Breaking the Frame? Remaking the criminal justice system in

July 2019

Criminal Justice

Definitions crime People sentenced to incarceration of one year or Nonviolent felony detainee: a person In this report, crime refers to actions violating the more or found to have violated the conditions of charged with a felony not included in New law that are reported to or observed by police, and their parole supervision are housed in New York York State Penal Code 70.02, in which a that are counted as measures of criminal activity, state sentence of more than one year may even if that activity does not result in an arrest. be issued • Admission to jail: the event of entering jail. • Index crimes: Select felony crimes used to Over the course of a year, most people enter Misdemeanor detainee: a person charged measure crime rates within and across (and leave) only once, but others enter multiple with a misdemeanor, in which a jail sentence jurisdictions and over time; includes violent times. of 15 to 365 days may be issued crimes of murder, rape, robbery, and aggravated assault and property crimes of • Average Daily Population: the average - Serving a city sentence after pleading burglary, larceny, and motor vehicle theft. number of people held in New York City jails or being found guilty and sentenced to a on any given day of a specified time period jail term enforcement (usually a month or a year) Police activity in response to crime. This can be - Awaiting a state technical parole an arrest, a summons or other police encounter. • Average Length of Stay: the average number violation hearing Not every crime results in an arrest. Some crimes of days people leaving jail were held prior to remain unreported and some remain unsolved. their release - For other reasons, such as awaiting a transfer to a state prison, or for outstanding arrest • Groups of people held in jail: warrants or other court holds If police suspect a person has committed a crime, they may arrest that person. - Detained pretrial, awaiting the resolution of their court case jail Violent felony detainee: a person charged The New York City jail system, which holds people with a violent felony offense, defined by the awaiting trial, serving a city sentence, or awaiting New York State Penal Code 70.02, in which parole violation hearings, is run by the NYC a prison sentence of more than one year Department of Correction, and includes jails on may be issued Rikers Island, , Brooklyn, and .

Acknowledgements This report outlines the trends in crime, enforcement and incarceration that New Yorkers have experienced over the past five years and offers a brief view into some ongoing work that presages a future where the criminal justice system plays an increasingly smaller role in achieving safety in our city. We show, through the numbers, how behavior has changed across the board as a functional explanation of what has happened. Beyond that, this report does not address the many other dimensions of why we are seeing these changes and what role, for example, demographics and economic conditions may have played or how the voices of the formerly incarcerated have so fundamentally changed the questions we ask and the actions we take.

This report is the work of many: first, Ashley Demyan who oversaw the writing, research analysis and editing; then Marcos Soler and Tresa Joseph who provided important comments and revisions throughout the editing process. In addition, other colleagues at the Mayor’s Office of Criminal Justice, Tina Chiu, Ifeoma Ebo, Renita Francois, Tamara Greenfield, and Sarah Solon wrote and reviewed several sections. Finally, Christiana Zafiriadis provided the elegant and readable design and illustrations in this report.

We thank the New York City Police Department and the New York City Department of Corrections for providing key data. The methods used and results reported are based, in part, upon their data, but are solely the responsibility of the Mayor’s Office of Criminal Justice.

3

Table of Letter from the Director 4 Contents Executive Summary 6

Key Trends 2013-2018 Crime, Enforcement, and Incarceration 8

Changes in NYC Jail Use 2013-2018 12

Drivers of Change 2013-2018 20

What’s Next: Putting the Public Back in Public Safety 28

Appendix 32

This report was initially published on May 6, 2019. This is a revised version that includes a data appendix and minor language revisions. 5 Letter from the Director LETTER FROM THE DIRECTOR A new model: civilianized safety

Letter Slowly, then all of a sudden, New York City’s justice system has experienced a from fundamental shift in the way in which it operates. By all traditional measures – crime, incarceration, enforcement – what is occurring in this city is different in Director scale and dimension from the rest of the nation. These traditional markers of the justice system put in new relief questions that confront us now with urgency: Liz Glazer Have we reached the limits of what the traditional structures of the criminal justice system can produce in safety? If yes, what other approaches should we use? Have we Over the past five years the number of people entering jail has fallen by almost reached the half, with reductions that have quadrupled in pace since the beginning of this limits of what administration five years ago. Police are arresting, summonsing and stopping fewer people and judges are using release more and jail less, even as crime the traditional continues to decline. To the extent jail holds up a mirror to the functioning structures of of the rest of criminal justice system, it is significant that New York City’s incarceration rate today is the lowest by far of any large American city. the criminal justice system The most telling marker of all in this transformation of New York has been the changing behavior of New Yorkers themselves. Among other crime declines, murders can produce stand out, dropping 89% since 1990 to a rate that is a fraction of other big cities. in safety? If New York City is safer, even as the use of arrest and jail is dropping, is there a path from rules enforced by the justice system alone, to rules participated in by each of us ­— driving a virtuous cycle of civic peace? Among the things our own history has taught us is that the touch of the criminal justice system can cause harm as much as repair. The research and our fellow New Yorkers tell us that the overuse of jail and enforcement can contribute to a vicious cycle of offending. And the jury is still out on the degree to which incapacitation reduced crime and how high a price we paid in trust.

We live these findings every day: as a city, we are still addressing how 700,000 stops a year in mainly Black and Latinx neighborhoods and the heavy rate of incarceration among these same communities engendered a deep cynicism about the fairness of the law and its application.

At the same time, we have some hard, if emerging proof, that there is another way to create an organic and durable peace. In neighborhoods most afflicted with violence across the city, community groups are employing violence interrupters, jobs programs and other strategies that have reduced shootings 30% more than in comparable neighborhoods. In 15 housing developments that have borne the brunt of violent crime, a regular convening with residents, city agencies and non-profits to identify and solve problems has produced crime reductions that have outpaced other developments. In parks and city streets, where care has been taken to create vibrant public spaces, crime has also dropped.

Does the path to a durable peace then lie in the hands of every New Yorker, through each neighborhood and joined to the arterial structure of supports that government can provide? Perhaps this approach will and has already ignited the virtuous cycle that will ensure our safety.

