2019 New York bail reform

As part of the New York State Fiscal Year (SFY) Budget for 2019–2020, passed on April 1, 2019,[1][2] cash bail has been 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.

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.[5]

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.[6]

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.[7]

Additional criticism came from communities impacted by a 2019 spate of attacks in Brooklyn in which a pedestrians wearing identifiably Jewish clothing were assaulted, beaten and often knocked to the ground by an assailant or group of assailants, many of whom shouted antisemitic slurs.[8][9][10] One assailant, Tiffany Harris, who was released without bail after attacking a Jewish woman, attacked three other Jewish women the very next day; all of the victims were dressed in distinctively Jewish clothing.[11][12][13] This and other attacks raised concerns that the new law puts New Yorkers at risk.[14][15]

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. "New York bail changes set to take effect in January despite late swell of opposition". NBCNewYork.com. December 30, 2019.
  6. "Prosecutor says NY judges are 'anguished' as they release suspects under bail reform law". WPIX.
  7. "Rockland sheriff raises concerns over New York's new bail law after Monsey stabbing". The Washington Post. December 29, 2019. Retrieved December 30, 2019.
  8. "NYPD Steps Up Patrols". New York Times. 29 December 2019. Retrieved 31 December 2019.
  9. "Antisemitic Attacks fuel continuing rise in Hate Crimes in New York". New York Times. 18 February 2019. Retrieved 31 December 2019.
  10. "4 teens busted in string of attacks on Jewish men in Brooklyn". New York Post. 15 August 2019. Retrieved 31 December 2019.
  11. "NY woman released after attacking Jewish woman, assaults another woman". Jerusalem Post. 3 December 2019. Retrieved 31 December 2019.
  12. "Woman accused of assaulting 3 Jewish women arrested again day after release". New York Post. 29 December 2019. Retrieved 31 December 2019.
  13. 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.
  14. 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.
  15. 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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