Advocates fume as N.Y. bail reform is altered

ALBANY — A new state law allows judges to set bail for more criminal charges than originally allowed under a sweeping 2019 reform that largely did away with cash bail for many people awaiting trial.

Several criminal justice reform groups and state lawmakers raised concern at a Thursday virtual news conference that the amended law, which is in effect now, will land more people behind bars amid the COVID-19 pandemic.

“Legislators rolled back bail reform knowing that it would put more people in jail,” said Roger Clark, a community leader with the #HALTsolitary campaign and VOCALNY. “It’s unconscionable.”

Last year, the Democraticled Legislature passed a landmark state law that ruled out money bail and pretrial detention for most misdemeanor and nonviolent felony charges.

Supporters pointed out that cash bail allows the wealthy to avoid jail while awaiting charges and hoped the reform would prevent others from repeating the fate of Bronx resident Kalief Browder, who was 16 when he was sent to Rikers after being accused of stealing a backpack. He spent three years there, nearly two in solitary confinement, before eventually being released without facing a trial. He later killed himself.

But when the law went into effect in January, law enforcement agencies across New York raised the alarm about public safety as the state’s jails and prisons began releasing individuals awaiting trial.

Republicans and other critics raised concern over people committing new offenses after being released under the bail law.

In April, Gov. Cuomo and Democratic legislative leaders agreed to amend the law to allow judges to set bail for more crimes, including misdemeanor bail jumping.

The expanded list crimes eligible for bail now includes: certain hate crimes, leaving the scene of a fatal accident, knowingly participating in a criminal enterprise, first-degree criminal possession or sale of a controlled substance, vehicular assault, criminal possession of a weapon on school grounds, money laundering and criminally negligent