7 Executive Summary

8 EXECUTIVE SUMMARY

This report describes the criminal justice trends within New York City over the past Executive five years, noting the record lows in crime, enforcement and incarceration in 2018. Summary It examines the drivers of this transformation and suggests that we are turning the corner into a new way of creating safety, rooted in neighborhoods, reaching beyond the singular reliance on criminal justice structures to approaches that, among other things, create vibrant public spaces and invest in human development.

Crime and Arrests Have Declined

• New York City is the safest large city in the U.S.

• Violent crime is down 17%

• Arrests are down 37%

The City’s Jail Population Has Plummeted

• The size of the jail population hit a 40-year low in 2018

• The number of people entering jail annually has declined by 46%

• The number of people held in jail daily has declined by 30%

Five Significant Changes Drove the Reductions in the Jail Population

• New Yorkers are committing fewer crimes

• Police are arresting fewer people

• Judges and prosecutors are diverting more people, leading to fewer jail admissions

• Court actors – including judges, prosecutors, and defenders – have resolved the oldest cases in the system

• Judges are sentencing fewer people to jail

New Ways of Creating and Maintaining Safety Have Emerged

• Community-led work across the City, from re-designing neighborhood spaces to leading regular problem-solving sessions that bring together residents and government agencies, are showing that a civilian approach to safety can produce promising results.

9 SECTION ONE Key Trends 2013-2018

Something important is happening in New York City that has the potential to remake fundamentally the way we think about and create safety. With crime, enforcement and incarceration all dropping to record lows, the outline of what may be a new way of ensuring the peace is emerging. In this paradigm, it is possible that a lighter touch throughout the justice system is making room for other approaches: the importance of informal networks within neighborhoods, the power of changes in the physical environment, and the effectiveness of investments in work and play, among others.

This report provides, first, an overview of the basic trends in crime, enforcement and incarceration that define the hydraulics of the criminal justice system. It then looks, through the lens of the city’s jails, at how the system has changed, as deprivation of liberty reflects one of the most severe consequences of criminal justice involvement. Finally, it outlines how the changing behavior of many have affected these results and what that might mean for our forward path both inside and outside the formal justice structures. SECTION ONE: KEY TRENDS 2013-2018 Crime has declined

While many cities in the United States have benefited from dropping crime rates over the last three decades, New York City is unusual in the steepness and durability of its crime decline and, importantly, the accompanying dramatic reductions in both police enforcement (arrests, summonses, and stop and frisk) and in the use of incarceration. This section outlines the key trends in these three areas.

In 2018, the New York City murder rate was at its lowest level since 1990, falling by 89% (compared to a drop of 47% nationally). Since 2013, the New York City murder rate has fallen by 14%, while the national murder rate increased by 11% over the same time period. Like the murder rate, index and violent crime rates in New York City have also fallen substantially since 2013, both down 17%. Nationally, the index crime rate fell by 15% and the vio- lent crime rate remained unchanged since 2013.

MURDER RATE: USA AND 5 LARGEST CITIES, 1985-2018

USA NYC Los Angeles Houston Chicago 40

35

30

25

20

15

10

5

0

‘85 ‘86 ‘87 ‘88 ‘89 ‘90 ‘91 ‘92 ‘93 ‘94 ‘95 ‘96 ‘97 ‘98 ‘99 ‘00 ‘01 ‘02 ‘03 ‘04 ‘05 ‘06 ‘07 ‘08 ‘09 ‘10 ‘11 ‘12 ‘13 ‘14 ’15 ‘16 ‘17 ‘18

11 Source: FBI UCR. Note: See data appendix for underlying numbers used throughout this report. SECTION ONE: KEY TRENDS 2013-2018 Enforcement has declined

ARRESTS

Felony Misdemeanor Violation 396,299 388,453 340,980 317,618 284,944 250,983 31,967 400K 32,055

26,624 % 350K -37 265,869 259,229 13,746 arrests 8,584 300K 220,306 206,668 5,591 250K 184,433 % 155,707 -9 200K felony arrests 150K

100K -41% 98,463 97,169 94,050 97,204 91,927 50K 89,685 misdemeanor arrests 0 2013 2014 2015 2016 2017 2018

Low-level police enforcement has declined. Neither summonses nor stop and frisks have an effect on the jail population, but they are important measures of enforcement activity.

CRIMINAL SUMMONSES View the Summons Reform fact sheet STOP AND FRISK ENCOUNTERS 500K % 2013: -79 % 424,850 193,839 -94 400K 200K

300K

200K 100K

100K 2018: 89,873 11,079 0 0 2013 2014 2015 2016 2017 2018 2013 2014 2015 2016 2017 2018

12 Source: NYPD Compstat. SECTION ONE: KEY TRENDS 2013-2018 Incarceration has declined

While crime and enforcement rates have both been falling, so too has the City’s use of jail. In 2018, the jails held fewer than 8,000 people for the first time since . It is a rate of incarceration last seen in 1978—a 40 year low—at a time when the city’s crime rate was over four times what it is today.

NYC JAIL INCARCERATION RATE NYC’S DECLINING COMPARED TO LARGE US CITIES INCARCERATION RATE

480 (rates per 100,000 adults)

1978: 136

1980: 160

289 1991: 407

245 2013: 199 172

December 2018: 136 136

Jail pop at 5,000: 85

Jail pop at 4,000: 68 NYC Chicago LA Houston Philadelphia

NYC JAIL INCARCERATION RATE COMPARED TO THE TOTAL INCARCERATION RATE OF THE US AND OTHER COUNTRIES New York City’s 800 current jail 698 incarceration 700 rate is 136 per 100,000 adults, 600 a rate closer to European countries 500 443 than to New York 400 State and United States’ rates. 300

200 136 81 85 100 57 68 74

0 Sweden NYC at 4K Norway Ireland NYC at 5K NYC currently New York United State States 13 Source: Average jail populations published online via county websites; https://www.prisonpolicy.org/global/2018.html. Note: NYC incarceration rate reflects the local jail population while other rates include the populations of all people incarcerated across local jail, state prison, and federal facilities. SECTION TWO Changes in NYC Jail 2013-2018

Perhaps more than any other criminal justice system point, New York City’s use of jail has undergone a radical transformation over the past five years. The number of people entering jail annually has declined by 46% and the number of people held in jail daily has declined by 30%. Jails are less frequently being used to hold those charged with misdemeanors and fewer people are experiencing short and avoidable jail stays than previously.

