The Public Cost of Private Bail: A Proposal to Ban Bail Bonds in NYC

By Scott M. Stringer, Office of the New York City Comptroller

A basic principle of the American justice system is that all people are innocent until proven guilty, and that defendants should not be unnecessarily punished or detained before a finding of guilt. However, the bail system in New York City subjects tens of thousands of people each year to punitive personal and financial costs prior to conviction (or exoneration). In general, after a person is arrested and charged with a crime in New York City, they appear in court and face a judge, who decides whether to release the accused, set bail, or hold the person in custody. In many cases, judges in New York City release the defendant on a simple promise to appear for their next court date. However, when a judge decides to impose money bail conditions, the defendant is likely to spend at least some time in jail – often for the sole reason that they do not have the money needed to post bail immediately and must raise it from friends and family, or must navigate the slow, inefficient commercial bail system. At a time when the City is focused on reducing the jail population in order to close the correctional facilities on Rikers Island, ending a system that results in the unnecessary, unproductive, and expensive detention of people prior to a conviction must be prioritized.

New York: New York City Comptroller, 2018. 43p.