful
Re-entry
854
Time
Served
49
Queens Parole
1,526 released
[Shock: 29]
[JO, Willard, etc.: 16]
ļƒŸ Previous Slide
Pretrial Release
Determination
Assignment
to Counsel
Arrest
85,712
Summons
76,034
DAT
25%, 21,748
Custodial
Arrests
75%, 63,964
Declined
16%, 13,817
Uknown
9%, 7,524
Accepted
75%, 64,371
Prosecutorial
Charging
Arraignment
64,371
DispositionĀ¹
84,852
SentencingĀ¹
35,386
Convicted
26%, 16,742
Continued
54%, 35,010
Remand
1%, 295
Held Bail
26%, 8,973
Released
with Bail
3%, 1,146
Supervised
Release
0
ROR
68%, 23,970
ACD
13%, 11,091
Acquitted
0.2%, 155
Convicted
42%, 35,386
Dismissed
14%, 12,108
Diverted
0%, 0
Time
Served
7%, 2,342
Conditional
Discharge
57%, 20,123
Fine
14%, 5,052
Other
0.1%, 31
Probation
3%, 953
Jail
15%, 5,360
Prison
4%, 1,327
Split
1%, 198
RAI
Bronx System Map (2014)
ACD / Dism.
11%, 6,879
Warrant
9%, 5,734
Police Encounter
Public
93%, 60,166
Private
2%,
974
Crt-Ordered
3%,
1,712
Not
detained
Not detained; may serve
or may have served time
Diverted from jail
Diverted
from jailInto/toward incarceration
Legend
Note: Some variations due to incompatible data sources or other inaccuracies may exist.
Bronx
Post-Conviction/
Re-entry
Bronx
VoPs
554*
Jail
236
Prison
35
Terminated
145
Restored
138
Bronx
Parole
2,375 released
[Shock: 26]
[JO, Willard, etc.: 21]Revoked
675
Revoked &
Restored (371)
ATI Resolution
(320)
Parole Violations
(including non-
delinquency)
1,504
Successful
Re-entry
1,424
Time
Served
128
ļƒŸ Previous Slide
Pretrial Release
Determination
Assignment
to Counsel
Arrest
106,962
Summons
103,976
DAT
22%, 23,263
Custodial
Arrests
78%, 83,699
Declined
7%, 7,826
Unknown
4%, 4,772
Accepted
88%, 94,364
Prosecutorial
Charging
Arraignment
94,364
DispositionĀ¹
90,241
SentencingĀ¹
36,916
Convicted
16%, 15,229
Continued
52%, 49,327
Remand
1%, 415
Held Bail
24%, 11,990
Released
with Bail
3%, 1,266
Supervised
Release
0.4%, 221Ā²
ROR
71%, 35,183
ACD
24%, 21,301
Acquitted
0.1%, 122
Convicted
41%, 36,916
Dismissed
18%, 16,419
Diverted
0.2%, 187
Time
Served
34%, 12,644
Conditional
Discharge
32%, 11,861
Fine
10%, 3,639
Other
0.4%, 164
Probation
2%, 756
Jail
17%, 6,415
Prison
3%, 1,220
Split
1%, 217
RAI
Brooklyn System Map (2014)
ACD / Dism.
26%, 24,680
Warrant
5%, 5,128
Police Encounter
Public
88%, 82,699
Private
2%, 1,743
Crt-Ordered
2%, 1,697
Unknown
9%, 8,225
Not detained; may serve
or may have served time
Diverted from jail
Diverted
from jail
Into/toward
inc. Into/toward incarceration
Legend
Note: Some variations due to incompatible data sources or other inaccuracies may exist.
Brooklyn
Post-Conviction/
Re-entry
Brooklyn
VoPs
528*
Jail
165
Prison
19
Terminated
176
Restored
138
Brooklyn
Parole
2,669 released
[Shock: 38]
[JO, Willard, etc.: 25]Revoked
783
Revoked &
Restored (358)
ATI Resolution
(369)
Parole Violations
(including non-
delinquency)
1,657
Successful
Re-entry
1,399
Time
Served
134
ļƒŸ Previous Slide
Pretrial Release
Determination
Assignment
to Counsel
Arrest
106,582
Summons
94,141
DAT
29%, 30,776
Custodial
Arrests
71%, 75,806
Declined
3%, 3,529
Unknown
5%, 5,397
Accepted
92%, 97,656
Prosecutorial
Charging
Arraignment
97,656
DispositionĀ¹
90,917
SentencingĀ¹
45,718
Convicted
32%, 31,597
Continued
43%, 41,805
Remand
2%, 753
Held Bail
31%, 12,874
Released
with Bail
3%, 1,228
Supervised
Release
1%, 335
ROR
63%, 26,216
ACD
20%, 18,061
Acquitted
0.2%, 144
Convicted
50%, 45,718
Dismissed
13%, 11,502
Diverted
0.1%, 50
Time
Served
31%, 14,137
Conditional
Discharge
30%, 13,506
Fine
9%, 3,970
Other
0.1%, 50
Probation
3%, 1,181
Jail
23%, 10,382
Prison
5%, 2,141
Split
1%, 351
RAI
Manhattan System Map (2014)
ACD / Dism.
18%, 17,515
Warrant
7%, 6,733
Public
78%, 76,571
Private
5%, 4,490
Crt-Ordered
3%, 3,075
Unknown
14%, 13,520
Police Encounter
Not
detained
Not detained; may serve
or may have served time
Diverted from jail
Diverted
from jail
Into/toward
inc. Into/toward incarceration
Legend
Note: Some variations due to incompatible data sources or other inaccuracies may exist.
Manhattan
Post-Conviction/
Re-entry
Manhattan
VoPs
675
Jail
269
Prison
30
Terminated
207
Restored
169
Manhattan
Parole
1,880 released
[Shock: 27]
[JO, Willard, etc.: 13]Revoked
496
Revoked &
Restored (243)
ATI Resolution
(245)
Parole Violations
(including non-
delinquency)
1,071
Successful
Re-entry
1,058
Time
Served
81
ļƒŸ Previous Slide
Pretrial Release
Determination
Assignment
to Counsel
Arrest
13,080
Summons
13,010
DAT
28%, 3,699
Custodial
Arrests
72%, 9,381
Declined
6%, 749
Unknown
8%, 1,082
Accepted
86%, 11,249
Prosecutorial
Charging
Arraignment
11,249
DispositionĀ¹
12,134
SentencingĀ¹
5,775
Convicted
18%, 2,019
Continued
69%, 7,752
Remand
1%, 67
Held Bail
24%, 1,824
Released
with Bail
6%, 468
Supervised
Release
0%, 0
ROR
70%, 5,391
ACD
11%, 1,361
Acquitted
0.1%, 9
Convicted
48%, 5,775
Dismissed
19%, 2,343
Diverted
0.3%, 31
Time
Served
5%, 314
Conditional
Discharge
48%, 2,751
Fine
19%, 1,080
Other
0.3%, 16
Probation
4%, 252
Jail
19%, 1,072
Prison
4%, 211
Split
1%, 79
RAI
Staten Island System Map (2014)
Not
detained
Not detained; may serve
or may have served time
Diverted from jail
Diverted
from jail
Into/toward
inc. Into/toward incarceration
Legend
ACD / Dism.