14 SECTION TWO: CHANGES IN NYC JAIL 2013-2018 The size of the jail population has plummeted

The composition and rate of reduction in New York City’s jail population has changed dramatically in five years. The number of people in New York City’s jail on any given day over the past five years dropped three times faster than in the preceding 13 years.

From 2001-2013 the Since 2014, the population From 2017-2018, population declined by an has declined by an average the population average of 2% per year. of 6% per year. declined by 9%.

NYC JAIL POPULATION OVER THE LAST 4 DECADES

25K

1991 21,674

20K

15K 30% drop 2013: 11,696 2018: 8,397

10K

5K 1980 1985 1990 1995 2000 2005 2010 2015 2018

• In December of 2013, there were 11,478 people in City jails. Five years later, in December 2018, there were 7,959 people in City jails—a 30% drop and the most significant five-year drop since the 1970s.

• In 2018, there were an average of 3,300 fewer people in city jails on any given day than in 2013.

• Through the first quarter of 2019, the population has continued to fall by 11%. On May 17, 2019, the daily population was 7,474 (the lowest number since July 1980).

15 Source: MOCJ analysis of DOC data. SECTION TWO: CHANGES IN NYC JAIL 2013-2018 Admissions to jail have fallen by 46% since 2013

JAIL ADMISSIONS ARE FALLING

110K 108,949 % % 102,795 -46 -22 100K 98,304 admissions admissions since 2013 in the 90,211 90K past year 85,404 83,381 80,508 80K 72,757 70K 64,719 60,822 60K 55,902 Although annual 50K admissions to jail 43,396 have been falling 40K steadily for over a decade, they fell 30K 22% in the last year, more than 20K three times faster than the average 10K annual reduction in the last decade. 0K 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Overall admissions* to jail are down by 46% (-37,000 admits), but some declines are outpacing others. Misdemeanor 23,405 • City sentenced admissions are down 72% since 2013 Detainee 10,300 (over 9,000 admits) NVFO 18,570 Detainee 10,670 • Misdemeanor admissions are down 56% VFO 13,670 (over 13,000 admits) Detainee 10,550

• Nonviolent felony admissions are down 43% City 12,680 (over 7,900 admits) Sentenced 3,605

Technical 4,415 • Violent felony admissions are down 23% PV 3,995 (over 3,100 admits) 7,770 Other 2013 • Technical parole admissions are down by 10% 4,280 2018 (420 admits)

16 *The term “admissions” signifies the event of entering jail, and is not meant to eferr to the individual who is entering. Over the course of each year, some people enter only once while others enter multiple times. Source: MOCJ analysis of DOC data. SECTION TWO: CHANGES IN NYC JAIL 2013-2018 Admissions to jail have fallen by 46% since 2013 The use of jail is shifting in important ways

These declines are driven by changing enforcement TOP 10 CHARGES DRIVING 2013 (large drops in people arrested on misdemeanor DECLINE IN JAIL ADMISSIONS 2018 charges), and increasing use of diversion, in particular the City’s Supervised Release program, which offers Assault 3 (M) judges an option to divert from jail people charged with misdemeanors and nonviolent felonies. Drug Possession 7 (M)

CHANGE IN DAILY JAIL POPULATION Petit Larceny (M)

1,614 2013 2018 Drug Posession 3 (F)

1,218 1,190 Drug Sale 3 (F) 1,0 31 1,057 954 928 963

Robbery 2 (F) 654 571

Theft of Services (M)

Disorderly Conduct (M) Robbery Sale of Drug Assault Murder -660 Drugs Posession -290 -227 -460 -403 Criminal Trespass 2 (M)

While changing enforcement and increased diversion have decreased Marijuana Sale 2 (M) admissions to jail for those charged with misdemeanors and nonviolent felonies, decreasing crime has impact- 0 1,000 2,000 3,000 4,000 5,000 ed the size of the daily jail population, resulting in fewer people being held AMOUNT OF TIME PEOPLE SPENT IN JAIL 2013 2018 on serious charges. These declines in the daily jail population are most 56,134 evident in the number of people held on robbery, drug, assault, and murder charges. Compared to 2013, there were over 2,000 fewer people in jail every day on these charges alone. 26,657 At the same time, these enforcement and diversion shifts have resulted in fewer people staying for very short 11,567 periods of time. The number of people 7,7 2 0 5,998 4,622 4,896 spending fewer than 30 days in jail 3,546 2,196 1,842

is down by 53% since 2013, a decline 30 days or fewer 31-90 days 91-180 days 181-365 days 1+ years of 29,477 admissions.

17 Source: MOCJ analysis of DOC data. SECTION TWO: CHANGES IN NYC JAIL 2013-2018 All groups, except parole violators, are down

AVERAGE NUMBER OF PEOPLE IN JAIL IN NEW YORK CITY

Jail population 2013 In 2018, NYC jails were populated by those held:

11,696 • awaiting trial (75%),

• serving city sentences (12%),

• awaiting a state technical parole violation hearing (8%);

4,565 Violent Felony Detainees • for other reasons (5%)

Jail population 2018 8,397

3,550 Violent Felony Detainees Pre-trial population Pre-trial

2,940 Nonviolent Felony Detainees Pre-trial population Pre-trial

2,130 Nonviolent Felony Detainees 1,070 Misdemeanor Detainees

580 1,750 Misdemeanor Detainees City Sentenced 1,040 City Sentenced 600 State Technical Parole Violator 655 State Technical Parole Violator 775 Other (Warrants, State Holds) 440 Other (Warrants, State Holds)

18 Source: MOCJ analysis of DOC data. Numbers above rounded to the nearest 5. SECTION TWO: CHANGES IN NYC JAIL 2013-2018 Steep declines in particular groups

POPULATIONS FALLING FAST There is one notable exception: State Technical Parole Violators: The number of people held in jail pretrial on % low bail has fallen by -65 65% since 2013, from 963 in people held to 336. These individuals pretrial with bail often only spend a few less than $2,000 days in jail. View the Bail % Fact Sheet. in +9people held on a state technical parole vioaltion

The number of young adults ages 18-21 in jail on On average, this group % any given day has declined increased by 9% from by 53%, from 1592 in 2013 2013 to 2018. to 744 in 2018. Given the -53in young adults State law requires state research findings of the parole violators who have not (18-21-year-olds) criminogenic effects in custody committed any new criminal of jail, decreasing the offenses to be incarcerated in number of young adults local correctional facilities. now may further reduce the jail population in the They may not leave City jails future. View Jail in New York City: Evidence-Based until their parole hearing Opportunities for Reform. concludes, a process overseen by the state. Often, state parole violators remain in jail much longer than people without parole violations. View the State Parolees Fact Sheet.

