NY to try algorithm-driven pretrial risk assessments

 

Connecting state and local government leaders

The governor is allowing judges to use “validated risk assessment” in pretrial determinations, but the fairness of the tools has been called into question.

New York Gov. Andrew Cuomo plans to update what he calls the state’s “antiquated system” of bail and pretrial detention, but the accuracy of the technology New York will use has been called into question by experts.

To help reduce pretrial incarceration, Cuomo is allowing judges to use “validated risk assessment” in pre-trial determinations. Individuals who pose a high risk would likely still be held pending bail payment, but  those who pose little risk could go free until trial.

Details on exactly what this risk assessment will look like remain sparse. “These assessments will be conducted by instruments that are validated, objective, and transparent to ensure that there is no bias in release determinations,” the governor’s announcement said.

Cuomo’s office did not respond to multiple phone calls and emails for this article.

New York will not be the first judicial system to use these algorithm-driven tools. When the Obama administration announced the Data Driven Justice Initiative in 2015, it touted Charlotte-Mecklenburg, N.C.’s use of the technology and the resulting drop in total county jail population.

But Cathy O’Neil, author of “Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy” and founder of the algorithmic auditing company ORCAA, said the algorithms that power these risk assessment tools can be problematic.

“I don’t think we’re ready,” O’Neil said about governments using risk assessment tools. “I don’t think the tools are mature enough for widespread use, but if Cuomo is going to go ahead and do it, at the very least he needs to provide ongoing, transparent evidence that these tools are doing a good job and are not racist.”

And these tools can have a bias, she said. In fact, a recent investigation by ProPublica found racial biases in the software that assigned higher risk scores to black defendants.

Part of the reason for that bias is that the humans who create the mathematical models define what is “fair.” If the recidivism rate is higher for black people, the algorithm may be calibrated to give blacks higher risk scores, without taking into account enough other influencing factors.

New York  plans to use “objective” risk assessment, but O’Neil said that because the definition of “fair” depends on what factors are used in the evaluation,  “there is no such thing as objective because, again, this is a subjective choice of what we call ‘fair.’”

Another problem with the tools is that they’re opaque, she says. Risk assessment companies often insist on clauses in government contracts to ensure their algorithms -- or intellectual property -- are exempt from freedom of information requests. But it is possible to audit their effectiveness without seeing the actual algorithm, O’Neil said. That would mean publically sharing the actual recidivism rate for blacks versus whites.

What people should not do, she said, is expect these algorithms to be perfect.

“I think the most important thing is to compare [the analysis] to the state of the world or the state of bail hearings without that tool,” she said. “You can’t compare it to perfection -- you have to compare it to humans doing it without the tool.

“There are scenarios in which it seems like a good idea,” she said. “But the thing you need to keep track of is how fair is it?”

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.