8%, 911
Warrant
5%, 566
Police Encounter
Public
72%, 8,155
Private
8%, 898
Crt-Ordered
17%, 1,899
Unknown
3%, 297
Staten Island
Post-Conviction/
Re-entry
Staten Island
VoPs
94*
Jail
52
Prison
3
Terminated
20
Restored
19
Note: Some variations due to incompatible data sources or other inaccuracies may exist.
Staten Island
Parole
582 released
[Shock: 7]
[JO: 2]Revoked
125
Revoked &
Restored (67)
ATI Resolution
(50)
Parole Violations
(including non-
delinquency)
265
Successful
Re-entry
274
Time
Served
20
ļƒŸ Previous Slide
DATA SOURCES
1. Summonses (2014) provided by New York Police Department
2. Arrest to pretrial release determination (2014) provided by NYC Criminal Justice
Agency (CJA); misdemeanor data are 2013 with the exception of ā€œArrestā€ (2014 ā€“
NYPD) and ā€Declinedā€ (2014 ā€“ DCJS)
3. Disposition and sentencing data (2014) provided by NY State Division of Criminal
Justice Services (DCJS)
4. Ā¹DCJS data include adult arrests for finger-printable offenses (ages 16 and older)
5. Additional System Mapping Data Sources:
ā» Citywide Executive Committee (2 sessions)
ā» MacArthur Steering Committee (4 sessions)
ā» Borough Justice Sector Meetings (7 sessions)
ā» ā€œPath Analysisā€ Presentation + Data Maps
ā» Rikers Island ā€œPath of the Accusedā€ Experience
ā» Qualitative and quantitative data from the Office of Court Administration, the Mayorā€™s
Office on Criminal Justice, the District Attorneys of New York, Queens, Bronx, Kings, and
Richmond Counties, the Department of Probation, the NYS Division of Parole, the Legal
Aid Society, the Bronx Defenders, the Neighborhood Defender Service of Harlem,
Brooklyn Defenders, Queens Law Associates, the New York City Department of
Corrections, the New York City Department of Health and Mental Health, and the New
York City Police Department.

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NYC Criminal Justice System Map

  • 1. ā€¦ in a broadly inclusive + representative process with unprecedented participation and cooperation, New York City has engaged in a deeply descriptive qualitative and quantitative analysis of the criminal justice system. NEW YORK CITY JUSTICE SYSTEM MAP July 31, 2015 Planning Liaison Contact Information: Dominique Day Executive Director, Justice Initiatives Ē€ NYC Mayorā€™s Office of Criminal Justice office: (646)576-3491 Ē€ blackberry: (347)405-4399 Ē€ email: dday@cityhall.nyc.gov
  • 2. KEY POINTS click ļƒ¢ ļƒŸ Previous Slide Next Slide ļƒ  The decision to detain at arraignment impacts the life of a case and drives length of stay. Nearly half of those detained at arraignment remain in pretrial detention. Jail begets jailā€¦ within 2-3 days, incarceration contributes to recidivism. Controlling for all other factors, data indicates jail has a 7% criminogenic effect in New York City. In New York City, 59.8% of defendants with bail set or remand (over 22,000 people in 2012) have minimal, low, or moderate risk scores ā€“ a real opportunity for ROR, supervised release, and alternatives to pretrial detention (ATD) models which also may favorably impact case outcomes (highly determined by pretrial detention as demonstrated below). The steering committee followed the ā€œPath of an Inmateā€ in a trip to Rikers Island via corrections bus + processing via intake, classification, housing in womenā€™s and adolescent facilities. Above: Tina Luongo, criminal practice director for the Legal Aid Society, Matt Knecht, criminal practice director at Neighborhood Defender Service, Freda Solomon, senior research fellow at NYC Criminal Justice Agency, Julian Adler, CCI technical assistance provider, Angela La Scala-Gruenewald, MOCJ researcher. Below: Liz Glazer, director of the NYC Mayorā€™s Office of Criminal Justice, Elizabeth Brady, NYPD Executive Agency Counsel, +Tina Luongo Also Present: Eric Gonzalez, Chief Executive Assistant District Attorney, James Walsh, Deputy Commissioner for Adult Programming, Tim Oā€™Brien, Director of Internal Operations for Community Supervision, Aisha Greene, CCI technical assistance provider, Dominique Day, MOCJ Executive Director of Justice Initiatives New York City Redux: 5 Cities in 1 New York City is actually 5 cities in one: each borough (Manhattan, Brooklyn, Queens, Staten Island, and the Bronx) is a separate county. Each borough has distinct local practices, although all five counties share the local jail, principally housed on Rikers Island. Although many of the same challenges exist citywide, local practice suggests different underlying factors drive the use of local jail. Assessing efforts to improve case processing, enhance justice, and promote fairness relies on a deep understanding of local variances in practice and the MacArthur Safety + Justice Challenge system mapping exercise was instrumental in enhancing our understanding of the ā€œcultureā€ of each borough and the reform opportunities availableā€¦ and will inform our development of thoughtful, viable reform mechanisms. Local variances including a no-plea post-indictment policy in Queens, no dedicated court part and attorney interview space in Staten Island arraignments, policies to reduce low-level cases through marijuana reform and cancellation of warrants in Brooklyn, pilots in pre-arraignment diversion in Manhattan, and special challenges producing inmates in the Bronx - just a few examples - require New York to situate citywide initiatives within a recognition and respect for effective local practices while identifying solutions to local issues that drive inefficiency or a lack of fairness Other practices, like non-use of unsecured bond, appear more standardized citywide. click ļƒ 
  • 3. Public 83%, 279,651 Private 4%, 12,240 Crt-Ordered 3%, 9,412 Unknown 11%, 36,086 Pretrial Release Determination Assignment to Counsel Post-Conviction/ Re-entry Arrest 388,149 (misdemeanors: 261,460) Summons 359,202 DAT 25%, 98,906 Custodial Arrests 75%, 289,243 Declined 8%, 31,066 (misd: 15,196) Unknown 5%, 19,694 Accepted 87%, 337,389 (misdemeanors: 254,305) Prosecutorial Charging DispositionĀ¹ 346,904 (misdemeanors: 215,352) SentencingĀ¹ 152,739 (misdemeanors: 103,675) Dism. 1%, 4,058 Convicted 23%, 76,718 Supervised Release 1%, 880 Arraignment 337,389 (misdemeanors: 254,305) RAI Not detained Not detained; may serve or may have served time Diverted from jail Diverted from jail Into/toward inc. Into/toward incarceration Legend Warrant 7%, 22,002 (M) 18,180 Police Encounter Misdemeanors Disposed (M) 115,048 ACD 19%, 64,243 Note: Some variations due to incompatible data sources or other inaccuracies may exist. Time Served 22%, 33,417 (misdemeanors: 26,761) CD 40%, 60,714 (misdemeanors: 42,602) Fine 13%, 20,184 (M) 16,665 Other 0.2%, 309 (misdemeanors: 194) Probation 3%, 4,041 (misdemeanors : 560) Jail 18%, 26,855 (misdemeanors: 16,548) Prison 4%, 6,160 (misdemeanors: 184) Split 1%, 1,059 (misdemeanors: 149) Remand 1%, 2,095 (misdemeanors: 248) Held Bail 26%, 44,185 (misdemeanors: 21,639 Made Bail 3%, 5,171 (misdemeanors: 2,793) ROR 69%, 117,068 (misdemeanors: 95,250) ACD 20%, 70,730 (misdemeanors: 64,057) Acquitted 0.1%, 516 (misdemeanors: 213) Convicted 44%, 152,739 (misdemeanors: 103,675) Dismissed 14%, 49,567 (misdemeanors: 31,045) Diverted 0.1%, 399 (misdemeanors: 12) Continued 50%, 170,362 (misdemeanors: 121,066) Violations of Probation 3,060* Jail 1,142 Prison 190 Terminated 1,155 Restored 573 Parole (9,032 released) [Shock: 127] [JO, Willard: 77] Revoked 2,389 Revoked & Restored (1,230) ATI Resolution (1,148) Parole Violations (including non- delinquency) 5,218 Successful Re-entry 5,009 Time Served 412 Case Processing Click on any decision point for a deep diveā€¦ Borough Maps Manhattan Brooklyn Queens Staten Island Bronx Source information (click) ļƒŸ Previous Slide Next Slide ļƒ  New York City System Map (2014)
