MDRC in the News

City’s Supervised Release Program Has Positive Impacts Without Increases in Missed Court Appearances or Rearrest Rates, Report Finds

Gotham Gazette

09/2020

Defendants in New York City’s pretrial supervised release program are no more likely to miss court than people who have bail set and are not rearrested at a higher rate, according to a city-commissioned study by MDRC’s Center for Criminal Justice Research being released Thursday.

The research, contracted by the Mayor’s Office of Criminal Justice (MOCJ) and the Mayor’s Office of Economic Opportunity with funding from the Manhattan District Attorney, comes at a time when some city officials, including Police Commissioner Dermot Shea, have blamed a months-long spike in gun violence in large part on recent changes to the state bail law that increased reliance on alternatives to incarceration, like supervised release…..

…..Supervised release, a program first piloted in New York City in Queens in 2009 and expanded citywide in 2016, allows a defendant to remain in the community while they await trial under the condition that they follow a personalized plan of check-ins with a case manager and other service providers. Participants are often connected with services like employment training and housing support. The program has been lauded by community-based organizations as an effective and more just approach to treating those presumed innocent and ensuring defendants return to court, while also strengthening community ties.

Enrollment in supervised release increased the percentage of cases that were dismissed by roughly 10 points, while reducing the percentage of guilty rulings by 11 points, the study found. The analysis lends credence to the theory that the threat of being incarcerated with or without bail incentivizes defendants to plead guilty in order to be released.

The study also found that the program’s impact did not vary across different racial, ethnic, or age groups, but “had stronger effects” on bail rulings and pretrial detention for felonies than misdemeanors, and for cases in Manhattan versus the Bronx, Brooklyn, or Queens……

The study also found that supervised release increased the average total time before trial by about two months (from 86 to 143 days) and doubled the amount of time spent in the community from 64 to 128 days. The percent of defendants who received desk warrants (which the report considers a good proxy for missed court appearances) increased from 24 to 34 percent, a finding the study called statistically insignificant because of other factors that created uncertainty that these outcomes “aren’t just the result of chance,” explained Melanie Skemer, the study’s lead author…..