All violent felonies, and some non-violent felonies and repeat offenders, are subject to bail. Our reforms only affected misdemeanors and some non violent felonies.
The justice reforms that were passed in the 2019 State Budget are part of the state legislature’s ongoing efforts to fix New York’s broken criminal justice system and keep New York’s communities safe. And we revisited these reforms in 2020-2021 legislative session.
Crime is on the rise everywhere, and blaming NY’s bail reform is an easy out and not factual.
We can look to national trends, particularly in Republican controlled districts, where some of the steepest bail laws have done very little to curtail the crime rate.
In a report compiled by the the Major Cities Chiefs Association, out of the 66 largest police jurisdictions, 63 saw an increase in at least one category of violent crimes in 2020. A majority of these cities had not passed reforms that would have eliminated bail.
Crime has risen due to food insecurity, lack of housing, and mental health care that has been left untreated due to the pandemic, but Republicans would rather fearmonger than focus their attention on meeting people’s needs and providing safe housing and affordable health care.
Republican held states and cities like Miami, FL, have followed the same spikes of national crime rates, despite blocking any criminal justice and bail reforms from passing. Their outdated tactics have not proven to reduce crime, but have continued penalizing those who could not afford bail.
Bail reform is working. Current data show that the vast majority of people released were not rearrested. In fact, 98% of people released without bail are not committing violent felonies.
Money bail does not necessarily make New York safer. The data shows that only 2% of defendants who were released without bail were rearrested for violent felonies. This number is actually lower than those re-arrested for violent felonies after posting bail.
In New York City, those who paid bail have a consistent rearrest rate of approximately 5% for violent felonies—more than double the rearrest rate of those for whom bail wasn’t set.
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In light of recent events, it is with great determination that we continue this war on guns.
We’ve seen a tremendous spike in the number of gun-related crimes this past year.
It truly is a health crisis in and of itself, and must be confronted with a sense of urgency.
While some are quick to use bail reform as the scapegoat,we know that gun crimes are increasing across the nation.
74% of guns used in crimes in New York were originally purchased in other states, and travel along the “Iron Pipeline” of I-95 into New York.
The same people who love to quickly blame bail reform, are the same people who don’t support common sense gun laws, and who halted gun safety legislation from being passed for years.
The best way to stop a bad guy with a gun is by keeping them from getting one in the first place.
We have shown that there is a smart way to combat gun crimes, and ensure that we are working with community leaders to make real investments.
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Most gun charges are bail eligible.
Bail eligible:
Possession of a gun on school grounds
Possession of a handgun by a person with a prohibiting conviction (including any felony)
Possession of a machine gun, gun with bump stock attached, or silencer
Possession of a concealed gun or gun with serial number removed
Possession of three or more handguns
Possession of a handgun by a person with a Class A misdemeanor conviction in the past five years
Possession of an unloaded gun during the commission of a drug trafficking offense
Possession of an unloaded gun during the commission of a violent felony
Possession of a machine gun or disguised gun with the intent to use it against another person
Possession of a loaded handgun without a license outside of the person’s home or business
Sale of a gun by a person without a license
Sale of a gun by a person over the age of 16 with the help of a person under the age of 16
Not bail eligible:
Simple possession of a handgun without a permit
Possession of a rifle or shotgun by a person with a prohibiting conviction (including any felony)
Possession of an unregistered, non-SAFE Act-compliant assault rifle
Possession of a bump stock not actually attached to a gun
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We need to give young New Yorkers an alternative to crime, and ensure that they have a pathway that doesn’t center around guns.
In the previous budget we established the Community Violence Intervention Act, which declares gun violence a public health crisis and creates a funding source for community and hospital-based violence intervention programs.
This Act ensures that 10% of Victims of Crime Act’s total award fund is allocated for gun violence intervention programs.
Additionally, the Senate Majority has provided $10.5 million for youth, gang, and gun violence prevention programs, and $4.1 million legal services and public safety programs.
Last legislative session the Senate Majority passed another historic gun safety package to help mitigate easy access and lack of accountability, which included:
• Gun Industry Liability Law: This bill, S.1048A, sponsored by Senator Zellnor Myrie, imposes accountability on those responsible for the illegal or unreasonable sale, manufacture, distribution, importing, or marketing of firearms that creates a public nuisance and harm to the public.
• Crackdown on Imitation Weapons: This bill, S.687, sponsored by Senator Brad Hoylman, would update the definition of “imitation weapon” to be consistent with New York City Administrative Code and combat the harm incurred by realistic toy guns.
• Mandatory Purchase Waiting Period: This bill. S.1235, sponsored by Senator Michael Gianaris, would enact a ten day waiting period for the purchase of all firearms, and would charge any violation as a class A misdemeanor.
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Let’s continue to look at the data. The sad part of how sentencing has worked is that if a Black person commits the same crime as a white person, the Black person is sentenced for longer time, higher bail. There has been a disparity in the treatment of the same crime depending on the color of a person’s skin.
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The fact is that Judges have always had discretion.
From National Academy of Science study on pre-trial detention and jail, the Sentencing Project and Prison Policy Organization:
• Black felony defendants are over 25% more likely than white defendants to be held pretrial for same crime.
• Across the country, Black and brown defendants are at least 10-25% more likely than white defendants to be detained pretrial or to have to pay money bail.
• Young Black men are about 50% more likely to be detained pretrial than white defendants.
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Black and brown defendants receive bail amounts that are twice as high as bail set for white defendants—and they are less likely to be able to afford it.
Even in states that have implemented pretrial reforms, racial disparities persist in pretrial detention.
In regard to dangerousness, look at Kyle Rittenhouse for example. He was driven across state lines by his mother and he shot 3 people, killing 2, and he was not deemed dangerous and was out on bail.
But Kalif Browder, who was accused of stealing a backpack, was held on Rikers Island for 3 years without a trial because his family was not able to afford bail.
Bail reform is working. Current data show that the vast majority of people released were not rearrested. In fact, 98% of people out because of these reforms are not committing violent felonies.
Bail reform is keeping people not yet convicted of misdemeanors or non violent felonies with their families, in their homes, in their jobs and in their communities while they wait for their day in Court.
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