  • 4. Decision Point: ARREST (click here to return to system map) Citywide 2014 Arrests 388,149 (261,460 misd) Narrative Data Analysis Projects Click on any borough for relevant dataā€¦ Manhattan Arrests 106,582 Brooklyn Arrests 106,962 Staten Island Arrests 13,080 Bronx Arrests 85,712 Queens Arrests 75,813 Citywide DAT 25%, 98,906 Custodial Arrests 75%, 289,243 Manhattan Arrests 106,582 Summons 94,141 DAT 29%, 30,776 Custodial Arrests 71%, 75,806 Police Encounter Arrest 75,813 Summons 72,244 DAT 26%, 19,420 Custodial Arrests 74%, 56,393 Police Encounter Arrest 106,962 Summons 103,976 DAT 22%, 23,263 Custodial Arrests 78%, 83,699 Police Encounter Arrest 13,080 Summons 13,010 DAT 28%, 3,699 Custodial Arrests 72%, 9,381 Police Encounter Arrest 85,712 Summons 76,034 DAT 25%, 21,748 Custodial Arrests 75%, 63,964 Police Encounter -7% -6% 0% 9% -10% -5% 0% 5% 10% Black-African-American Hispanic/Latino White Asian Percentage Point Change in Likelihood of DAT (Comparison to White) Arrest are complaint driven, officer-observed, or the result of investigations. An arresting officer has some discretion to arrest and whether an arrest could be custodial or desk appearance tickets (DAT), but a supervising sergeant or lieutenant verifies the decisions. Some discretion exists in certain circumstances as to whether to issue a criminal court summons, a civil or administrative ticket, or a DAT/custodial arrest (e.g., jumping the subway turnstile). DATs: DAT eligibility is determined based on NYPD guidance and policy. In addition to charge ineligibility, suspects are ineligible for DATs if the case involves domestic violence, or if the detained individual was under the influence of alcohol/drugs, lacked identification (12% of detainees), had prior arrests, violated parole, had 3-5 summonses within short period of time, failed to cooperate with the police officer, had warrants in the system, owed DNA to the database, etc. Some factors, like cooperativeness, may be subjective. Other factors, like health complications, may support an otherwise ineligible DAT. At the precinct level, DAT determinations are aided by a database search, which a supervisor can overrule or reconsider. ā€¢ High-frequency DAT charges: Petit larceny (155.25), theft (165.15), drug possession (220.03), and marijuana possession (221.10). ā€¢ DAT detainees rarely pose a high risk of re-arrest and pose minimal risk of violent felony offending ā€¢ Persons arraigned on DATs are very rarely detained unless they fail to appear on their scheduled arraignment date (22% detained citywide after FTA). Notably, only 15% of these DATs ā€œreturned on a warrantā€ appear before the court as a result of a new case. ā€¢ Racial + Ethnic Disparities: compared with custodial arrest, Asians are more likely to receive DATs than whites, while African- Americans and Latinos are less likely to get DATs than white suspects. ā€¢ Looking at ACD outcomes to reveal opportunities for greater use of DATs, one interesting idea, would most successfully target cases in Brooklyn and Queens, without prior arrest/convictions, marijuana or property charges, females, and 16-24 year olds. Interesting Pilots + Projects ā€¢ Project Reset: very small pilot in Manhattan and Brooklyn (~20 participants in Manhattan) DAT fast track to divert adolescents with low-level offenses pre-arraignment. Eligible candidates are referred to defense attorneys and attend programs assigned by the court. Adolescents are released from a precinct with a brochure and DAT. If complete program, the judge dismisses case without any appearance in court. ā€¢ Summons Reform: several initiatives in place to address police encounters that result in summonses for non- criminal violations. Among other things, a working group is looking at redesigning the summons appearance ticket to enhance readability and comprehension, and implementing reminders via text to improve the failure to appear rate. ā€¢ Technological Improvements: a new initiative seeks to allow warrant checks in the field. Officers will have tablets or laptops that allow real-time analytics through the central data hub and possibly allow for increased DATs and DATs to be issued in the field. ā€¢ ID Initiative: NYC also expects the DAT rate to rise through ā€œID Reform,ā€ i.e., expanding acceptable forms of ID and opportunities to offer ID as well as making sure that young people between school and work with no ā€œofficialā€ ID can get one or have a meaningful alternative.
  • 5. Decision Point: CHARGE(click here to return to system map) Prosecutorial Charging Declined 8%, 31,066 (M) 15,196 Unknown 5%, 19,694 Accepted 87%, 337,389 (M) 254,305 Manhattan Charging Brooklyn Charging Staten Island ChargingQueens Charging Bronx Charging Click box for info Click on any borough for relevant dataā€¦ Declined 16%, 13,817 Unknown 9%, 7,524 Accepted 75%, 64,371 Bronx Prosecutorial Charging Declined 3%, 3,529 Unknown 5%, 5,397 Accepted 92%, 97,656 Manhattan Charging DeclinedĀ² 7%, 5,145 Unknown 1%, 919 Accepted 92%, 69,749 Queens Charging Declined 6%, 749 Unknown 8%, 1,082 Accepted 86%, 11,249 Staten Island Charging Declined 7%, 7,826 Unknown 4%, 4,772 Accepted 88%, 94,364 Brooklyn Charging Every borough in the city has a process that involves writing up a criminal court accusatory instrument from reports, and sometimes interviews with complainants. This typically involves review of the available evidence and its legality, as well as a request on bail. In all boroughs, junior ADAs draft cases with onsite supervision. Paralegals may draft shoplifting and low level cases, which are reviewed by an ADA. In Queens, many cases declined by the federal government fall into the local prosecutorā€™s hands. ā€¢ Vertical Prosecution: Some boroughs use vertical prosecution (i.e., a single prosecutor handles the case, as opposed to the assembly- line ā€œhorizontal prosecutionā€) in specialized cases. Prosecutors cite vertical prosecution as most effective but least efficient. In the Bronx, homicides, sex crimes and some others are vertical. Brooklyn leans toward more vertical prosecution, where possible. ā€¢ Upstream/Downstream Time Savings: In some boroughs, like Manhattan, Queens, and Brooklyn, most pre-arraignment communication with the police officer who prepared the case is done via phone or fax due to high volume and the time pressure of arraigning cases within 24 hours of arrest. Officers appear prior to arraignment principally on sensitive cases. This may occasion delays in receipt and production of discovery later on. ā€¢ Adjustment of Charges: On a regular basis, charges are adjusted in the preparation of the criminal court accusatory instrument. The arrest charges are determined based on the highest charge the police officers believe can be sustained and the prosecutorial review often results in a modification or reduction of charges. ā€¢ Declination: Some charges may be declined for lack of evidence or on policy grounds. In the Bronx, the ADA speaks to a complainant to sustain a charge, including domestic violence. In Brooklyn, the ADA will not proceed without speaking to a complainant unless it is a domestic violence case. Trespass cases and some marijuana cases may also be reduced or declined in some boroughs, like Brooklyn and the Bronx, on policy grounds.