The number of women in custody has decreased by 36% since 2013, from 823 % to 528. While the number of incarcerated wom- -36women en continues to climb in custody nationwide, in New York City we are seeing the opposite trend.

19 Source: MOCJ analysis of DOC data. SECTION TWO: CHANGES IN NYC JAIL 2013-2018 Some boroughs* use jail more than others

JAIL ADMISSION BY BOROUGH 22,617 2013 2018

17,156 14,501 10,900 12,312 9,589 8,731 6,358

2,373 2,178

Brooklyn Bronx Manhattan

*reflects borough of person's case, not residence Since 2013, jail admissions are down across all boroughs, but the Bronx (-56%) and Manhattan (-52%) have had the steepest declines. In the last year alone (2017-2018), Manhattan reduced admissions by 27% and the Bronx reduced admissions by 26%.

When looking at the 2018 rate of admissions for each borough, Manhattan is admitting people to jail at higher rates than other boroughs, specifically for felony theft, burglary, and weapons cases and misdemeanor theft cases.

Approximately 1,900 admissions in 2013 and 1,200 admissions in 2018 are not represented in the table above, as they were JAIL ADMISSION RATE prosecuted by the Office of the Special Narcotics Prosecutor (SNP). This office has citywide jurisdiction and prosecutes serious felony narcotics cases, such as drug trafficking. 10.4 View the SNP 2017 Annual Report here.

2018 ADP BY BOROUGH 7.7 6.9 6.5 6.1 % 5.4 18 32% Queens Manhattan

4% Staten Island 8% Other % 20 17 % Brooklyn Bronx 1%Special Narcotics Prosecutor

Citywide MN BX BK QN SI

20 Source: MOCJ analysis of DOC data. Special Narcotics case numbers provided by the New York County District Attorney’s Office. Jail admission rate based on population ages 15-64 calculated from https://www.baruch.cuny.edu/nycdata/population-geography/pop-demography.htm SECTION TWO: CHANGES IN NYC JAIL 2013-2018 87% of the jail population is Black or Latinx

While total admissions fell by 46% since 2013, Black and Latinx people are still admitted to jail much more frequently than White people.

RACE/ETHNIC BREAKDOWN OF NYC POPULATION

White: Black: 32% 32% of NYC population; 22% of NYC population; White 9% of 2018 jail admissions; 52% of 2018 jail admissions; 29% 8% of daily jail population 54% of daily jail population Latinx 2% Other % Latinx: Asian: 15 % % Asian 29 of NYC population; 15 of NYC population; 22% 32% of 2018 jail admissions; 2% of 2018 jail admissions; Black 33% of daily jail population 1% of daily jail population

REDUCTIONS IN JAIL ADMISSIONS OF BLACK, LATINX, AND WHITE INDIVIDUALS WERE FAIRLY SIMILAR, FALLING BY 45-48% FROM 2013 TO 2018. 2013 2018 43,755

26,250 22,560

13,895

7,13 0 2018 ADP BY RACE 3,895 2,325 2,095 1,050 950

Other Asian White Latinx Black

54% Black 4% Other

8% White % 2 33% When looking at the daily jail population, the race/ethnicity Asian Latinx composition has remained unchanged over time, with Black and Latinx individuals comprising 87% of the population. 21 Source: NYC Demographics: https://www.baruch.cuny.edu/nycdata/population-geography/pop-demography.html. MOCJ analysis of DOC data. SECTION THREE Drivers of Change 2013-2018

New York City’s criminal justice system has undergone a massive shift over the past five years, with changes happening at every level. The causes and effects are complex, but this section identifies five specific behavior changes that have produced historic results. These changes—including New Yorkers committing fewer crimes, police arresting fewer people, judges and prosecutors diverting more people from jail, courts clearing the oldest cases from the system and judges sentencing fewer people to jail terms—have resulted in the smallest jail population in 40 years and overall fairer, more proportionate criminal justice system.

22 SECTION THREE: DRIVERS OF CHANGE 2013-2018 Significant behavior changes in the last 5 years

The criminal justice landscape in New York City has shifted in five significant ways in the last five years.

• New Yorkers are committing fewer crimes

• Police are arresting fewer people

• Judges and prosecutors are diverting more people, leading to fewer jail admissions

• Court actors – including judges, prosecutors, and defenders – have resolved the oldest cases in the system

• Judges are sentencing fewer people to jail

Each of these changes, as detailed in the coming pages, have had a significant effect on the City’s jail population.

In December 2018, there were approximately 3500 fewer people in jail on any given day, as compared to December 2013. These reductions are attributed to the following:

TIME DISTRIBUTION OF CHANGES AND EFFECT ON DAILY JAIL POPULATION

2013 2014 2015 2016 2017 2018 Fewer Crimes (-16%) -570

Fewer Arrests (-26%) -930

More Pretrial Diversion (-34%)

-1,210

Oldest Cases Cleared (-10%)

-350

Fewer Jail Sentences % (-14 ) -510

23 SECTION THREE: DRIVERS OF CHANGE 2013-2018 Change #1: New Yorkers committing fewer crimes

Murders, shootings and violent crimes are at the lowest levels in decades. 14 % 16 % Fewer Fewer Jail Crimes Sentences 10 % MURDERS SHOOTINGS Oldest Cases Cleared 1990 2,245 5,269* 26% Fewer Arrests 2018 295 754 34% More Impact on Pretrial Diversion Jail population Since their peak in 1990, murders have fallen by 89%. Across the board, reports of crime have plummeted since the 1990s. For example, in 1990 there were 100,280 robberies, more than ALL index crime combined in fewer570 people 2018 (95,883 index crimes).

Citywide, the rates of violent crime reported to NYPD, which include murder, robbery, rape, and felony assault, are down 17% since 2013, and have declined across all boroughs.

