2019 New York bail reform

New York State attempted 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 largely rolled back in April of that year due to a rise in crime and the reform's subsequent loss of popularity.[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 is estimated that 25,000 people will be released by the time the law takes effect.[7]

Support

Supporters of the law have "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 say critics of the law are being alarmist.[4]

Opposition and criticism

Prosecutors and law enforcement officials have 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 fear "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[8], even though the bail reform law would not apply in that case[9].

Additional criticism came from communities impacted by a spate of anti-semitic attacks in Brooklyn. One assailant, Tiffany Harris, who was released without bail after attacking three Jewish women, and attacked another woman the very next day.[10][11][12] This and other attacks raised concerns that the new law puts New Yorkers at risk.[13][14]

References
  1. "New York State Budget Deal Brings Congestion Pricing, Plastic Bag Ban and Mansion Tax". The New York Times. March 31, 2019.
  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. "New York ends cash bail for most: What it means for people charged with a crime". Syracuse.com.
  4. "Why Abolishing Bail for Some Crimes Has Law Enforcement on Edge". The New York Times. December 31, 2019.
  5. Lartey, Jamiles. "New York Rolled Back Bail Reform. What Will The Rest Of The Country Do?". The Marshall Project. Retrieved 2020-06-02.
  6. "New York bail changes set to take effect in January despite late swell of opposition". NBCNewYork.com. December 30, 2019.
  7. "Prosecutor says NY judges are 'anguished' as they release suspects under bail reform law". WPIX.
  8. "Rockland sheriff raises concerns over New York's new bail law after Monsey stabbing". The Washington Post. December 29, 2019. Retrieved December 30, 2019.
  9. "Rockland sheriff raises concerns over New York's new bail law after Monsey stabbing". The Washington Post. December 29, 2019. Retrieved December 30, 2019.
  10. "NY woman released after attacking Jewish woman, assaults another woman". Jerusalem Post. 3 December 2019. Retrieved 31 December 2019.
  11. "Woman accused of assaulting 3 Jewish women arrested again day after release". New York Post. 29 December 2019. Retrieved 31 December 2019.
  12. McKinley, Jesse; Mays, Jeffrey C. (8 January 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". New York Times. Retrieved 8 January 2020.
  13. Feldman, Ari (7 January 2020). "Hasidic Jews: New 'no bail' law is emboldening anti-Semites as hate crime rises". The Forward. Retrieved 8 January 2020.
  14. Schuppe, Jim (7 January 2020). "Fair or dangerous? Days after ending cash bail, New York has second thoughts". NBC News. Retrieved 8 January 2020.
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