  • 6. Decision Point: RIGHT TO COUNSEL (click here to return to system map) click here for more info Assignment of Counsel (citywide) Public 83%, 279,651 Private 4%, 12,240 Crt-Ordered 3%, 9,412 Unknown 11%, 36,086 Manhattan Brooklyn Staten Island Bronx Queens Manhattan Assigned Counsel Public 78%, 76,571 Private 5%, 4,490 Crt-Ordered 3%, 3,075 Unknown 14%, 13,520 Brooklyn Assigned Counsel Public 88%, 82,699 Private 2%, 1,743 Crt-Ordered 2%, 1,697 Unknown 9%, 8,225 Bronx Assigned Counsel Public 93%, 60,166 Private 2%, 974 Crt-Ordered 3%, 1,712 Unknown 2%, 1,519 Staten Island Assigned Counsel Public 72%, 8,155 Private 8%, 898 Crt-Ordered 17%, 1,899 Unknown 3%, 297 Queens Assigned Counsel Public 75%, 52,060 Private 6%, 4,135 Crt-Ordered 1%, 1,029 Unknown 18%, 12,525 click any borough for detailed data In New York City, all defendants who cannot afford a lawyer are assigned counsel prior to arraignment, which occurs within 24 hours of arrest by statute. In practice, institutional indigent defense providers and members of the private bar available for court appointments (ā€œ18b counselā€) conduct a conflict check and a financial eligibility check upon meeting their clients in advance of the case arraignment. Institutional Indigent Defense Providers in New York City: ā€¢ Neighborhood Defender Service of Harlem ā€¢ Legal Aid Society ā€¢ New York County Defenders ā€¢ Bronx Defenders ā€¢ Queens Law Associates ā€¢ Brooklyn Defenders In addition, each borough has a panel of Appointed (ā€œ18bā€) Counsel. There is also an 18b Homicide Panel charged with handling indigent defendants charged with homicides. In Staten Island, which awaits the imminent opening of a new courthouse, facilities complicate both assignment of counsel and confidentiality. Without a dedicated arraignment courtroom, or ā€œpart,ā€ and without private areas for confidential communications with counsel, attorneys must interview clients sometimes shoulder-to-shoulder with co-defendants and in the presence of up to half a dozen additional defendants. In addition, there is a high rate of conflicts of interest which complicates representation.
  • 7. Decision Point: ARRAIGNMENT (click here to return to system map) Manhattan Arraignment + Pre-trial Release 97,656 Brooklyn Arraignment + Pre-Trial Release 94,364 Bronx Arraignment + Pre-Trial Release 64,371 Queens Arraignment + Pre-Trial Release 69,749 Staten Island Arraignment + Pre-Trial Release 11,249 Pretrial Release Determination Arraignment 337,389 (misdemeanors: 254,305) Dism. 1%, 4,058 Convicted 23%, 76,718 Continued 50%, 170,362 (misdemeanors: 121,066) Remand 1%, 2,095 (misdemeanors: 248) Held Bail 26%, 44,185 (misdemeanors: 21,639 Made Bail 3%, 5,171 (misdemeanors: 2,793) Supervised Release 1%, 880 ROR 69%, 117,068 (misdemeanors: 95,250) RAI Warrant 7%, 22,002 (misdemeanors: 18,180) Misdemeanors Disposed 115,048 ACD 19%, 64,243 Pretrial Release Determination Manhattan Arraignment + Pre-trial Release 97,656 Convicted 32%, 31,597 Continued 43%, 41,805 Remand 2%, 753 Held Bail 31%, 12,874 Released with Bail 3%, 1,228 Supervised Release 1%, 335 ROR 63%, 26,216 RAI ACD / Dism. 18%, 17,515 Warrant 7%, 6,733 Pretrial Release Determination Brooklyn Arraignment + Pre-Trial Release 94,364 Convicted 16%, 15,229 Continued 52%, 49,327 Remand 1%, 415 Held Bail 24%, 11,990 Released with Bail 3%, 1,266 Supervised Release 0.4%, 221Ā² ROR 71%, 35,183 RAI ACD / Dism. 26%, 24,680 Warrant 5%, 5,128 Pretrial Release Determination Bronx Arraignment + Pre-Trial Release 64,371 Convicted 26%, 16,742 Continued 54%, 35,010 Remand 1%, 295 Held Bail 26%, 8,973 Released with Bail 3%, 1,146 Supervised Release 0 ROR 68%, 23,970 RAI ACD / Dism. 11%, 6,879 Warrant 9%, 5,734 Pretrial Release Determination Staten Island Arraignment + Pre-Trial Release 11,249 Convicted 18%, 2,019 Continued 69%, 7,752 Remand 1%, 67 Held Bail 24%, 1,824 Released with Bail 6%, 468 Supervised Release 0%, 0 ROR 70%, 5,391 RAI ACD / Dism. 8%, 911 Warrant 5%, 566 Pretrial Release Determination Queens Arraignment + Pre-Trial Release 69,749 Convicted 16%, 11,131 Continued 52%, 36,468 Remand 2%, 565 Held Bail 23%, 8,523 Released with Bail 3%, 1,063 Supervised Release 1%, 301 ROR 72%, 26,308 RAI ACD / Dism. 26%, 18,305 Warrant 6%, 3,841 click here for more info click any borough for detailed data A significant number of misdemeanor cases are disposed of at arraignment; some judges noted that it is clear that certain cases are headed for dismissal. The use of release on recognizance (ROR) is a New York City hallmark: 93% of ROR defendants appear voluntarily within 30 days and 17% warrant rate. Bail: the DAā€™s bail request is reported to be the single greatest driver of bail set in New York City. The arraignment process, which typically commences with determination of possible disposition followed by a prosecutorā€™s bail application, may enhance this. Citywide, substantial numbers of people do not make bail and remain detained after arraignment (either until an early release governed by New York Criminal Procedure Law Ā§Ā§ 170.70 or 180.80 (legal insufficiency) or until disposition). The New York bail statute allows for cash and insurance company bond, as well as unsecured and partially secured personal or third-party surety, and credit card bail in some cases. These are rarely used by judges. In the Bronx, defense attorneys report training on alternative bail for courts and counsel in the last five years without discernible impact. Citywide, moving away from monetary bail has commenced with increased use of risk assessment and supervised release, which is rolling out citywide in 2016 after successful pilots in Manhattan and Queens. ļƒ¼Current Decision-Making: Release decisions are most of all driven by charge severity, not risk level as determined through empirical analysis. The CJA recommendation is associated with decisions but is not the main driver. Timing: In New York City, arraignment must occur within 24 hours of arrest according to law. In some boroughs, this occurs despite significant challenges: despite lower volume in Staten Island, the lack of a dedicated arraignment part, night shifts, a high conflict- of-interest rate, + housing challenges pre-arraignment is addressed by sector-wide ā€œmorning meetings.ā€ Additional Data Analytics
  • 8. ā€¢ Case processing delays contribute to a backlog in court, prolonged incarceration, and an increase in the jail population. New York law recommends that cases become trial-ready within six months (roughly 180 days); currently, the average case processing time in New York City is 320 days. ā€¢ The frequency and length of time between adjournments also increases case processing times. From 2000 - 2014, NYC saw a 61% increase in cases pending beyond 180 days (from 4246 to 6828). In 2014, Manhattan and the Bronx accounted for 65% of cases delayed beyond six months. ā€¢ The increase in length of stay for detainees since 1995 was sharpest in the Bronx (up 108%) and smallest in Staten Island (down 10%). There has been a 31% increase in the Rikers population due to increased case processing time in Supreme Court Since 1995. Decision Point: CASE PROCESSING (click here to return to system map) Case Processing Analytics Case Processing for Felony Cases Mayorā€™s Case Processing Project Interim Outcomes Problem-Solving Courts: Special court parts seek to be responsive to particular needs of the individual, including Drug Treatment Court, Veterans Court, Youth Court, Mental Health Court Case Processing Project: New York City is 4 months into an intensive case processing review involving enhanced focus on a backlog of 1427 cases as well as investigation of systemic issues driving inefficiency, delay, or other factors contrary to the interests of justice. As of August 2014, NYC successfully reduced 50% of the backlogged cases with a concomitant reduction in local jail population. Open File Discovery remains controversial in New York City. Brooklyn is the only borough that has open file discovery as a standard practice. Brooklyn prosecutors report some discovery delays due to discovery not yet produced by the police officers and withhold some sensitive discovery until late in the case on policy grounds. All other boroughs lack OFD. Defense attorneys report it would show great compliance with the interests of justice, aid in speeding case processing, and promote faster dispositions where appropriate. Prosecutors have responded that pilot OFD projects donā€™t demonstrate faster processing times or reduced motion practice. Expert + Forensic Discovery is also a significant driver of case processing delay, particularly cases involving the use of DNA. ļƒŸ Borough affects the likelihood of detention + jail sentence.