VIOLENT CRIME: RATE PER 100,000 PEOPLE

2013 2014 2015 2016 2 017 2018 800 -11 % Bronx 700

-25% -17 % 600 Kings % Citywide -4 Manhattan 500 -21% % 400 Queens -21 Staten Island 300

200

100

0 Bronx Brooklyn Manhattan Queens Staten Island NYC

*Total shootings as of 1993. NYPD does not have shooting data prior to this year, as shootings were recorded as felony assaults. 24 Source: NYPD CompStat, FBI-UCR, NYPD Compstat] SECTION THREE: DRIVERS OF CHANGE 2013-2018 Change #1: New Yorkers committing fewer crimes

Although not counted in NYPD’s violent crime rate, the number of shootings every year are an important measure of crime and safety. The top ten precincts with the highest number of shootings in 2018 had 312 shootings, eight more then the number in Brownsville alone in 1993 (304). Despite the dramatic reductions, eight of the 10 precincts with the most shootings in 1993 also had the most shootings in 2018.

1993 Precinct Numbers of Shootings 2018 Precinct Numbers of Shootings/ Rank from 1993

Brownsville (73rd)* 304 Brownsville (73rd)* 47 (1) East New York (75th)* 283 East Flatbush (67th)* 39 (6) Bedford Stuyvesant (79th)* 241 Grand Concourse (44th) 38 (8) Northern Crown Heights (77th) 238 Mott Haven (40th)* 34 (7) Bushwick (83rd) 218 East New York (75th)* 32 (2) East Flatbush (67th)* 202 Bedford Stuyvesant (79th)* 30 (3) Mott Haven (40th)* 193 Morrisania (42nd) 24 Grand Concourse (44th) 165 Central Brooklyn- 23 Souther Crown Heights (71st) (46th)* 161 Bedford Stuyvesant (81st) 23 (10) Bedford Stuyvesant (81st) 156 West Bronx (46th)* 22 (9) * 8 Precincts appear on Top 10 lists in both 1993 and 2018

SHOOTINGS IN NYC, 1993-2018

6K Guiliani Bloomberg de Blasio

5,269

5K

4K -69%

3K -32%

2K 1,629 -36%

1K 1,171

754

0 ‘93 ‘94 ‘95 ‘96 ‘97 ‘98 ‘99 ‘00 ‘01 ‘02 ‘03 ‘04 ‘05 ‘06 ‘07 ‘08 ‘09 ‘10 ‘11 ‘12 ‘13 ‘14 ’15 ‘16 ‘17 ‘18

25 Source: NYPD CompStat SECTION THREE: DRIVERS OF CHANGE 2013-2018 Change #2: Police arresting fewer people

Arrests decline because there is less crime. Felony crime fell by 12% since 2013, while felony arrests—which result in a jail 14 % 16 % admission about 25% of the time—have fallen 9%. Over the same Fewer Fewer Jail Crimes period, misdemeanor crime fell by 13%, while misdemeanor arrests— % 10 Sentences which result in jail admissions about 8% of the time—have fallen Oldest Cases by 41% since 2013. Cleared 26% Fewer Arrests 34% FELONY & MISDEMEANOR ARRESTS More Pretrial Impact on Diversion Felony Misdemeanor Violation Jail population 400K

350K fewer930 people 300K 250K -9% 200K felony 150K arrests % 100K -41

50K misdemeanor

0 arrests 2013 2014 2015 2016 2017 2018

Arrests decline because of policy changes. Police now have the ability to issue criminal summonses for offenses that would have led to arrest in the past. In November 2014 and again in September 2018, NYPD changed its policy with regard to marijuana enforcement. Although today very few people are jailed on marijuana-related charges, the enforcement changes have been dramatic. Arrests for marijuana are down 73%. View the Marijuana Fact Sheet.

MARIJUANA ARRESTS BY ADMINISTRATION

Guiliani Bloomberg de Blasio 60K

51,344 50K

40K

30K 28,178

20K

10K

7,475 0 1990 2001 2014 2018

26 Sources: NYPD Compstat; MOCJ Analysis of 2018 Computerized Criminal History data provided by DCJS Note: 2013-2018 marijuana arrests include only PL 221.10 01 SECTION THREE: DRIVERS OF CHANGE 2013-2018 Change #3: Courts diverting more people from jail

PRETRIAL JAIL ADMISSONS 14 % 16 % Fewer Fewer 2013 2017 2018 Jail Crimes % Sentences 23,400 10 Oldest % % % Cases -23 -43 -56 Cleared 18,570 26% Fewer 14,970 Arrests 13,670 13,590 34% 11,880 More 10,548 10,678 10,302 Pretrial Impact on Diversion Jail population

1,210fewer people

Violent Felony Nonviolent Felony Misdemeanor These dramatic declines in jail admissions can partially be explained by falling crime and fewer arrests. But not entirely. While misdemeanor arrests have fallen by 41% since 2013, misdemeanor jail admissions dropped by 56%. And while felony arrests have fallen by 9% since 2013, non-violent felony jail admissions have dropped by 42%. The citywide diversion program, Supervised Release, has taken over 11,200 people from March 2016 to December 2018. Additionally, in 2018 judges set money bail in fewer cases than in the past. View CJA’s “Pretrial Release Without Money” Report. View the Supervised Release Scorecard. MONTHLY PRE-TRIAL ADMISSIONS AND SUPERVISED RELEASED DOCKET

5K

4,133

4K

3K

2,353 2K 1,921

1K

0 1.15 2.15 3.15 4.15 5.15 6.15 7.15 8.15 9.15 1.16 2.16 3.16 4.16 5.16 6.16 7.16 8.16 9.16 1.17 2.17 3.17 4.17 5.17 6.17 7.17 8.17 9.17 1.18 2.18 3.18 4.18 5.18 6.18 7.18 8.18 9.18 10.15 11.15 12.15 10.16 11.16 12.16 10.17 11.17 12.17 10.18 11.18 12.18

Pre-Supervised Release Post-Supervised Release

27 Source: MOCJ analysis of DOC data; MOCJ. SECTION THREE: DRIVERS OF CHANGE 2013-2018 Change #4: Courts clearing oldest cases

