Key Takeaways
- In 2021, approximately 429,000 people were held in pretrial detention in local jails across the United States, representing 71% of the total jail population.
- Pretrial detainees made up 64% of the jail population in 2019, down slightly from previous years due to pandemic-related releases.
- As of 2022, over 500,000 individuals were detained pretrial nationwide, with significant variation by jurisdiction.
- Black individuals are 3.5 times more likely to be detained pretrial than whites.
- In 2020, 51% of pretrial detainees were Black, despite being 13% of population.
- Women comprise 15% of pretrial detainees, with higher rates for drug offenses.
- Average pretrial detention length in U.S. jails: 25 days in 2021.
- Federal pretrial detention averages 90 days, up 10% from 2019.
- In New Jersey post-reform, median pretrial detention dropped to 10 days.
- Pretrial detention triples conviction likelihood.
- Detained pretrial receive 2x longer sentences than released peers.
- 25% job loss among pretrial detainees upon release.
- U.S. pretrial detention costs taxpayers $14 billion annually.
- Average daily cost per pretrial detainee: $150-$200 nationwide.
- Bail industry generates $2 billion yearly from pretrial practices.
Pretrial detention holds hundreds of thousands of people who are not yet convicted of a crime.
Costs and Reforms
- U.S. pretrial detention costs taxpayers $14 billion annually.
- Average daily cost per pretrial detainee: $150-$200 nationwide.
- Bail industry generates $2 billion yearly from pretrial practices.
- New Jersey reforms saved $47 million in jail costs since 2017.
- Harris County risk assessment reduced pretrial costs by 25%.
- Federal pretrial services save $1,000 per defendant supervised.
- Cook County eliminated cash bail, cutting costs by $75 million/year.
- Pretrial diversion programs cost $5,000 vs. $30,000 for detention.
- California Prop 47 reforms lowered pretrial jail spending 20%.
- Electronic monitoring costs $10/day vs. $100 jail pretrial.
- Kentucky pretrial reform saved $20 million annually.
- National ROI on pretrial supervision: $4 saved per $1 spent.
- Philadelphia citation program reduced pretrial costs by 40%.
- D.C. pretrial agency handles 15,000 cases/year at $25/day avg.
- Reforms in 30 states cut pretrial populations 15-30% since 2015.
Costs and Reforms Interpretation
Demographics
- Black individuals are 3.5 times more likely to be detained pretrial than whites.
- In 2020, 51% of pretrial detainees were Black, despite being 13% of population.
- Women comprise 15% of pretrial detainees, with higher rates for drug offenses.
- 25% of pretrial detainees are aged 18-24, the youngest cohort.
- Hispanic pretrial detainees make up 28% of jail populations in border states.
- Veterans represent 10% of pretrial detainees in urban areas.
- 60% of pretrial detainees have mental health issues, per screening data.
- Low-income pretrial detainees (under $20k) are 80% of total.
- Native Americans are detained pretrial at 4x the rate of whites in some states.
- 40% of pretrial female detainees have children under 18.
- Pretrial detainees with GED or less education: 70%.
- In Philadelphia, 62% of pretrial detainees are Black males aged 18-35.
- LGBTQ+ individuals face 2x pretrial detention risk.
- Unemployed pretrial detainees: 55% at time of arrest.
- Elderly (over 55) pretrial detainees rose 30% since 2010.
- In Miami-Dade, 35% of pretrial are immigrants or non-citizens.
- Substance use disorder affects 65% of pretrial population.
- Disabled pretrial detainees (physical/mental): 20%.
Demographics Interpretation
Duration of Detention
- Average pretrial detention length in U.S. jails: 25 days in 2021.
- Federal pretrial detention averages 90 days, up 10% from 2019.
- In New Jersey post-reform, median pretrial detention dropped to 10 days.
- 30% of pretrial detainees held over 1 month in urban jails.
- Average wait for misdemeanor pretrial hearing: 15 days nationally.
- In California, pretrial detention for felonies averages 45 days.
- 20% of pretrial detainees held over 3 months, risking case dismissal.
