New York Budget Brings Changes to Controversial Bail Reform Laws

 

Changes are coming to New York’s controversial bail reform laws. The changes come in the state budget.

Republicans say it’s not enough and progressives say it went too far, but a recently released poll of voters showed the state needed to do something.

“In 2019, there was a major shake-up in New York state politics because the Democrats came to control the Senate,” SUNY Plattsburgh Political Science Professor Harvey Schantz said.

The Democrats were also the majority in the Assembly and held the governor’s seat with then-governor Andrew Cuomo.

“Elimination of cash bail is something the progressive Democrats wanted and it was put into law,” Schantz said.

The New York Legislature passed bail reform in 2019 which eliminated cash bail and the judge’s discretion of setting bail to most misdemeanor and nonviolent crimes.

The state says this is to keep people out of jail as they wait for their day in court.

“As soon as that passed, law and order and the rise in crime became a political campaign issue,” Schantz said.

Republicans pointed to the change as a reason the crime rate is rising.

“There is an argument whether the change in bail laws caused the rise in crime or if it was the pandemic,” Schantz said.

Voters noticed the rise in crime, too. A poll from Sienna College this past February showed 91% of New Yorkers saw crime as a “very” or “somewhat” serious problem in the state, which led Gov. Kathy Hochul to make changes to the policy in her budget last minute.

The changes allow more power for judges and add more gun-related crimes to the list of bailable offenses.

“I’ve always been a big proponent of keeping policy out of a budget. Maybe you can do it better when it’s out of a budget,” said Assemblyman Billy Jones, D-Chateaugay Lake.

Lawmakers in our region say the changes aren’t enough.

“It’s a step in the right direction but more needs to be done,” Jones said.

Jones says he wants to see more changes, particularly when it comes to repeat offenders.

Sen. Dan Stec wants to see the reform repealed completely.

“New Yorkers have made their voices heard loud and clear. They want common-sense public safety laws,” said Stec, R-Queensbury.

Jones says he plans to bring the policy up again this year to try and make further changes.

Stec says district attorneys and law enforcement must be a part of the conversation.

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