Though the number of people in jail for over one year has decreased, the average length of stay for people leaving jail has increased by 34% 14 % 16 % since 2013. This is due largely to huge decreases in people spending Fewer Fewer Jail Crimes fewer than 30 days in custody, which causes the length of stay to rise. % 10 Sentences From 2013 to 2018, the number of people spending fewer than 30 days Oldest Cases in custody declined by 53%. Read about Justice Reboot. Cleared 26% Fewer Arrests 34% TOTAL AVERAGE LENGTH OF JAIL STAY More Pretrial Impact on Diversion 80 Jail population 73.29 70 63.44 fewer350 people 60 54.86 1,256 50 1,176

40 The length of time that people spend in jail, particularly pretrial detainees who make up around three-quarters of the 30 jail population, is an important driver of the size of the jail

20 population. Reducing length of stay in jail requires significant cooperation and coordination among a number of different 10 entities, including the courts, mayoral agencies, state

0 corrections, district attorneys and defense attorneys. 2013 2017 2018

The vast majority of those in jail for longer than one year are detained pretrial and charged AVERAGE NUMBER OF PEOPLE IN with violent felony offenses. The most common CUSTODY FOR OVER ONE YEAR charges are murder and attempted murder. Since 2015, prosecutors, defenders, and judges 2K have worked to clear the oldest cases in the system, resulting in a 23% decrease in the 1,533 number of people in jail for over one year. 1.5K 1,256 1,176 6,358 AVERAGE LENGTH OF JAIL STAY, 1K EXCLUDING STAYS UNDER 30 DAYS

.5K 200 173.73 172.42 163.03 0 150 2013 2017 2018

100 If jail stays of one month or less are excluded, the 2018 average length of jail stay has increased by 6% since 2013, 50 but has fallen by 1% since 2017.

0 2013 2017 2018

28 Source: MOCJ analysis of DOC data. SECTION THREE: DRIVERS OF CHANGE 2013-2018 Change #5: Judges sentencing fewer people to jail

14 % 16 % If a defendant either pleads guilty or is found Fewer Fewer guilty by a judge, he or she is sentenced. Some Jail Crimes 10 % Sentences sentences are non-incarcerative and can include Oldest a fine or community-based program. Some, if for Cases less than a year, are served in city jails: 12% of the Cleared 26% New York City jail population is serving a sentence Fewer of one year or less. Sentences of over one year are Arrests served in state prisons. 34% More Pretrial In October 2017, the City expanded its Alternatives Diversion to Incarceration programs, for people who have Impact on Jail population otherwise been sentenced to jail. As a result of this intervention and other shifts in the criminal justicelandscape, admissions to jail for people 510 sentenced to one year or less have plummeted by 72% since 2013 and by 41% since 2017. Preliminary analysis suggests that this is being driven by reductions in sentences of 30 days or less, corresponding to changing enforcement PEOPLE ENTERING JAIL policies and alternative to incarceration WITH A CITY SENTENCE program expansions. 15K % The number of people going to state prison has 12,680 -72 Since 2013 also declined dramatically, down 41% since 2013. 12K The reductions in the state prison population are due almost exclusively to New York City sending fewer people to prison. 91% of the decline in the 9K New York State prison population is due to fewer 6,150 New York City residents being imprisoned. 6K 3,600 3K

0 2013 2017 2018 AVERAGE NUMBER OF PEOPLE SERVING PEOPLE TRANSFERRED TO STATE A CITY SENTENCE ON ANY GIVEN DAY PRISON FROM DOC CUSTODY

11,980 2K 12K % % 1,750 -41 -41 Since 2013 Since 2013 10K 1.5K 8,500 1,270 8K 7,050 1,040 1K 6K

4K .5K 2K

0 0 2013 2017 2018 2013 2017 2018

29 Source: MOCJ analysis of DOC data; MOCJ. SECTION FOUR What’s next: Putting the public back in public safety Over the past few years in New York City, we have gotten used to saying that we can have more safety with less incarceration. The current trends downwards in enforcement suggest that we can also have more safety with less enforcement. As the space between enforcement and safety narrows, another question emerges: what options beyond enforcement and incarceration could both improve safety and avoid the harms and costs that a justice system, focused on punishment, extracts? This section highlights a few examples already underway in the City that suggest a forward path in building safety from the neighborhood up.

30 SECTION FOUR: WHAT’S NEXT: PUTTING THE PUBLIC BACK IN PUBLIC SAFETY Neighborhood problem solving

For the past five years, the Mayor’s Action Plan for Neighborhood Safety (MAP) has worked with neighborhoods, city and non-profit agencies to enhance safety holistically using physical improvements and expanded opportunities for work and play, as well as strategic coordination of law enforcement and other city resources. Since 2014, MAP developments have seen an almost 9% decline in violent crime overall. MAP, along with decades ofresearch, has demonstrated that a sustainable peace is one where the public has a rolein defining and maintaining public safety.

In New York City, NeighborhoodStat is the mechanism through which communities and government work in partnership to increase safety and wellbeing. Through NeighborhoodStat resident stakeholder teams meet regularly with city agencies and local community organizations to develop their unique community safety priorities. The City, in turn, responds with resources, transparency and accountability to repair the relationship with communities where trust in government has been broken. The power in this process is its amplification of community voice and the building of community cohesion that evidence shows is critical to crime reduction efforts.

Resources to learn more:

Evaluation of MAP: John Jay College of Criminal Justice Chapter 8 “The End of Warrior Policing” in Patrick Sharkey’s An Uneasy Peace (2018) New York Times “Trying to Cut Crime in Public Housing by Making it More Livable”’

31 SECTION FOUR: WHAT’S NEXT: PUTTING THE PUBLIC BACK IN PUBLIC SAFETY Civilianizing safety

The City’s Office to Prevent Gun Violence oversees theCrisis Management System (CMS) which includes teams of credible messengers who mediate conflicts on the street and connect individuals to services that can reduce violence. In addition to mediation, CMS works in neighborhoods with residents, bringing an array of approaches from community shooting responses, to “occupying” blocks where shootings are likely, to creating teams of Peace Ambassadors who have experienced gun violence and spread the word to stop gun violence.

