States do not allow commercial bail: Illinois, Kentucky, Oregon, and Wisconsin. Bond forfeiture regulations and procedures vary by jurisdiction, but most States regulate commercial bail and license bail agents through their departments of insurance. The probability of failing to appear in court was higher among defendants who were black or Hispanic, had an active criminal justice status at the time of arrest, or had a prior failure to appear.Īn estimated 14,000 commercial bail agents nationwide secure the release of more than 2 million defendants annually, according to the Professional Bail Agents of the United States. Defendants released on an unsecured bond or as part of an emergency release were most likely to have a bench warrant issued because they failed to appear in court. Characteristics associated with a greater probability of being rearrested while on pretrial release included being under age 21, having a prior arrest record, having a prior felony conviction, being released on an unsecured bond, or being part of an emergency release to relieve jail crowding.Ĭompared to release on recognizance, defendants on financial release were more likely to make all scheduled court appearances. Logistic regression was also used to calculate the probability of pretrial misconduct for defendants with a given characteristic, independent of other factors. Logistic regression analyses that controlled for factors such as offense and criminal history found that Hispanics were less likely than non-Hispanic defendants to be released, and males were less likely than females to be released. ![]() More than half of these new arrests were for felonies. Nearly a fourth had a bench warrant issued for failing to appear in court, and about a sixth were arrested for a new offense. About a third of released defendants were charged with one or more types of pretrial misconduct. Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole).Ī history of missed court appearances also reduced the likelihood that a defendant would be released. The highest release rate was for defendants charged with fraud. Defendants charged with rape, robbery, burglary, and motor vehicle theft also had release rates lower than the overall average. Murder defendants were the least likely to be released pretrial. About 7 in 10 defendants secured release when bail was set at less than $5,000, but this proportion dropped to 1 in 10 when bail was set at $100,000 or more. The higher the bail amount set, the lower the probability of release. These findings are from a multi-year analysis of felony cases from the biennial State Court Processing Statistics (SCPS) program, sponsored by the Bureau of Justice Statistics.Īmong defendants detained until case disposition, 1 in 6 had been denied bail and 5 in 6 had bail set with financial conditions required for release that were not met. ![]() This increase in the use of financial releases was mostly the result of a decrease in the use of release on recognizance (ROR), coupled with an increase in the use of commercial surety bonds. Beginning in 1998, financial pretrial releases, requiring the posting of bail, were more prevalent than non-financial releases. ![]() Pretrial Release of Felony Defendants in State Courtsīetween 19, 62% of felony defendants in State courts in the 75 largest counties were released prior to the disposition of their case. Regulated Public and Private Bail Funds.Improving regulation regarding bail agents and recovery agents. ![]() Protecting the Right to Personal Surety.Protecting the Constitutional Right to Bail.Performance of Pretrial Release Methods.
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