  • 9. Decision Point: DISPOSITION + SENTENCE (click here to return to system map) Click for more info DispositionĀ¹ 346,904 (misdemeanors: 215,352) SentencingĀ¹ 152,739 (misdemeanors: 103,675) ACD 20%, 70,730 (misdemeanors: 64,057) Acquitted 0.1%, 516 (misdemeanors: 213) Convicted 44%, 152,739 (misdemeanors: 103,675) Dismissed 14%, 49,567 (misdemeanors: 31,045) Diverted 0.1%, 399 (misdemeanors: 12) Time Served 22%, 33,417 (misdemeanors: 26,761) CD 40%, 60,714 (misdemeanors: 42,602) Fine 13%, 20,184 (M) 16,665 Other 0.2%, 309 (misdemeanors: 194) Probation 3%, 4,041 (misdemeanors : 560) Jail 18%, 26,855 (misdemeanors: 16,548) Prison 4%, 6,160 (misdemeanors: 184) Split 1%, 1,059 (misdemeanors: 149) Manhattan DispositionĀ¹ 90,917 Brooklyn DispositionĀ¹ 90,241 Bronx DispositionĀ¹ 84,852 Staten Island DispositionĀ¹ 12,134 Queens DispositionĀ¹ 68,760 Manhattan DispositionĀ¹ 90,917 Manhattan SentencingĀ¹ 45,718 ACD 20%, 18,061 Acquitted 0.2%, 144 Convicted 50%, 45,718 Dismissed 13%, 11,502 Diverted 0.1%, 50 Time Served 31%, 14,137 Conditional Discharge 30%, 13,506 Fine 9%, 3,970 Other 0.1%, 50 Probation 3%, 1,181 Jail 23%, 10,382 Prison 5%, 2,141 Split 1%, 351 Brooklyn DispositionĀ¹ 90,241 Brooklyn SentencingĀ¹ 36,916 ACD 24%, 21,301 Acquitted 0.1%, 122 Convicted 41%, 36,916 Dismissed 18%, 16,419 Diverted 0.2%, 187 Time Served 34%, 12,644 Conditional Discharge 32%, 11,861 Fine 10%, 3,639 Other 0.4%, 164 Probation 2%, 756 Jail 17%, 6,415 Prison 3%, 1,220 Split 1%, 217 Queens DispositionĀ¹ 68,760 Queens SentencingĀ¹ 28,944 ACD 28%, 18,916 Acquitted 0.1%, 86 Convicted 42%, 28,944 Dismissed 10%, 7,195 Diverted 0.1%, 71 Time Served 14%, 3,980 Conditional Discharge 43%, 12,473 Fine 22%, 6,443 Other 0.2%, 48 Probation 3%, 899 Jail 13%, 3,626 Prison 4%, 1,261 Split 1%, 214 Bronx DispositionĀ¹ 84,852 Bronx SentencingĀ¹ 35,386 ACD 13%, 11,091 Acquitted 0.2%, 155 Convicted 42%, 35,386 Dismissed 14%, 12,108 Diverted 0%, 0 Time Served 7%, 2,342 Conditional Discharge 57%, 20,123 Fine 14%, 5,052 Other 0.1%, 31 Probation 3%, 953 Jail 15%, 5,360 Prison 4%, 1,327 Split 1%, 198 Staten Island DispositionĀ¹ 12,134 Staten Island SentencingĀ¹ 5,775 ACD 11%, 1,361 Acquitted 0.1%, 9 Convicted 48%, 5,775 Dismissed 19%, 2,343 Diverted 0.3%, 31 Time Served 5%, 314 Conditional Discharge 48%, 2,751 Fine 19%, 1,080 Other 0.3%, 16 Probation 4%, 252 Jail 19%, 1,072 Prison 4%, 211 Split 1%, 79 Click on any borough for detailed dataā€¦ For cases that survive arraignment, many dispositions occur on the first court date after initial arraignment (the 180.80 or 170.70 day) or, with respect to felonies, prior to supreme court arraignment using a plea instrument called a Supreme Court Information (SCI) in criminal court before a judge with supreme court jurisdiction. Some boroughs, like Queens, have a heavy SCI practice as their best pleas come at the start of the case and there is a no-plea policy after indictment. Citywide, after indictment, delays in discovery can extend case processing times even for cases resulting in a plea. Pleas in New York typically involve a negotiated sentence. Plea Offers are formulated by the assigned assistant district attorney, with review by a supervisor or bureau chief. In some boroughs, an ADA with authority to modify the offer is stationed in the part to promote efficiency. In Queens, cases proceed post-indictment until they are trial ready due to a no-plea policy. Diversion was adopted early in NYC and refining and enhancing appropriate diversion options remains a strong priority. In addition to privately funded programming, New York City spends $14 million comprehensively funding 15 different programs involving approximately 11,000 intakes in 2014.