According to an evaluation completed by the John Jay Research and Evaluation Center, this approach contributed to a 31% decline in shootings in the 17 highest violence precincts. Programs also produced measurable changes in attitudes, increasing community confidence in law enforcement while reducing the willingness of young men to use violence to settle disputes.

Resources to learn more:

Evaluation of Cure Violence: John Jay College of Criminal Justice The Office to Prevent Gun Violence in the News

32 SECTION FOUR: WHAT’S NEXT: PUTTING THE PUBLIC BACK IN PUBLIC SAFETY The power of place

Thriving, healthy communities are ones that include vibrant physical spaces and neighborhood assets. The limitations of an environment, including deteriorating infrastructure, poorly maintained streets, vacant lots and waste management issues, can all negatively affect both the feeling and presence of safety. Several strategies in New York City’s are using the power of place and neighborhood engagement to create public spaces that invite positive connections. The Neighborhood Activation project worked with two neighborhoods to re-imagine and design public places. View the MOCJ report. Through MAP, neighborhood residents, community partners and city agencies envision and create physical spaces that are activated, well maintained, and invested in, bringing rejuvenated vibrancy into neighborhoods, often times transforming narratives, and creating safe spaces for communities to come together.

Resources to learn more: Neighborhood Activation Project Eric Kleinenberg, Palaces for the People (2018) New York Restoration Project

33 SECTION FIVE Data Appendix

34 SECTION FIVE: DATA APPENDIX Section one: key trends 2013-2018 MURDER RATE: USA AND 5 LARGEST CITIES, 1985-2018 (page 11)

USA NYC Los Angeles Philadelphia Houston Chicago 1985 8 19 24 17 26 22 1986 9 22 26 21 23 25 1987 8 23 24 21 19 23 1988 9 26 22 23 26 22 1989 9 26 26 29 27 25 1990 9 31 28 32 35 31 1991 10 29 29 28 37 33 1992 9 27 30 27 27 33 1993 10 27 31 28 26 30 1994 9 21 24 26 21 33 1995 8 16 25 28 18 30 1996 7 13 20 28 15 29 1997 7 11 16 27 14 27 1998 6 9 12 23 14 26 1999 6 9 12 20 13 23 2000 6 8 15 21 12 22 2001 6 9 16 20 13 23 2002 6 7 17 19 13 22 2003 6 7 13 23 14 21 2004 6 7 13 22 13 16 2005 6 7 13 26 16 16 2006 6 7 12 28 18 16 2007 6 6 10 27 16 16 2008 5 6 10 23 13 18 2009 5 6 8 20 13 16 2010 5 7 8 20 13 16 2011 5 6 8 21 9 16 2012 5.1 5 8 22 10 19 2013 4.5 4.8 7 16 10 15 2014 4 4 7 16 11 15 2015 5 4 7 18 13 18 2016 5 4 7 17 13 28 2017 5.4 3 7 20 12 24 2018 5 3.3 6.6 18.8 11.5 18.7 SOURCE: FBI UCR 35 SECTION FIVE: DATA APPENDIX

CRIMINAL SUMMONSES, 2013-2018 (page 12)

2009* 2013 2014 2015 2016 2017 2018 544,541 424,850 359,579 297,413 267,763 165,071 89,873

* PEAK YEAR SOURCE: NYPD

ARRESTS 2013-2018 (page 12, 26)

2013 2014 2015 2016 2017 2018 Felony 98,463 97,169 94,050 97,204 91,927 89,685 Misdemeanor 265,869 259,229 220,306 206,668 184,433 155,707 Violation 31,967 32,055 26,624 13,746 8,584 5,591

SOURCE: NYPD

STOP AND FRISK ENCOUNTERS, 2013-2018 (page 12)

2011* 2013 2014 2015 2016 2017 2018 685,724 193,839 45,787 22,939 12,404 11,629 11,079

* PEAK YEAR SOURCE: NYPD

36 SECTION FIVE: DATA APPENDIX Section two: changes in NYC jail 2013-2018

NYC ANNUAL DAILY JAIL POPULATION SINCE 1980 (page 15)

1980 7,667 2000 14,717 1981 9,173 2001 14,192 1982 9,498 2002 14,265 1983 9,973 2003 14,157 1984 10,073 2004 13,709 1985 11,023 2005 13,420 1986 12,873 2006 13,788 1987 14,691 2007 14,064 1988 15,868 2008 13,545 1989 18,756 2009 13,197 1990 20,209 2010 13,026 1991 21,674 2011 12,421 1992 20,486 2012 12,082 1993 18,623 2013 11,696 1994 18,408 2014 10,912 1995 18442 2015 9,753 1996 19,255 2016 9,758 1997 17,993 2017 9,226 1998 17,834 2018 8,397 1999 16,562

SOURCE: DOC TOP 10 CHARGES DRIVING DECLINE IN JAIL ADMISSIONS (page 17)

2013 2018 Marijuana Sale (M) 826 74 Criminal Trespass 2 (M) 1,083 205 Disorderly Conduct (M) 1,224 370 Theft of Services (M) 1,849 208 Robbery 2 (F) 2,010 1,160 Drug Sale 3 (F) 3,019 1,145 Drug Possession 3 (F) 3,393 1,479 Petit Larceny (M) 3,970 1,972 Drug Possession 7 (M) 4,159 1,100 Assault 3 (M) 5,224 2,701

SOURCE: DOC

37 SECTION FIVE: DATA APPENDIX

Section three: drivers of change 2013-2018

VIOLENT CRIME RATE BY BOROUGH (PER 100,000 RESIDENTS) 2013-2018 (page 24)

2013 2014 2015 2016 2017 2018 Bronx 730 690 720 740 670 650 Kings 550 500 480 450 420 420 New York 430 410 430 430 410 420 Queens 360 330 320 310 300 290 Richmond 260 240 250 240 220 210 Citywide 490 450 460 450 420 410

SOURCE: FBI UCR

SHOOTINGS IN NEW YORK CITY, 1993-2018 (page 25)

1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 5,269 4,411 3,265 2,563 1,980 1,759 1,759 1,794 1,608 1,629 1,577 1,481 1,534

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 1,567 1,443 1,519 1,420 1,473 1,510 1,374 1,103 1,171 1,138 997 789 754

SOURCE: NYPD

MARIJUANA ARRESTS BY ADMINISTRATION 1990-2018 (page 26)

