Pretrial Release Without Money: New York City, 1987-2018

Should New York end the use of money bail? What legislative framework would best limit the use of pretrial detention while promoting court appearance? As elected officials consider updating New York’s 1970 bail statute, these questions have come under intense debate.

One place to start is by establishing a baseline of current pretrial practice in New York City. Although limited by the 1970 legislative framework, judges have broad discretion in making pretrial release decisions. Those practices may vary from judge to judge, but when viewed in the aggregate broad trends can be discerned.