The Costs and Consequences of Charging for Justice in New Orleans Jon Wool, Director Mathilde Laisne, Senior Program Associate Vera Institute of Justice City Council Criminal Justice Committee April 5, 2017

“Bail, Fines and Fees” Justice-involved people incur monetary costs at both “front end” and “back end” of system. In New Orleans, monetary bail is linked to conviction fines and fees because: (1) even cash bail and commercial bond have fees attached; (2) people face jail when unable to pay either; and (3) both transfer money from defendants & their families to system stakeholders.

National context Bail, fines and fees are not new but have proliferated. In some places they are major CJS revenue stream. Greater public attention after U.S. DOJ’s report on the Ferguson police and court and its letter to all state court judges in US.

New Orleans context Jail population nearly twice the national average. City’s efforts to reduce the over-use of the jail. Nearly a quarter of residents below poverty line. Black residents comprise 57 percent of city population but 82 percent of jail population. Median income among black households is 57 percent lower than white households.

Legal framework “Courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated solely because they cannot afford to pay for their release.” “Courts must not incarcerate a person for nonpayment of fines or fees without first conducting an indigency determination and establishing that the failure to pay was willful.” U.S. DOJ, Civil Rights Division, March 14, 2016

Findings

Research in a nutshell Datasets: Administrative data (2015) Municipal Court Criminal District Court Budget data (2015) Criminal District Court, Municipal Court, Clerk of CDC, Traffic Court, District Attorney’s Office, Public Defender’s Office, Police Department, Sheriff’s Office. Surveys/interviews (2016) Impacted people Criminal justice stakeholders

Money bail In 2015, among those booked into the jail, money bail was a requirement for: 87 percent of district court defendants (3,483) 63 percent of municipal court defendants (3,813)

Consequences: Impact on individuals and families Survey and interview findings: Negative impact on financial wellbeing. Stress of ongoing financial obligation. Role of criminal justice costs in increasing or exacerbating justice involvement. Impact on the perception of fairness and justice.

Consequences: Massive transfer of wealth $4.7 million to bail bond agents $4.5 million to criminal justice agencies In 2015, people paid $9.2 million

Consequences: Impact on black communities

Consequences: Generated revenue (1)

Consequences: Generated revenue (2)

Consequences: Fiscal inefficiency

What can City Council do?