The New Bail Reforms

The New Bail Reforms

The criminal justice system in New York has undergone several changes. More changes are still expected in the coming years. The city’s leadership has declared its effort to streamline everything in the system, precisely the bail terms. Any bail in any court system is used to represent the least restrictive condition that can assure a defendant’s appearance in court. The bail is supposed to be reasonable to the defendant and from the court’s perspective. Yet, many questions are being raised as to whether the new bail terms are fair or have gone too far.

The New Bail Reforms

About one year and a half ago, new bail terms were implemented in Erie County. However, the new cashless bail system is supposed to be implemented in the whole of New York in just a few month’s time. As from next year, every person who is charged with non-violent felonies and misdemeanors will be released on a Desk Appearance Ticket. There are, however, some exceptions on the same. A person accused of escape charges, bail jumping, or sex offense will be held until they are summoned. If a person’s license is suspended or a protection order issued, the person may be arraigned. However, at an arraignment, the judge may determine the type of release clause imposed. The following charges will have a release or release with no monetary conditions:

• All non-violent felonies and misdemeanors except criminal contempt, sex offenses, terrorism-related charges, witness intimidation and tampering, and individual children related offenses.
• All drug-related charges except for the operation of major drug traffickers.
• Robbery in the case where another aids someone
• Second-degree burglary

If a defendant shows any risk of flight to avoid prosecution, then bail may be set. There is no consideration of public safety when setting bail.

Types of Bail in New York

Apart from changing the conditions when bail is offered, there have also been changes in the kind of bail. For instance, when setting surety, the court has to consider at least three forms of bail. The types of bail or bonds available include secured bonds, unsecured bonds, or partially-secured bonds. For a partially secured bond, the defendant pays about 10% of the bail upfront. The defendant pays the balance if he/she skips court. There is no upfront payment for an unsecured bond. The court is also allowed to set cash bail as an alternative just like before. An individual’s financial capability is put in mind while determining their bail.

Pros of the New York Bail Reform

One of the major advantages of the New York bail reform is that people will not be forced to spent time in jail just because they lack bail money. Over the years, cash bail has been unfair to people with limited financial means. It has, however, benefited the rich since they can afford any cash bail set by the court. The bail reforms also prohibit excessive bail from being applied to minor offenses. Before this, a significant crime would receive the same cash bail as a juvenile crime. A study found that out of the 5,000 people detained pending trial, about 43% would have received bail under the current reforms.

Another advantage of the current reforms is that a defendant will not be held on bail if found that a prosecutor or the police overcharged them. Low-level felonies will resolve as noncriminal dispositions or misdemeanors. In the past, bonds that were set as felony charges have forced many defendants to spend a lot of time in jail for crimes that have ended up as mere violations.

The state of New York will also see less strain on correctional facilities. If the state has fewer people in jail, it is possible to allocate the available resources efficiently.

Cons of Bail Reforms in New York

It is a concern that public safety will not be considered while setting bail. It is scary that people accused of violent felonies, burglary, and robbery will be released on bail. These defendants may still pose a risk to the public as they might return to their old ways. There is no way to determine whether they will return to commit the acts they were accused of or not. There is also danger to the public when people with drug felonies are released back to the streets. Some of these defendants may be dealing with drugs like fentanyl, which puts the audience in great danger. Some drug lords also have access to guns that may cause harm to the public.

Bail terms might also erode public confidence in the judicial system. There is a high chance that victims will not feel safe if they see perpetrators free in the streets. There is no security that the person will not commit additional crimes. When further crimes are committed, the court system is seen to have failed in its duties and betrayed the public trust.

The new reforms must be implemented in New York as they have more pros than cons. The best justice is the one that presumes innocence until proven guilty. The justice system should always strive to provide equality to all defendants, including access to cash bail. Such reforms have been implemented successfully in California. There is a high chance that they might succeed in New York if the right effort is channeled into the same.