  • 10. Decision Point: POST-CONVICTION + RE-ENTRY (click here to return to system map) Click on any borough for detail Post-Conviction/ Re-entry Violations of Probation 3,060* Jail 1,142 Prison 190 Terminated 1,155 Restored 573 Parole 9,032 released [Shock: 127] [JO, Willard, etc.: 77] Revoked 2,389 Revoked & Restored (1,230) ATI Resolution (1,148) Parole Violations (including non- delinquency) 5,218 Successful Re-entry 5,009 Time Served 412 Staten Island Post-Conviction/ Re-entry Queens Post-Conviction/ Re-entry Manhattan Post-Conviction/ Re-entry Brooklyn Post-Conviction/ Re-entry Bronx Post-Conviction/ Re-entry Staten Island Post-Conviction/ Re-entry Staten Island VoPs 94* Jail 52 Prison 3 Terminated 20 Restored 19 Staten Island Parole 582 released [Shock: 7] [JO: 2]Revoked 125 Revoked & Restored (67) ATI Resolution (50) Parole Violations (including non- delinquency) 265 Successful Re-entry 274 Time Served 20 Manhattan Post-Conviction/ Re-entry Manhattan VoPs 675 Jail 269 Prison 30 Terminated 207 Restored 169 Manhattan Parole 1,880 released [Shock: 27] [JO, Willard, etc.: 13]Revoked 496 Revoked & Restored (243) ATI Resolution (245) Parole Violations (including non- delinquency) 1,071 Successful Re-entry 1,058 Time Served 81 Queens Post-Conviction/ Re-entry Queens VoPs 1,209* Jail 390 Prison 103 Terminated 607 Restored 109 Revoked 310 Revoked & Restored (191) ATI Resolution (164) Parole Violations (including non- delinquency) 721 Successful Re-entry 854 Time Served 49 Queens Parole 1,526 released [Shock: 29] [JO, Willard, etc.: 16] Brooklyn Post-Conviction/ Re-entry Brooklyn VoPs 528* Jail 165 Prison 19 Terminated 176 Restored 138 Brooklyn Parole 2,669 released [Shock: 38] [JO, Willard, etc.: 25]Revoked 783 Revoked & Restored (358) ATI Resolution (369) Parole Violations (including non- delinquency) 1,657 Successful Re-entry 1,399 Time Served 134 Bronx Post-Conviction/ Re-entry Bronx VoPs 554* Jail 236 Prison 35 Terminated 145 Restored 138 Bronx Parole 2,375 released [Shock: 26] [JO, Willard, etc.: 21]Revoked 675 Revoked & Restored (371) ATI Resolution (320) Parole Violations (including non- delinquency) 1,504 Successful Re-entry 1,424 Time Served 128 Click on decision point for more detail ā€¢ Diversion was adopted early in NYC and refining and enhancing appropriate diversion options remains a strong priority. In addition to privately funded programming, New York City spends $14 million comprehensively funding 15 different ATI programs involving approximately 11,000 intakes in 2014. ā€¢ Probation, Parole, and many directed dispositions in New York City rely on alternatives to incarceration to address addiction, mental health, and other needs. ā€¢ Discharge planning is also mandated for all persons departing jail with mental health needs under a consent decree entered in the Brad H. litigation over a decade ago. ā€¢ Currently, NYC is undergoing a citywide project to map alternative to incarceration programming to better match people to appropriate programs, to identify gaps in services, and to better ensure fidelity to evidence-based models, an initiative called ā€œMap the World.ā€
  • 11. Pretrial Release Determination Assignment to Counsel Arrest 75,813 Summons 72,244 DAT 26%, 19,420 Custodial Arrests 74%, 56,393 DeclinedĀ² 7%, 5,145 Unknown 1%, 919 Accepted 92%, 69,749 Prosecutorial Charging Arraignment 69,749 DispositionĀ¹ 68,760 SentencingĀ¹ 28,944 Convicted 16%, 11,131 Continued 52%, 36,468 Remand 2%, 565 Held Bail 23%, 8,523 Released with Bail 3%, 1,063 Supervised Release 1%, 301 ROR 72%, 26,308 ACD 28%, 18,916 Acquitted 0.1%, 86 Convicted 42%, 28,944 Dismissed 10%, 7,195 Diverted 0.1%, 71 Time Served 14%, 3,980 Conditional Discharge 43%, 12,473 Fine 22%, 6,443 Other 0.2%, 48 Probation 3%, 899 Jail 13%, 3,626 Prison 4%, 1,261 Split 1%, 214 RAI Queens System Map (2014) ACD / Dism. 26%, 18,305 Warrant 6%, 3,841 Police Encounter Public 75%, 52,060 Private 6%, 4,135 Crt-Ordered 1%, 1,029 Unknown 18%, 12,525 Not detained Not detained; may serve or may have served time Diverted from jail Diverted from jail Into/toward inc. Into/toward incarceration Legend Note: Some variations due to incompatible data sources or other inaccuracies may exist. Ā² ā€˜Decline to Prosecuteā€™ dispositions in Queens County include a substantial number of non-docketed arrests transmitted to DCJS where the defendant was prosecuted for an associated arrest. Queens Post-Conviction/ Re-entry Queens VoPs 1,209* Jail 390 Prison 103 Terminated 607 Restored 109 Revoked 310 Revoked & Restored (191) ATI Resolution (164) Parole Violations (including non- delinquency) 721 Successful Re-entry 854 Time Served 49 Queens Parole 1,526 released [Shock: 29] [JO, Willard, etc.: 16] ļƒŸ Previous Slide
  • 12. Pretrial Release Determination Assignment to Counsel Arrest 85,712 Summons 76,034 DAT 25%, 21,748 Custodial Arrests 75%, 63,964 Declined 16%, 13,817 Uknown 9%, 7,524 Accepted 75%, 64,371 Prosecutorial Charging Arraignment 64,371 DispositionĀ¹ 84,852 SentencingĀ¹ 35,386 Convicted 26%, 16,742 Continued 54%, 35,010 Remand 1%, 295 Held Bail 26%, 8,973 Released with Bail 3%, 1,146 Supervised Release 0 ROR 68%, 23,970 ACD 13%, 11,091 Acquitted 0.2%, 155 Convicted 42%, 35,386 Dismissed 14%, 12,108 Diverted 0%, 0 Time Served 7%, 2,342 Conditional Discharge 57%, 20,123 Fine 14%, 5,052 Other 0.1%, 31 Probation 3%, 953 Jail 15%, 5,360 Prison 4%, 1,327 Split 1%, 198 RAI Bronx System Map (2014) ACD / Dism. 11%, 6,879 Warrant 9%, 5,734 Police Encounter Public 93%, 60,166 Private 2%, 974 Crt-Ordered 3%, 1,712 Not detained Not detained; may serve or may have served time Diverted from jail Diverted from jailInto/toward incarceration Legend Note: Some variations due to incompatible data sources or other inaccuracies may exist. Bronx Post-Conviction/ Re-entry Bronx VoPs 554* Jail 236 Prison 35 Terminated 145 Restored 138 Bronx Parole 2,375 released [Shock: 26] [JO, Willard, etc.: 21]Revoked 675 Revoked & Restored (371) ATI Resolution (320) Parole Violations (including non- delinquency) 1,504 Successful Re-entry 1,424 Time Served 128 ļƒŸ Previous Slide
