Bail reform backtrack is underway
ALBANY — New York lawmakers are expected to expand the list of charges that qualify for cash bail as they weigh changes to controversial criminal justice reforms.
The Legislature was on the cusp of approving tweaks to the state’s bail laws Thursday as part of the budget process — just three months after measures scaling back the use of bail and expanding access to evidence went into effect. Gov. Cuomo, noting the heated backlash from cops and prosecutors following last year’s overhaul, said he’s happy with the changes.
Last year, criminal justice advocates applauded the Democratic-led Legislature for passing measures that ended cash bail for misdemeanors and non-violent felonies. Supporters say the reforms made the justice system more just by not penalizing poor people who couldn’t afford to make bail.
Law enforcement officials pushed back earlier this year, claiming the new rules jeopardized public safety.
Cuomo and legislative leaders struck a tentative agreement early Thursday that makes a number of misdemeanor and felony crimes subject to a cash bail order, which allows a judge to keep someone in jail while awaiting trial unless they pay a certain amount in cash or bond.
Additional charges that will qualify for bail include seconddegree strangulation, unlawful imprisonment and any crime that is alleged to have caused the death of another person.
“The refinements that the legislature is enacting today emerged from a thoughtful, deliberate process among the Governor, Senate Majority Leader and Assembly Speaker,” New Yorkers United for Justice said in a statement.
Others were disappointed with the outcome.
“Today is a dark day for thousands of New Yorkers whose lives have been put in jeopardy,” said Tina Luongo, attorney-in-charge of the criminal defense practice at the Legal Aid Society. “Even when the decisions are life or death, it’s politics that reign supreme in Albany, and we have witnessed a complete disregard for the safety of Black, Brown and low-income New Yorkers.”