Changes to Bail Law Projected to Increase NYC's Pretrial Jail Population, New Report Says
Even though it's been amended, New York's bail law will still sharply cut down on pretrial detention compared to the pre-reform era, the report says.
May 15, 2020 at 05:25 PM
3 minute read
Photo: sakhorn/Shutterstock.com
A trimmed-back bail reform law is projected to increase New York City's pretrial jail population by about 16%, according to a new report from the Center for Court Innovation.
Even though it's been amended, New York's bail law will still sharply cut down on pretrial detention compared to the pre-reform era, the report says.
"Putting to one side (for now) the emergency COVID-19 population reductions, we project the April 2020 amendments will increase the city's pretrial jail population by approximately 15 to 16% relative to the new baseline of 3,000," according to the report.
Earlier this year, through a budget deal, New York lawmakers green-lighted changes to a landmark bail reform law that eliminated cash bail for most low-level and nonviolent felony cases. The changes came only a few months after the bail law went into effect.
The amendments to the bail law added a string of crimes to the list of bail-eligible offenses. Those crimes included aggravated vehicular assault and grand larceny in the first degree.
Under the changes, the ability to set bail also extended to crimes that have caused the death of another person. The bill also afforded judges more power to set bail on repeat offenders.
Supporters of the original bail reform law argued the old system was unfair to poor people, leaving them to languish in pretrial detention if they could not pay bail.
Prosecutors and law enforcement officials lambasted the bail reform law, saying it jeopardized public safety and did not provide enough judicial discretion.
The amended bail law will go into effect this summer, according to the report from the Center for Court Innovation.
The amended law, according to the report, also specified additional non-monetary conditions that might be imposed pretrial.
Court data analyzed by the nonprofit think tank showed that about 88% of New York City criminal arraignments would not have been eligible for remand or bail, if the original bail reform law was in effect in 2019.
That metric drops to about 84% with this year's trims to the bail law, according to the report.
"The amendments still allow for an estimated 30% reduction in the city's jail population when compared to the absence of any reform," according to the report.
Overall, recent data from the state's Division of Criminal Justice Services shows that jail populations statewide have plummeted in the last year. There was a 44% drop in the state's total jail population from April 2019 to April 2020, according to the state figures.
READ MORE:
Cuomo, Prosecutors, Meet Over Bail Reform, but No Deal Is Reported
'Wait to See': Uncertainty Remains on Bail Reform as Cuomo, NY Lawmakers Talk Budget
New York Bail Reform Status Up in the Air as Lawmakers Face Budget Deadline
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