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Senate Democrats' NY bail plan: Eliminate cash bail, give judges more discretion

Jon Campbell   | New York State Team
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ALBANY – Judges would have greater authority to hold people in jail as they await trial under a new plan proposed by Senate Democrats, who are facing public pressure from law enforcement to overturn a series of cash-bail reforms that just took effect last month.

The plan from the Senate's Democratic leadership would eliminate cash bail entirely, ending a system that allowed defendants to pay cash or bond to ensure their release.

But the proposal would also expand the number of crimes where someone can be remanded to jail ahead of their trial, with judges required to follow strict guidelines when determining whether a defendant should be held or let free.

"We are getting rid of cash bail completely," Senate Majority Leader Andrea Stewart-Cousins, D-Yonkers, said in a statement Wednesday. "Simply put, the reforms will ensure that no one will be incarcerated simply because of their inability to pay and that no one will be let out of prison because of their enormous wealth."

More: Exclusive: How many will be freed with cash bail reforms in NY?

Uproar followed cash bail reforms

Last year, Gov. Andrew Cuomo and the state Legislature approved an overhaul of New York's bail system, eliminating cash bail for misdemeanors and some felonies, most of which are considered non-violent.

The new system, which took effect at the start of 2020, attempted to reform the criminal-justice system to make it less reliant on money, with supporters arguing someone shouldn't sit in jail just because they don't have the means to pay their way out.

But law-enforcement officials from across the state have assailed the new system, arguing it has allowed potentially dangerous people back out on the streets.

They have pointed to several high-profile incidents, including a serial bank robber in New York City who was released and quickly struck again. And they have allies in legislative Republicans, who hosted them at the Capitol for a rally against bail reform last week.

The Senate Democrats' new proposal would end the days of a defendant posting cash bail to secure their release from jail. For most misdemeanors and non-violent felonies, those charged would be released as they await trial.

But for violent felonies and some misdemeanors, judges would be able to remand people, provided they follow a set of guidelines.

Judges would also get discretion in cases that result in a death and with certain domestic violence and hate crimes, according to Senate Democrats.

Senate Democrats did not make available specific bill language for their proposal Wednesday. But Stewart-Cousins said "almost all misdemeanors and non-violent felonies" would not be eligible for remand.

The proposal was first reported by Newsday.

Plan may get pushback from advocates

Watch: Why advocates want no changes to cash bail reforms in NY
Khalil Cumberbatch, the chief strategist for New Yorkers United for Justice speaks to USA TODAY Network New York State Editor Joseph Spector on Jan. 15, 2020, on the need to keep a new law that limits cash bail in New York.

The proposal drew immediate pushback from criminal-justice reform advocates and some Assembly Democrats, dozens of whom held a rally at the state Capitol to speak out against it.

Supporters of last year's reforms argue that cash bail is an inherently unfair system that can have the effect of criminalizing poverty.

Five groups — including the Legal Aid Society and the Bronx Defenders — issued a joint statement criticizing the proposal, faulting Senate Democrats for "rolling back" reforms they championed just a few months ago.

“If enacted, this proposal would dramatically increase the number of people languishing in jail who are presumed innocent," the groups wrote. "It would create a system where even innocent people would be incarcerated with no chance of release, even if their families and friends were able to post a bond for them."

More: The reason for ending cash bail in NY: Why advocates want no changes

Assembly Speaker Carl Heastie, D-Bronx, has repeatedly said he is not inclined to roll back the bail reforms.

He has spoken about the importance of removing judicial discretion from the system, arguing it was the most effective way to ensure the state removed inherent bias from the process.

On Wednesday, Heastie said the law "has only been in effect for six weeks." He said he wants to see "real data" and "real information" about how the law is working, rather than "cherry-picked stories and sensationalized events."

"I think we also have to be very careful not to rush to do something that underscores why we took on this law in the first place, which could end up causing more people to be incarcerated pre-trial and before they've been convicted of a crime," he told reporters.

Cuomo, a Democrat, has suggested he is open to some change.

At an event Wednesday in Oswego County, Cuomo said the old bail system was "too reliant on cash."

"Let's get the facts," Cuomo said. "Let's see the data. And let's make the system better. I think that's the way forward."


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