TESTING THE EFFECTS OF A PROSECUTOR POLICY RECOMMENDING NO-MONEY RELEASE FOR NONVIOLENT MISDEMEANOR DEFENDANTS

Headnote

Abstract

Reforming the cash bail system in the United States has developed widespread support, but few empirical studies examine the consequences of the adopted reforms. In 2018, the Orange County, Florida State Attorney instituted a change in policy for nine nonviolent misdemeanor crimes by recommending no-money release for charged defendants. This study examines the effect of this change on defendants ' release, failure-to-appear and rearrest rates, sentencing and recidivism outcomes, as well as interviews with seven defendan ts that shed light on the impact of misdemeanor arrests and detentions on defendants ' short- and long-term quality of life and their perceptions of the legal system. Contrary to its purpose and surprisingly, fewer misdemeanor defendants were released after the prosecutor changed the policy. The study results, however, show support for releasing, rather than detaining nonviolent misdemeanor defendants, especially those without prior histories of arrest or failing to appear. Overall, defendants released on no-money bail were less likely to fail to appear, and defendants charged with policy-only counts (i.e., nonviolent misdemeanors) were less likely to be rearrested pending disposition. Consistent with prior research, downstream consequences associated with detaining even nonviolent misdemeanor defendants at first appearance emerged. Detained defendants were more likely to receive jail sentences and recidivate within six months of disposition. Inferences about the findings, implications for the legal system and reform policies, as well as suggestions for future scholarly work are discussed.

Introduction. ....................46

A. A Brief History of Bail for Lower-Level, Misdemeanor Crimes. ....................49

B. The Negative Consequences of Pretrial Detention on Misdemeanor Defendants. ....................51

C. Empirical Study of Pretrial Release. ....................52

II. The Current Study. ....................55

A. Building on Prior Misdemeanor Bail Reform Research. ....................55

B. Hypotheses. ....................56

Ill Methods. ....................56

A. The Orange County Prosecutor's New Policy. ....................59

B. Population. ....................60

Chart 1..................... 60

Tabic 1: Charges by Count (Total, 2018). ....................61

C. Sample. ....................62

D. Variables. ....................62

Table 2: Comparison of Pre- and Post-Policy Samples. ....................63

IV. Findings. ....................65

A. Release. ....................65

Table 3: Logistic Regression for Release at First Appearance. ....................66

Table 4: Logistic Regression for No Money Bail. ....................67

Table 5: Logistic Regression for Notice to Appear. ....................68

B. Rearrests and FTA Pending Disposition.....................68

Table 6: Logistic Regression for Failure to Appear While Case Pending. ....................69

Table 7:...