However, a public hearing could give lawmakers the opportunity to hear directly from law enforcement officials, give them the opportunity to submit their own data, and also hold those officials accountable for any misinformation they might spread. A clear example of this was a legislative hearing in Albany in October 2021, when then-NYPD Commissioner Dermot Shea retracted his repeated and unsubstantiated claims that bail reforms were driving an increase in gun violence in the city. NEW YORK — According to former police officer and Democratic mayor Eric Adams, New York is teeming with career criminals who are reoffending in record numbers after national reforms eliminated bail for most crimes in the state. In the days leading up to the entry into force of the reforms, 1. In January 2020, a series of anti-Semitic attacks in Brooklyn sparked media coverage linking the attacks to the new laws. Some of the suspects in the attacks had been released without bail; Republican tabloids and lawmakers seized on the narrative to attack the reforms, which had already been met with skepticism by law enforcement and some judges. Three years ago, New York State passed a law that ends the assessment of cash bail in most cases of misdemeanors and nonviolent crimes. The law aimed to reduce the risk of a person being imprisoned because they cannot afford to pay for their release and to reduce unnecessary detentions, which can profoundly disrupt people`s lives. On Wednesday, the New York State Division of Criminal Justice Services (DCJS) quietly dropped a bombshell.
For months, the state avoided releasing much-needed data on those charged in New York City before lawmakers passed bail reform. But the new data available confirms what critics have long argued: bail reform has been followed by a significant increase in criminal offences. In 2019, New York lawmakers passed a law that eliminated the use of cash bail for most offenses and some nonviolent offenses, in a belated realization that a person`s assets should not determine their freedom. The table above breaks down the four types of release orders for cases that (a) were not resolved in the indictment and (b) for which the decision is known (approximately 86% of cases). What they essentially show is that in the post-bail period, judges were less likely to fix bail and were more likely to release offenders on their own (MMR in the table) or release them subject to restrictions – “non-monetary release/supervised release” or NMR/UHN. This means that their release is subject to a restriction other than the posting of a bond. such as handing over a passport or keeping a job. In particular, NMR use tripled between 2019 and 2021.
Not surprisingly, the purpose of bail reform has been to reduce the use of cash bail, particularly through the increased use of NMR. But Democratic Gov. Kathy Hochul and legislative leaders say few defendants released pending trial will reoffend, while many more will be spared from the city`s festering prisons — thanks to new laws announced by progressives and accepted by some moderates. Insha Rahman, Vice President of Advocacy and Partnerships at the Vera Institute of Justice, moderated a panel discussion that listened from the perspective of the judiciary, legislature, lawyers, and public advocates to discuss what we know about the extent to which bail reform has affected racial disparities and populations. For NYCLU`s Trujillo, there is one definite positive outcome of bail reforms so far: the absence of trauma for people who would otherwise be locked up on Rikers Island. This means that people accused of a crime can go to work, participate in social programs or take care of their families. As part of amendments to the state bail law passed this year, judges are also expected to consider whether a defendant is charged with causing serious harm to someone and whether they have a history of illegal weapons. The OCA also gave the judges a memo — obtained from the Post — summarizing the law in seven pages with diagrams detailing the various offenses still eligible for cash bail, which has been eliminated for most offenses and nonviolent crimes. “We never said that the cause of crime in the state was due to bail reform,” Hochul, whose re-election was approved by Adams, said in an announcement on gun safety the day after a special session was called. “It`s too easy.
It is a political slogan. “We never said that the cause of crime in the state was due to bail reform,” said Gov. Kathy Hochul. | Michael M. Santiago / Getty Images It`s worth explaining the new data in detail. Previously, analysts who were unfamiliar with government databases had to use New York State charge data published by the Office of Court Administration. This data currently covers most costs between January 1, 2020 and December 31, 2021. Bail reform in New York came into effect earlier. This means that prior to bail reform, detailed data on charges and their outcomes were not publicly available – something we need to understand about how things changed after bail reform was implemented. Washington County District Attorney J. Anthony Jordan, president of the New York State Association of District Attorneys, also said in a statement: “Whenever significant changes are made to our laws and public policy, thorough monitoring must be conducted simultaneously to assess the effectiveness of the changes and consider any further changes or adjustments that are necessary.
Hochul countered that Adams` concerns had been addressed by the revision of the bail reform law, passed in April as part of the state`s 2023 budget, and that judges should therefore “use the broad discretion they have.” On Wednesday, September 21, the New York State Division of Criminal Justice Services (DCJS) and the John Jay College of Criminal Justice hosted a webinar detailing the results of interim release before and after the state bail reform bill comes into effect in 2020. When judges set bail, they must consider a person`s creditworthiness and offer various options, including cases where no money is required in advance or only a percentage called a “partially secured bond.” In early April 2020 — as the state grappled with a wave of COVID-19 cases — state lawmakers made adjustments to reforms and expanded the list of bail offenses. Recent additions include a provision allowing judges to set cash bail for anyone deemed to be a “chronic offender.” Generally, there are two payment options. One of them is the cash bond, where a defendant pays the court the full amount set by a judge. Criminal justice reform protesters lobbied for an end to bail outside the Manhattan District Attorney`s Office after the deaths of a dozen people in the city`s jails on October 6, 2021. Many police chiefs and some politicians have opposed these bail reforms from the beginning. Now, in the midst of a new Parliament, the law is under renewed scrutiny as critics seek to blame it for the recent spike in violent crime, which increased nationwide in 2020 and 2021 as the pandemic swept the country and devastated the economy. More recently, Governor Kathy Hochul proposed legislative changes after initially advocating a patient- and data-driven approach to assessing its impact. State lawmakers and top state lawmakers — all Democrats — have remained staunchly opposed to changing the way bail is conducted. This year, the legislature added theft to that provision, making repeat shoplifters eligible for bail.