From: barreau@wam.umd.edu (Deborah Kay Barreau)
Newsgroups: misc.legal
Subject: BJS Press Release
Date: 11 Dec 1992 13:57:41 -0600
Organization: UTexas Mail-to-News Gateway
NNTP-Posting-Host: cs.utexas.edu

 





ADVANCE FOR RELEASE AT 5 P.M. EST                            BJS 
SUNDAY, NOVEMBER 29, 1992                           202-307-0784


            MOST FELONY DEFENDANTS RELEASED BEFORE TRIAL


     WASHINGTON, D.C. -- An estimated 65 percent of the men and
women arrested on felony charges in the nation's 75 largest
counties during May 1990 were released from custody before their
trial or final case disposition, according to a Bureau of Justice
Statistics (BJS) report published today.  BJS, a Department of
Justice component in the Office of Justice Programs, said the
remainder were detained in jail until their case disposition. "Perhaps the most significant study findings were that among
felony defendants granted pretrial release, 24 percent failed to
appear for a scheduled court hearing, and 18 percent were
rearrested while on release," said BJS Director Steven D.
Dillingham.  "Almost two-thirds of the rearrests were for new
felony offenses and about one-half of those rearrested for a
felony were again released from custody." 
     BJS' National Pretrial Reporting Program (NPRP) collected
the data from a sample of state court felony case filings.  Each
case was tracked for at least one year following the filing of 
charges or through disposition and sentencing if final judgment 
occurred in less than one year.  Other significant findings
include:
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--     About 6 percent of all felony defendants were held in
custody without bail.  About a third of those charged with murder
were denied bail.
--     Approximately 60 percent of the pretrial releases did not
require the defendant to post bond.  The most frequent type of
discharge from custody after arrest, granted to 26 percent of
felony defendants, was release on recognizance in which the
defendant signs an agreement to appear in court as scheduled.  
--     For defendants for whom bail was set, the more serious the
felony charge, the higher the bond. Nearly two-thirds of murder
defendants and nearly half of rape defendants had bonds set at
$20,000 or more.
--     Among the defendants who were not released before trial
(35 percent), five out of six could not post bail, and one in six
was held without bail.  
--     For defendants with a set bail, the likelihood of pretrial
release decreased as the amount of bail increased.  Two-thirds of
those with a bail of less than $2,500 were released, compared to
a third of defendants with bail set at $10,000 or more.  
--     Among defendants with bail set at $10,000 or more, those 
facing drug-related charges were the most likely to secure
release.
--     Defendants with an active criminal justice status or an
extensive criminal record were less likely to be released before
trial.  While about half of those with two or more prior 
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convictions were released, about four-fifths of those with no
prior convictions were released.
--     Of those released after being charged with a violent
offense, 19 percent failed to appear in court.
--     Among released defendants, the likelihood of rearrest was
highest among those charged with property and drug offenses and
among males, blacks, younger defendants, and those with the
longest and most serious prior criminal histories.  Thirty-two
percent of the defendants with five or more prior convictions
were rearrested while on pretrial release, compared to 13 percent
of those with no prior convictions. 
--     A bench warrant to arrest a released defendant for failure
to appear in court occurred most frequently for the following
categories of released defendants: those charged with property or
drug offenses, those who were released on unsecured bond or as
the result of an emergency measure to reduce jail crowding, and
those with prior records of failure to appear.  
--     In processing felony defendants, a clear priority was
given to those detained in jail.  Among defendants who were not
released, half spent 37 days or less in jail pending the
disposition of their cases, compared to a median of 125 days for 
released defendants.
--     Within one year of case filing, 81 percent of released 
defendants and 96 percent of detained defendants had been 
adjudicated on their original felony arrest charge.  Detained 
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defendants were about three times as likely as were released
defendants to be convicted and sentenced to a state prison.
--     There is some evidence of a decline in the granting of
pretrial releases to felony drug defendants.  During 1988, the 75
largest counties released about 72 percent of such defendants,
compared to 65 percent during 1990.  Compared to 1988, defendants
charged with violent or property offenses in 1990 were slightly
more likely to secure release before trial.
     In 1990 the 75 largest counties held 37 percent of the
national population and had almost 50 percent of the crimes
reported to police.
     Single copies of the BJS special report, "Pretrial Release
of Felony Defendants, 1990" (NCJ-139560) and other BJS
information and publications may be obtained from the National 
Criminal Justice Reference Service, Box 6000, Rockville, Maryland
20850. The telephone number is 1-301-251-5500.  
     Data from the tables and graphs used in the BJS report can 
be made available to news organizations in spreadsheet files on
5," and 3+" diskettes by calling (202) 307-0784.  For additional
information and statistics on drugs and crime issues contact
BJS's Drugs & Crime Data Center & Clearinghouse on 1-800-666-
3332.  For additional information and statistics on drugs and
crime issues contact BJS's Drugs & Crime Data Center &
Clearinghouse on 1-800-666-3332.
                             # # # 
93-9 
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