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New York Will Toughen Contentious Bail Law to Give Judges More Discretion New York Will Toughen Contentious Bail Law to Give Judges More Discretion
(7 days later)
ALBANY, N.Y. — It was just four years ago that New York’s Democratic lawmakers celebrated a new law that eliminated bail for most misdemeanors and nonviolent felonies and, at the time, seemingly added a measure of new justice to a system long faulted for pre-emptively punishing the poor.ALBANY, N.Y. — It was just four years ago that New York’s Democratic lawmakers celebrated a new law that eliminated bail for most misdemeanors and nonviolent felonies and, at the time, seemingly added a measure of new justice to a system long faulted for pre-emptively punishing the poor.
On Thursday night, however, after months of grueling negotiations, Gov. Kathy Hochul announced that the state would scale back those changes — for the third time — after a sharp rebuke from New York’s voters and residents over a rise in crime.On Thursday night, however, after months of grueling negotiations, Gov. Kathy Hochul announced that the state would scale back those changes — for the third time — after a sharp rebuke from New York’s voters and residents over a rise in crime.
“It was very clear that changes need to be made,” the governor said.“It was very clear that changes need to be made,” the governor said.
The precise details are unknown — the law is still being drafted as part of the state budget that is expected to be ratified next week — but Ms. Hochul said that she and the Legislature intend to eliminate a provision that requires judges to prescribe the “least restrictive” means to ensure defendants return to court.The precise details are unknown — the law is still being drafted as part of the state budget that is expected to be ratified next week — but Ms. Hochul said that she and the Legislature intend to eliminate a provision that requires judges to prescribe the “least restrictive” means to ensure defendants return to court.
While judges will remain unable to set bail for a vast majority of misdemeanor and nonviolent charges, such a change could nonetheless have a dramatic impact, giving judges greater discretion to hold defendants — particularly repeat or serious offenders — before their trials.While judges will remain unable to set bail for a vast majority of misdemeanor and nonviolent charges, such a change could nonetheless have a dramatic impact, giving judges greater discretion to hold defendants — particularly repeat or serious offenders — before their trials.
A recent Siena College poll found overwhelming support for changes to the state’s bail laws, with more than 70 percent saying judges should have greater leeway in setting bail for defendants accused of serious crimes. Only 20 percent opposed that idea.
Some efforts to modify bail laws have been derailed even in safely Democratic states like California, where lawmakers overhauled the system in 2018 but failed to pass additional changes last year. Leniency on bail has also become an issue in several recent races for governor, including in Michigan, Colorado and Illinois, where a law ending cash bail, scheduled to take effect in January, is being challenged in the state’s Supreme Court.