New York state bail reform law will take effect this week. Some officials fear for public safety

A New York state bail reform law is set to take effect this week on Jan. 1. As the most significant change to the state’s criminal justice system in years, the law, passed in April, works to decrease pretrial incarceration by eliminating cash bail for nonviolent felonies and misdemeanors. While many believe this new law will allow for less crowded jails and prevent those who cannot afford bail from being stuck behind bars, others fear that criminals who are set free will not return for court hearings without bail set for insurance.

A report published by the Vera Institute of Justice, “New York, New York: Highlights of the 2019 Bail Reform Law,” showed that the bill would eliminate cash bail and mandate release for an estimated “90% of all arrests statewide.” For violent felonies, judges may set bail or other conditions to ensure an accused perpetrator will return to court; however, in such cases, the new law requires judges to consider a person’s ability to pay and any potential hardships.

Criminal defense attorney Howard Greenberg said that he sees both negative and positive components of the law. Reported CBS New York,

“It’s great because almost anybody charged with a crime will be released without bail. They won’t have to jump through hoops to raise money in order to get released,” Greenberg said. “On the other hand, that’s terrible because criminal charges that anyone trying to be fair would contemplate that should result in bail being set to guarantee somebody’s return is not going to happen.

“The purpose of bail is to guarantee somebody’s return to court. I think a lot of folks who get charged with very serious crimes that no longer have bail, will no longer return to court,” Greenberg added.

Since October, detainees on Rikers Island whose offenses no longer require them to post bail under the law have been released, and the city has put in place resources for them that include housing, NY1 reported. While housing and mental health initiatives have been implemented, the reform program still lacks sufficient funding and is seen as a public safety concern, especially with recent attacks on the Jewish community, opponents of the law say. New York Gov. Andrew Cuomo said he thought the state Legislature would not change the date the law took effect, according to NBC. "It is change, and change is often opposed by the system.This change has been done by other states … The wheels did not fall off the car,” said Cuomo.

While some officials fear the law favors criminals over victims of crimes, advocates believe this is the first step in making the criminal justice system fairer. The chief strategist for the advocacy group New Yorkers United for Justice, Khalil Cumberbatch, told NBC that the new law will allow for a safer and “more just system … that doesn’t give added benefits to folks who can afford all the luxuries.”

New York City Councilmen Kalman Yeger and Chaim Deutsch expressed criticism of the law after five people were stabbed in a rabbi’s home this weekend, saying that money is being spent on criminal justice reform instead of on increasing safety. "It's open season on Jews in New York, and we can't even get a dollar for armed security at our synagogues," they said in a joint statement Deutsch posted on Twitter. "But by all means, let's spend $8 billion dollars tearing down Rikers and building new jails." 

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A statement from @KalmanYeger and me: pic.twitter.com/a73IGhU5bS

— Councilman Deutsch (@ChaimDeutsch) December 29, 2019

Following the string of attacks these last two weeks, officials said that police patrols in the neighborhoods and around synagogues would increase. The law taking effect on Jan. 1 addresses nonviolent crimes, and eliminates bail for misdemeanors, not for sex crimes or for those charged under orders of protection. Many fear, however, that criminals will walk loose without paying a price for the crime they have committed.

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