  • 13. Pretrial Release Determination Assignment to Counsel Arrest 106,962 Summons 103,976 DAT 22%, 23,263 Custodial Arrests 78%, 83,699 Declined 7%, 7,826 Unknown 4%, 4,772 Accepted 88%, 94,364 Prosecutorial Charging Arraignment 94,364 DispositionĀ¹ 90,241 SentencingĀ¹ 36,916 Convicted 16%, 15,229 Continued 52%, 49,327 Remand 1%, 415 Held Bail 24%, 11,990 Released with Bail 3%, 1,266 Supervised Release 0.4%, 221Ā² ROR 71%, 35,183 ACD 24%, 21,301 Acquitted 0.1%, 122 Convicted 41%, 36,916 Dismissed 18%, 16,419 Diverted 0.2%, 187 Time Served 34%, 12,644 Conditional Discharge 32%, 11,861 Fine 10%, 3,639 Other 0.4%, 164 Probation 2%, 756 Jail 17%, 6,415 Prison 3%, 1,220 Split 1%, 217 RAI Brooklyn System Map (2014) ACD / Dism. 26%, 24,680 Warrant 5%, 5,128 Police Encounter Public 88%, 82,699 Private 2%, 1,743 Crt-Ordered 2%, 1,697 Unknown 9%, 8,225 Not detained; may serve or may have served time Diverted from jail Diverted from jail Into/toward inc. Into/toward incarceration Legend Note: Some variations due to incompatible data sources or other inaccuracies may exist. Brooklyn Post-Conviction/ Re-entry Brooklyn VoPs 528* Jail 165 Prison 19 Terminated 176 Restored 138 Brooklyn Parole 2,669 released [Shock: 38] [JO, Willard, etc.: 25]Revoked 783 Revoked & Restored (358) ATI Resolution (369) Parole Violations (including non- delinquency) 1,657 Successful Re-entry 1,399 Time Served 134 ļƒŸ Previous Slide
  • 14. Pretrial Release Determination Assignment to Counsel Arrest 106,582 Summons 94,141 DAT 29%, 30,776 Custodial Arrests 71%, 75,806 Declined 3%, 3,529 Unknown 5%, 5,397 Accepted 92%, 97,656 Prosecutorial Charging Arraignment 97,656 DispositionĀ¹ 90,917 SentencingĀ¹ 45,718 Convicted 32%, 31,597 Continued 43%, 41,805 Remand 2%, 753 Held Bail 31%, 12,874 Released with Bail 3%, 1,228 Supervised Release 1%, 335 ROR 63%, 26,216 ACD 20%, 18,061 Acquitted 0.2%, 144 Convicted 50%, 45,718 Dismissed 13%, 11,502 Diverted 0.1%, 50 Time Served 31%, 14,137 Conditional Discharge 30%, 13,506 Fine 9%, 3,970 Other 0.1%, 50 Probation 3%, 1,181 Jail 23%, 10,382 Prison 5%, 2,141 Split 1%, 351 RAI Manhattan System Map (2014) ACD / Dism. 18%, 17,515 Warrant 7%, 6,733 Public 78%, 76,571 Private 5%, 4,490 Crt-Ordered 3%, 3,075 Unknown 14%, 13,520 Police Encounter Not detained Not detained; may serve or may have served time Diverted from jail Diverted from jail Into/toward inc. Into/toward incarceration Legend Note: Some variations due to incompatible data sources or other inaccuracies may exist. Manhattan Post-Conviction/ Re-entry Manhattan VoPs 675 Jail 269 Prison 30 Terminated 207 Restored 169 Manhattan Parole 1,880 released [Shock: 27] [JO, Willard, etc.: 13]Revoked 496 Revoked & Restored (243) ATI Resolution (245) Parole Violations (including non- delinquency) 1,071 Successful Re-entry 1,058 Time Served 81 ļƒŸ Previous Slide
  • 15. Pretrial Release Determination Assignment to Counsel Arrest 13,080 Summons 13,010 DAT 28%, 3,699 Custodial Arrests 72%, 9,381 Declined 6%, 749 Unknown 8%, 1,082 Accepted 86%, 11,249 Prosecutorial Charging Arraignment 11,249 DispositionĀ¹ 12,134 SentencingĀ¹ 5,775 Convicted 18%, 2,019 Continued 69%, 7,752 Remand 1%, 67 Held Bail 24%, 1,824 Released with Bail 6%, 468 Supervised Release 0%, 0 ROR 70%, 5,391 ACD 11%, 1,361 Acquitted 0.1%, 9 Convicted 48%, 5,775 Dismissed 19%, 2,343 Diverted 0.3%, 31 Time Served 5%, 314 Conditional Discharge 48%, 2,751 Fine 19%, 1,080 Other 0.3%, 16 Probation 4%, 252 Jail 19%, 1,072 Prison 4%, 211 Split 1%, 79 RAI Staten Island System Map (2014) Not detained Not detained; may serve or may have served time Diverted from jail Diverted from jail Into/toward inc. Into/toward incarceration Legend ACD / Dism. 8%, 911 Warrant 5%, 566 Police Encounter Public 72%, 8,155 Private 8%, 898 Crt-Ordered 17%, 1,899 Unknown 3%, 297 Staten Island Post-Conviction/ Re-entry Staten Island VoPs 94* Jail 52 Prison 3 Terminated 20 Restored 19 Note: Some variations due to incompatible data sources or other inaccuracies may exist. Staten Island Parole 582 released [Shock: 7] [JO: 2]Revoked 125 Revoked & Restored (67) ATI Resolution (50) Parole Violations (including non- delinquency) 265 Successful Re-entry 274 Time Served 20 ļƒŸ Previous Slide
  • 16. DATA SOURCES 1. Summonses (2014) provided by New York Police Department 2. Arrest to pretrial release determination (2014) provided by NYC Criminal Justice Agency (CJA); misdemeanor data are 2013 with the exception of ā€œArrestā€ (2014 ā€“ NYPD) and ā€Declinedā€ (2014 ā€“ DCJS) 3. Disposition and sentencing data (2014) provided by NY State Division of Criminal Justice Services (DCJS) 4. Ā¹DCJS data include adult arrests for finger-printable offenses (ages 16 and older) 5. Additional System Mapping Data Sources: ā» Citywide Executive Committee (2 sessions) ā» MacArthur Steering Committee (4 sessions) ā» Borough Justice Sector Meetings (7 sessions) ā» ā€œPath Analysisā€ Presentation + Data Maps ā» Rikers Island ā€œPath of the Accusedā€ Experience ā» Qualitative and quantitative data from the Office of Court Administration, the Mayorā€™s Office on Criminal Justice, the District Attorneys of New York, Queens, Bronx, Kings, and Richmond Counties, the Department of Probation, the NYS Division of Parole, the Legal Aid Society, the Bronx Defenders, the Neighborhood Defender Service of Harlem, Brooklyn Defenders, Queens Law Associates, the New York City Department of Corrections, the New York City Department of Health and Mental Health, and the New York City Police Department.