- Pandemic reduced average pretrial stay by 40% to 18 days in 2020.
- In Texas counties, pretrial detention exceeds 60 days for 25%.
- Federal cases: 15% pretrial detention over 6 months.
- Rural areas see average pretrial detention of 35 days vs. 20 urban.
- Post-arraignment detention averages 22 days nationally.
- In Florida, 40% pretrial detainees held 1-2 weeks.
- Median pretrial detention for drug charges: 28 days.
- Speedy trial violations occur in 10% of cases over 90 days pretrial.
- Illinois pretrial average: 19 days after 2021 reform.
- Average pretrial detention length nationwide: 23 days in 2022.
- In Los Angeles, 35% of pretrial detainees held over 30 days.
- Federal pretrial detention for violent offenses averages 120 days.
- Misdemeanor pretrial stays average 12 days in reformed jurisdictions.
- Broward County, FL: Average pretrial 18 days post-algorithm use.
- 25% of U.S. pretrial detainees held 2-4 weeks.
- Oregon pretrial average dropped to 14 days after HB 2355.
- In jails, felony pretrial detention lasts 40 days median.
- Pretrial detention over 90 days in 12% of cases nationally.
- Washington D.C. pretrial release averages 7 days to hearing.
Duration of Detention Interpretation
Impacts and Consequences
- Pretrial detention triples conviction likelihood.
- Detained pretrial receive 2x longer sentences than released peers.
- 25% job loss among pretrial detainees upon release.
- Pretrial detention linked to 40% higher recidivism within 1 year.
- Families of pretrial detainees face $1,200 average bail costs.
- Mental health deteriorates in 50% of pretrial detainees.
- Pretrial incarceration costs individuals $15,000 in lost wages annually.
- 30% of pretrial detainees lose housing upon release.
- Child welfare involvement rises 20% for detained parents pretrial.
- Pretrial detention increases suicide risk by 3x in first year post-release.
- 60% of pretrial detainees report family separation trauma.
- Health outcomes worsen: 15% untreated conditions pretrial.
- Pretrial detention correlates with 50% higher plea bargain rates.
- Community ties weaken: 35% lose primary relationships.
- Pretrial release reduces rearrest by 17%.
Impacts and Consequences Interpretation
Rates and Prevalence
- In 2021, approximately 429,000 people were held in pretrial detention in local jails across the United States, representing 71% of the total jail population.
- Pretrial detainees made up 64% of the jail population in 2019, down slightly from previous years due to pandemic-related releases.
- As of 2022, over 500,000 individuals were detained pretrial nationwide, with significant variation by jurisdiction.
- In New York City, pretrial detention rates dropped 40% after bail reform in 2020, from 5,000 to 3,000 daily.
- Federal pretrial detention rose 15% from 2018 to 2022, affecting 13,000 people daily.
- 82% of pretrial detainees in Los Angeles County in 2021 were held for non-violent offenses.
- Pretrial population in state jails increased by 20% in rural counties from 2010-2020.
- In 2020, 45% of Black Americans in jails were pretrial compared to 35% of whites.
- Pretrial detention accounts for 95% of the growth in U.S. jail populations since 1970.
- Daily pretrial jail census reached 460,000 in 2018 before COVID declines.
- In Harris County, TX, pretrial detainees comprised 85% of jail population in 2022.
- National pretrial detention rate is 150 per 100,000 adults as of 2021.
- 70% of people in jail pretrial have incomes below $10,000 annually.
- Pretrial holds contribute to 40% overcrowding in urban jails.
- In 2019, 1 in 5 pretrial detainees were held for misdemeanor charges.
- Pretrial detention rates vary by state: 80% in Louisiana vs. 50% in New Jersey.
- Federal courts detain 32% of defendants pretrial under the Bail Reform Act.
- In Cook County, IL, pretrial population fell 25% post-reform to 4,500 in 2022.
- 90% of pretrial detainees cannot post bail over $5,000.
- Pretrial jail population in California averaged 38,000 in 2021.
Rates and Prevalence Interpretation
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