1990 826 2000 51,344 2010 50,857 1991 706 2001 41,588 2011 51,051 1992 722 2002 44,209 2012 39,500 1993 1,368 2003 39,359 2013 28,178 1994 3,042 2004 28,124 2014 25,788 1995 5,562 2005 29,980 2015 15,933 1996 9,478 2006 32,228 2016 17,393 1997 18,026 2007 39,487 2017 17,121 1998 32,996 2008 40,712 2018 7,475 1999 33,873 2009 46,895

SOURCE: DCJS 38 SECTION FIVE: DATA APPENDIX

MONTHLY PRE-TRIAL JAIL ADMISSIONS AND SUPERVISED RELEASE DOCKET, 2015-2018 (page 27)

PRE-TRIAL ADMISSIONS AND SUPERVISED RELEASE INDIVIDUALS IN SUPERVISED RELEASE AS OF 2016

Pretrial Jail Supervised Charge Admissons Release Docket Felony Misdemeanor Total Severity Mar-16 4,303 219 Bronx 1,251 801 2,052 Apr-16 4,006 419 Brooklyn 1,340 2,250 3,590 May-16 4,134 595 Manhattan 1,865 663 2,528 Jun-16 4,136 744 Queens 1,823 446 2,269 Jul-16 3,987 848 Staten 245 568 813 Aug-16 4,037 960 Island Sep-16 3,883 1,014 Citywide 6,524 4,728 11,252 Oct-16 3,897 1,070 SOURCE: MOCJ Nov-16 3,517 1,089 Dec-16 3,375 1,113 Jan-17 3,924 1,134 Feb-17 3,382 1,173 Mar-17 3,996 1,244 Apr-17 3,841 1,359 May-17 3,899 1,363 Jun-17 4,034 1,389 Post- Jul-17 3,665 1,481 Supervised Aug-17 3,697 1,604 Release Sep-17 3,548 1,666 Oct-17 3,616 1,694 Nov-17 3,288 1,786 Dec-17 2,978 1,845 Jan-18 3,325 1,802 Feb-18 2,863 1,824 Mar-18 2,981 1,797 Apr-18 2,961 1,845 May-18 3,094 1,916 Jun-18 2,967 1,807 Jul-18 2,780 1,875 Aug-18 2,977 1,889 Sep-18 2,572 1,908 Oct-18 2,805 1881 Nov-18 2,503 1,902 Dec-18 2,353 1,921 SOURCE: MOCJ 39 SECTION FIVE: DATA APPENDIX Section four: what’s next

MAP DEVELOPMENTS SHOOTING RATES PER 100,000 PEOPLE, 2002-2013

• Van Dyke THE BRONX Staten • Butler MANHATTAN Bronx Brooklyn Manhattan Queens • Castle Hill • Polo Grounds Island • Patterson • St. Nicholas 2002 32.5 29.9 12.9 10.7 8.3 • Wagner 2003 29.9 29.7 12.1 10.5 9.2 BROOKLYN • Boulevard QUEENS 2004 25.6 27.3 13.0 11.0 7.9 • Brownsville • Queensbridge 2005 29.8 28.3 12.9 9.5 9.9 • Bushwick • Ingersoll STATEN 2006 29.4 26.8 13.7 10.6 7.3 • Red Hook ISLAND • Tompkins • Stapleton 2007 27.2 26.1 10.9 8.6 8.1 2008 29.1 24.4 11.4 11.0 10.3 2009 28.9 23.8 9.0 9.4 8.3 2010 29.5 25.5 12.5 9.0 5.8 2011 31 25.8 11.0 9.5 7.7 2012 28.5 21.2 9.4 10.4 8.7 2013 21.3 18.6 7.1 7.1 9.1 2014 24.1 19.8 6.5 6.9 8.0 2015 22.1 17.9 8.3 7.1 8.9 2016 16.7 15.7 8.7 6.7 7.5 2017 15.7 11.1 6.1 5.2 8.6 2018 15.4 11.7 5.2 4.7 4.2 SOURCE: MOCJ

PERCEPTIONS IN MORRISANIA, BRONX BEFORE AND AFTER CREDIBLE MESSENGERS

When violence breaks out I have heard of someone I have heard gunshots in my in my neighborhood, we can in my neighborhood being neighborhood at least once count on the police to help: threatened with a gun in in the past year. the past year. June 2014: 35% June 2014: 80% June 2015: 43% June 2014: 53% June 2015: 80% June 2015: 44% When violence breaks out in my neighborhood, I have seen at least one gun I would call the police. on my block in the past year.

June 2014: 53% June 2014: 33% June 2015: 56% June 2015: 28%

SOURCE: JOHN JAY EVALUATION OF CURE VIOLENCE

40 SECTION FIVE: DATA APPENDIX

AVERAGE MONTHLY JAIL POPULATION, 2013-2018

2013 2014 2015 2016 2017 2018 January 11,747 11,296 9,809 9,739 9,366 8,899 February 11,817 11,323 9,974 9,939 9,486 9,012

March 11,748 11,248 9,817 9,981 9,351 8,842 April 11,623 11,056 9,681 9,838 9,250 8,580 May 11,580 10,841 9,650 9,755 9,265 8,402 June 11,528 10,870 9,629 9,739 9,189 8,221 ,595 10,816 9,566 9,678 9,151 8,145 August 11,675 10,669 9,612 9,726 9,155 8,121 September 11,661 10,866 9,731 9,814 9,252 8,220 October 11,973 10,885 9,868 9,755 9,174 8,213 November 11,880 10,872 9,968 9,723 9,138 8,192 December 11,478 10,178 9,744 9,409 8,939 7,959

SOURCE: DOC

NYC ACCOUNTS FOR 91% OF THE DROP IN NEW YORK STATE PRISON POPULATION SINCE 2013

2013: baseline 2014 2015 2016 2017 2018 Total Decline 0 -723 -1,762 -2,521 -3,399 -4,594 in NYS Prison Population Decline 0 -796 -1,697 -2,736 -3,398 -4,195 in NYC Residents in Prison Decline in 0 73 -65 215 -1 -399 Non-NYC Residents in Prison

SOURCE: NEW YORK STATE DOCCS

41

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