2019 New York bail reform

The U.S. state of New York enacted bail reform, in an act that stood from January to June 2020. As part of the New York State Fiscal Year (SFY) Budget for 2019–2020, passed on April 1, 2019,[1][2] cash bail was eliminated for most misdemeanor and non-violent felony charges,[3] including stalking, assault without serious injury, burglary, many drug offenses, and even some kinds of arson and robbery.[4] The law went into effect on January 1, 2020. It was later narrowed after public pushback.[5]

According to The New York Times, "While New Jersey, California, Illinois and other states have limited the use of bail, New York is one of the few states to abolish bail for many crimes without also giving state judges the discretion to consider whether a person poses a threat to public safety in deciding whether to hold them."[4]

There was a surge of opposition from lawmakers, district attorneys, and police chiefs as the date of implementation of the bail reform law neared.[6]

New York state judges reportedly started releasing criminal suspects in November 2019 due to the impending law implementation. It was estimated that 25,000 people would be released by the time the law took effect.[7]

In the first full year after implementation of the law, there were approximately 100,000 cases where adults were released instead of being held in custody or assigned bail. In one-fifth of those cases a released individual sustained a new arrest while the initial case was pending, most of which were for misdemeanors and nonviolent felonies. Individuals who were rearrested on violent felony charges accounted for nearly four percent of those 100,000 cases, and fewer than one-half of one percent of those released were arrested again for violent felony charges with a firearm.[8][9]

Support

Supporters of the law "hailed it as a landmark measure to stop the poor from being jailed before trial simply because they had few resources." They say "the new bail system will pay dividends by allowing people awaiting trial to remain in their homes with their families and jobs — all elements of maintaining stability in low-income communities." They accused critics of the law of being alarmist.[4]

Opposition and criticism

Prosecutors and law enforcement officials criticized the law for taking away critical decision-making from judges, who no longer have "the discretion to set a higher bail for people with long arrest records" or have shown "other signs they might commit another crime." They also expressed concern that "some defendants released under the new rules will continue to commit crimes, and a few may try to intimidate potential witnesses."[4]

Further criticism came after the Monsey Hanukkah stabbing,[10] although the bail reform law did not apply in that case.[10]

Additional criticism came from communities impacted by a spate of anti-Semitic attacks in Brooklyn. One assailant, Tiffany Harris, was released without bail after attacking three Jewish women, and attacked another woman the next day.[11][12][13] This and other attacks raised concerns that the new law put New Yorkers more at risk.[14][15]

Following a spike in crime statistics in January 2020 and under sustained opposition, the bail reform was rolled back that month. Governor Andrew Cuomo signed legislation allowing judges to impose cash bail for more crimes and under more conditions (such as the defendant being on parole).[16]

References
  1. McKinley, Jesse (March 31, 2019). "New York State Budget Deal Brings Congestion Pricing, Plastic Bag Ban and Mansion Tax". The New York Times.
  2. "No Plastic Bags or Cash Bail: The Changes New Yorkers Will See Because of the State Budget". Spectrum News NY1. April 2, 2019.
  3. McMahon, Julie (April 2, 2019). "New York ends cash bail for most: What it means for people charged with a crime". Syracuse.com.
  4. McKinley, Jesse; Feuer, Alan; Ferré-Sadurní, Luis (December 31, 2019). "Why Abolishing Bail for Some Crimes Has Law Enforcement on Edge". The New York Times.
  5. Lartey, Jamiles (April 23, 2020). "New York Rolled Back Bail Reform. What Will The Rest Of The Country Do?". The Marshall Project. Retrieved 2020-06-02.
  6. Tarinelli, Ryan (December 30, 2019). "New York bail changes set to take effect in January despite late swell of opposition". NBCNewYork.com.
  7. Murphy, Mary (December 26, 2019). "Prosecutor says NY judges are 'anguished' as they release suspects under bail reform law". WPIX.
  8. Solomon, Joshua; Lyons, Brendan J. (January 2, 2022). "New data shows nearly 4 percent of people out due to bail changes were rearrested for violent felonies". www.timesunion.com. Retrieved January 2, 2022.
  9. Solomon, Joshua (January 12, 2022). "GOP questions state's bail data; updated data show 2% of bail offenses led to rearrests on violent felonies". www.timesunion.com. Retrieved January 12, 2022.
  10. Spector, Joseph (December 29, 2019). "Rockland sheriff raises concerns over New York's new bail law after Monsey stabbing". The Journal News. Retrieved December 30, 2019.
  11. "NY woman released after attacking Jewish woman, assaults another woman". The Jerusalem Post. December 31, 2019. Retrieved December 31, 2019.
  12. Moore, Tina; Garger, Kenneth (December 29, 2019). "Woman accused of assaulting 3 Jewish women arrested again day after release". New York Post. Retrieved December 31, 2019.
  13. McKinley, Jesse; Mays, Jeffrey C. (January 8, 2020). "After Anti-Semitic Incidents, New Bail Law in N.Y. Comes Under Attack Gov. Andrew Cuomo, a Democrat, has signaled that the law may need to be modified, setting up a battle with his party's progressive wing". The New York Times. Retrieved January 8, 2020.
  14. Feldman, Ari (January 7, 2020). "Hasidic Jews: New 'no bail' law is emboldening anti-Semites as hate crime rises". The Forward. Retrieved January 8, 2020.
  15. Schuppe, Jim (January 7, 2020). "Fair or dangerous? Days after ending cash bail, New York has second thoughts". NBC News. Retrieved January 8, 2020.
  16. Merkl, Taryn (April 16, 2020). "New York's Latest Bail Law Changes Explained". The Brennan Center for Justice. Retrieved November 16, 2020.
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