Editor's Notes

  1. Slide movement: Slide ā€œBackground Analytics:ā€ Instead of ā€œclick to continueā€ maybe prompt with ā€œclick here for more data.ā€ To get to the final slide with boro maps, could you insert a button at the bottom/right of the hollistic system map slide that says something like ā€œClick to see borough system mapsā€ Ā  Small text edits: The Revoke & Restore combined category ā€“ I am getting 1499 not 1490 (combined III. B+D from Timā€™s categories) Slide ā€œDecision Point: Arrestā€ Narrative: ā€œsummonsesā€ plural paragraph #2 Projects: ā€œsummonsesā€ plural bullet pt #2 ā€œto enhance readability and comprehension, and implement reminders via text to improve the failure to appear rate.ā€ [full stop and addition of conjunction] Data: Sentence edits (?) ā€œSuccessfully reverse-engineering ACD outcomes to enhance DATs (looks?) would likely target Brooklyn and Queens, people with [insert space] no prior convictionsā€¦ā€™ Arraignment narrative Add period/full stop after ā€œmorning meetingsā€ [at the bottom] Ā  Ā  From: Sviridoff, Michele Sent: Friday, August 14, 2015 9:07 AM To: Day, Dominique; LaScala-Gruenewald, Angela Subject: Test review Ā  Text is impressive ā€“ but a few issues. Found a few typoā€™s; a couple of quibbles about numbers; and a few policy concerns. Ā  Typos In the arrest narrative: Add the word ā€˜areā€™ Ā to ā€œ DAT determinations aidedā€ (change to ā€œare aidedā€) ā€“ everything else has verbs In the projects description, add an ā€˜nā€™ to ā€œencoutersā€ (spelling) In the pretrial release narrative: Under bail statute, ā€œmoving away for money bailā€ should read ā€œmoving away from money bailā€ Under timing, I think ā€œchallenges housingā€ should read ā€œhousing challengesā€ Ā  Data issues In pretrial release, itā€™s not true that 95% of RORs return voluntarily.Ā  We shouldnā€™t cite the 30-day return rate (which is 93% in the Mary Phillips report) without referencing the overall warrant rate (17% -- 83% return without warrant).Ā  Under arrest data analysis, itā€™s not true that DAT detainees are ā€œoverwhelmingly low riskā€ ā€“ instead, they rarely pose a high risk of re-arrest and pose minimal risk of violent felony offending.Ā  We should not overstate the case. Ā  Policy issues The text on ā€œsuccessfully reverse engineering ACD outcomesā€ is confusing.Ā  Not clear what you are talking about.Ā  Letā€™s discuss this one.Ā  Hard to say this briefly. The text on advocates report on the structure of arraignments isnā€™t clear ā€“ We have no text on dispositions and sentences.Ā  Not sure we need any.Ā  The biggest missing data item involves sentence alternatives (ATIā€™s; problem solving courts; DA-run programs like DTAP and TASC in Queens).Ā  There are big numbers here, but they are not routinely tracked.Ā  We should mention this ā€“ as part of a push to get OCA to record it. Love the addition of probation and parole numbers.Ā  Weā€™ve previously looked at jailed probation violators and found that the fast majority have a new pending felony ā€“ often linked to the violation.Ā  We might comment on the need for information about the numbers jailed due to technical violations alone (rare) and recidivism 9the majority.Ā  Under parole, the missing info has to do with returns to prison for technical violations alone (very common) or for re-arrest.Ā  The technical violations may be driving the 600 jail beds devoted to parole violators.Ā  We need a better understanding of the overlap between detained parole violators and open OCA cases (will be getting this from OCA in the new file).Ā  The technical violators may be a jail reduction opportunity. I agree. The map is incredibly impressive. Nice work! Ā  I think it might be possible to more crisply drive home the point you want to make about why New York should be awarded the implementation grant ā€“ I think it might be possible for a reader to miss your point that inclusiveness is something unique to NYC. Iā€™m happy to think through exactly how to do this with you (might be easier to play around a bit with an editable file). Also I think the point of the criminogenic effect slide may be lost on a reader ā€“ I think we need to situate the 7% nationally and state more explicitly what this number should mean to a reader/why itā€™s worth an entire slide alongside the map. Ā  A few super narrow notes: Ā  Inclusive and representative process describing New York City's criminal justice system based on data analytics and qualitative analysis ā€“ instead of saying inclusive and representative Iā€™d specify what you mean ā€“ unprecedented participation from courts, das, executive branch, police, defense, advocates or something similar. Ā  Slide two, typo: "is amply by diversion" Ā  For the captions, I would suggest stating what you want people to take away, otherwise itā€™s easy to miss: NYCā€™s process included physical system mapping involving a wide array of perspectives and participants, or System actors participate in defendant experience physical mapping exercise (in large text), with pictured:ā€¦. In smaller text below. Ā  I think Liz would object the picture on slide 3; also could be seen as making this process a little too fun? Ā  Slide four: process sentence is missing a word Ā  Slide four: May want to include a small note about some of the cases that were disposed in 2014 were holdovers because the arrows pointing directly to the disposed number (obviously) do not total the number disposed ā€“ maybe ā€œincludes ____ cases arraigned prior to 2014ā€ Ā  Hey there ā€“ this is quite an impressive presentation. Ā  Just a few small thoughts on revisions that Iā€™m hoping to chat with you about before heading to CompStat.Ā  Ā  In the meantime, below is some text that I thought might be helpful for the case processing part of slide 8. Below that, are two slides that I made some tiny revisions to. Ā  Ā  Slide 8: Case Processing pop-out Ā  The time it takes to process felony cases from supreme court arraignment to disposition can contribute to backlog in court cases, prolonged incarceration for detained individuals, and an increase in the overall jail population.Ā  In New York City, state law recommends that cases become trial-ready within six months (roughly 180 days); currently, the average case processing time in New York City is 320 days, 140 days longer the standard period. Ā Additionally, the number of court appearances and length of time in between court dates can increase case processing times.Ā  Between August 2000 and August 2014, the number of cases pending beyond 180 days increased by 61% (from 4246 to 6828). Ā  In 2014, Manhattan and the Bronx accounted for 65% of cases delayed beyond six months. The increase in length of stay for detainees since 1995 was sharpest in the Bronx (up 108%) and smallest in Staten Island (down 10%). There has been a 31% increase in the Rikers population due to increased case processing time in Supreme Court Since 1995. Ā  Slide 11: made some suggestions for the caption Slide 12: adjusted capitalization to a few of the Ms in ā€œMapā€ Ā  I cant really open either of them, they keep crashing on me.Ā  But one of the slides I saw has something about the criminogenic effect of short stays ā€“ the sentence didnā€™t make sense to me (again sorry I cant remember exactly what it said and I cant open again) but Ive also found that stat in some some research I have been looking at: Arnold researchers found that low and moderate risk defendants held 2-3 days were more likely to recidivate and fail to appear pre trial than those held for 24 hours or less[1]. Ā So maybe you can make that statement more definitive.Ā  I will try to look at it on someone elseā€™s computer.Ā  And again my comment with the data sources Ā  [1] Christopher T. Lowenkamp, Marie VanNostrand, & Alexander Holsinger, The Hidden Costs of Pretrial Detention (Laura & John Arnold Found. 2013).
  2. In the arrest narrative: Add the word ā€˜areā€™ Ā to ā€œ DAT determinations aidedā€ (change to ā€œare aidedā€) ā€“ everything else has verbs In the projects description, add an ā€˜nā€™ to ā€œencoutersā€ (spelling) Slide ā€œDecision Point: Arrestā€ Narrative: ā€œsummonsesā€ plural paragraph #2 Projects: ā€œsummonsesā€ plural bullet pt #2 ā€œto enhance readability and comprehension, and implement reminders via text to improve the failure to appear rate.ā€ [full stop and addition of conjunction] Data: Sentence edits (?) ā€œSuccessfully reverse-engineering ACD outcomes to enhance DATs (looks?) would likely target Brooklyn and Queens, people with [insert space] no prior convictionsā€¦ā€™
  3. In the pretrial release narrative: Under bail statute, ā€œmoving away for money bailā€ should read ā€œmoving away from money bailā€ Under timing, I think ā€œchallenges housingā€ should read ā€œhousing challengesā€