New York Bail Reform: What the Court Data Shows

According to 80,930 DCJS pretrial release records from 2019–2024, DWI / DUI cases across 61 New York counties have an average dismissal rate of 9.3% and an average conviction rate of 90.3%.

New York's bail reform legislation, which took effect in January 2020, significantly changed how pretrial release decisions are made. This guide examines what DCJS pretrial release data (1.38M records, 2019-2024) reveals about the impact of these changes across the state.

What Changed

The 2020 reform eliminated cash bail for most misdemeanors and non-violent felonies, requiring release on recognizance (ROR) or supervised release in most cases. Subsequent amendments in 2022 expanded the list of bail-eligible offenses and gave judges additional factors to consider. Our data spans both the pre-reform and post-reform periods.

What Our Data Shows

Analyzing pretrial release records across 62 New York counties, the data suggests:

• ROR rates shifted meaningfully after 2020 for many charge categories
• The proportion of cases with bail set changed across most offense types
• Remand patterns show variation between the pre-reform and post-amendment periods

View DWI statistics or assault statistics to see how pretrial release patterns differ by charge type.

County-Level Variation

One of the most notable findings in our data is how differently bail reform has played out across New York's counties. Urban, suburban, and rural counties show distinct patterns in ROR rates, bail-setting frequency, and the use of supervised release. These differences may reflect local judicial practices, caseload composition, and available pretrial supervision resources.

Understanding the Data in Context

When interpreting bail reform statistics, keep in mind:

• Changes in pretrial release patterns may reflect multiple factors beyond the legislation itself
• The COVID-19 pandemic overlapped with early implementation, affecting case processing
• The 2022 amendments modified the original reform, creating a second shift in the data
• County-level statistics are aggregates — individual case decisions depend on specific circumstances

Next Steps

For the current text of New York's bail statutes, consult the Criminal Procedure Law. Explore our charge statistics to see how pretrial release patterns vary by offense. For legal advice, consult a licensed New York attorney.