New York Just Got A Whole Lot Safer

New York Just Got A Whole Lot Safer

New York just got a whole lot safer thanks to this new piece of legislature. John Iadarola and Wade McMullen break it down on The Damage Report. Follow The Damage Report on Facebook:

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"A new bail law goes into effect on January 1 in New York. It will eliminate pretrial detention and cash bail as an option in an estimated 90 percent of arrests. For the remaining cases, judges will maintain the option of setting cash bail.

As the effective date nears, some have raised concerns, leading to the introduction of legislation to roll back the bail reform package or put a moratorium on implementation. Here are the facts about what the law does and doesn’t do.
The law’s provisions

For most misdemeanors and nonviolent felonies, cash bail is no longer permitted. Judges must release individuals charged with those crimes with no cash bail, either on their own recognizance or with release conditions designed to ensure that the individual returns to court, such as pretrial supervision and text message reminders for court dates.

For those charged with the most serious crimes — including almost all violent felonies and certain nonviolent felonies, such as sex offenses and witness tampering — very little has changed in New York. In those cases, judges will retain the option to set cash bail.

In addition, the law has not changed what judges are permitted to consider in setting bail. Unlike almost all other states, judges in New York are not permitted to detain people due to concerns that they will pose a danger to the community if released. This part of the legislation is consistent with longstanding law in New York, which has prohibited the consideration of dangerousness in setting bail since 1971 in order to ensure that those charged with crimes are afforded the presumption of innocence."

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