New NY Law Eliminates Cash Bail For Many Violent Crimes, Sex Offenses

A bail reform law passed with the state's budget eliminated bail for misdemeanors and non-violent felonies as of Jan. 1.

Albany, NY – A new law that eliminates cash bail for many violent crimes will go into effect on January 1 in New York.

Police and prosecutors now say they are unhappy about the long list of felonies included on the list of criminal offenses that will no longer result in a suspect being held on bail until trial.

"I am not gonna go through another year, where we don't do criminal justice reform," New York Governor Andrew Cuomo said during budget negotiations, according to WRGB.

Cuomo said he wanted to reduce the number of people who were held in jail awaiting trial.

But critics have called the new bail reform law overreaching and said it goes too far.

Fulton County Sheriff Richard Giardino, who spent 18 years as a judge, told WRGB there should be more qualifying offenses for bail.

"You leave for work in the morning, we arrest em’ at 7 o’clock on a raid. You get home at 6 o'clock, by the time you get issued an appearance ticket they're back out on the street,” Sheriff Giardino said.

The sheriff said that law enforcement officers are going to spend a lot of time tracking down people who fail to appear for court.

"You're going to see a large spike in people not going to court in the first six to nine months of this, then you're going to see our officers spending numerous hours, numerous days tracking people who have been bench-warranted,” he said.

The New York Police Department (NYPD) Deputy Commissioner of Intelligence and Counter-terrorism John Miller called the plan “misguided” and said that 99 percent of people who are arrested will be released under the new plan, WLNY reported.

“Everybody who gets arrested for anything except for maybe murder and attempted murder is going to be released without having to pay any bail, right at arraignment,” Deputy Commissioner Miller said.

He said the new plan eliminated any incentive for criminals not to repeat their crimes, WLNY reported.

“Before they enacted this law, 89 percent, 89 percent of people were being released at arraignment without having to pay bail anyway,” Deputy Commissioner Miller said. “Now that’s going to go to probably 99 percent, which is going to be a problem because criminals are going to know at the time they’re arrested ‘I’m not really risking going to jail, I’m not really risking anything except going through the system and coming out at the other end.'”

NYPD Chief of Department Terence Monahan agreed with his department’s counter-terrorism boss.

“You’re talking about people who can sell pounds of cocaine and walk out with no bail. Someone burglarizes your house and walks out with no bail,” Chief Monahan said. “We’re going to be facing some major issues come Jan. 1 if this doesn’t get changed.”

But the governor said he had no plans to change the new reforms because he doesn’t think a person’s freedom should hinge on whether they can afford bail, WRGB reported.

Law enforcement was furious.

“In many cases, we have lost our ability to get people off the street even for a short-term basis. Even just a cool-down period,” Saratoga County Undersheriff Richard Castle told WTEN.

Undersheriff Castle said he was most worried about low-level burglary and robbery charges, as well as the number of bench warrants that will be issued when people stop showing up for court.

“So if someone goes to your house and kicks in your front door and steals items out of your house and we catch them, they will be released. If they do it an hour later, they’ll be released again,” he explained. Also, “We’re now going to have to go find them when they don’t show up in court.”

The undersheriff complained that the bail reform legislation was passed without consulting law enforcement or prosecutors, WTEN reported.

New York Assemblyman Dan Stec said bail reform should have never been passed as part of the budget package and said the changes take away discretion from law enforcement and prosecutors.

"Their hands are tied. Instead of being able to exercise their professional experienced discretion, it's a one-size-fits-all now,” Stec said.

The District Attorneys Association of the State of New York released a list of charges that will no longer qualify a suspect to be held on bail, WTEN reported.

  • Assault in the third degree
  • Aggravated vehicular assault
  • Aggravated assault upon a person less than eleven years old
  • Criminally negligent homicide
  • Aggravated vehicular homicide
  • Manslaughter in the second degree
  • Unlawful imprisonment in the first degree
  • Coercion in the first degree
  • Arson in the third and fourth degree
  • Grand larceny in the first degree
  • Criminal possession of a weapon on school grounds or criminal possession of a firearm
  • Criminal possession of a controlled substance in the first and second degree
  • Criminal sale of a controlled substance in the first and second degree
  • Criminal sale of a controlled substance in or near school grounds
  • Specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child
  • Criminal solicitation in the first degree and criminal facilitation in the first degree
  • Money laundering in support of terrorism in the third and fourth degree
  • Making a terroristic threat
  • Patronizing a person for prostitution in a school zone
  • Promoting an obscene sexual performance by a child
  • Possessing an obscene sexual performance by a child
  • Promoting a sexual performance by a child
  • Failure to register as a sex offender
  • Obstructing governmental administration in the first and second degree
  • Obstructing governmental administration by means of a self-defense spray device
  • Bribery in the first degree
  • Bribe giving for public office
  • Bribe receiving in the first degree
  • Promoting prison contraband in the first and second degree
  • Resisting arrest
  • Hindering prosecution
  • Tampering with a juror and tampering with physical evidence
  • Aggravated harassment in the first degree
  • Directing a laser at an aircraft in the first degree
  • Criminal possession of a weapon in the fourth degree
  • Criminal sale of a firearm to a minor
  • Enterprise corruption and money laundering in the first degree
  • Aggravated cruelty to animals, overdriving, torturing and injuring animals
  • Failure to provide proper sustenance
  • Animal fighting
Comments (27)
No. 1-20
b1rd
b1rd

H_C Dumbshit, I mean @Hi_estComnDenomn

From the read, it sounds like you might want to move to New York.

Hi_estComnDenomn
Hi_estComnDenomn

LOL, @Excalibr4 look. This was the pussy I was talking about yesterday. Look at his profile picture, I made that and he wears it with pride. My Fan Club president has returned.

JBo
JBo

Nice to know that New York cares about protecting children. Good state to raise a family in. <s>

Texaslawman
Texaslawman

This is the stupidest thing I have ever heard. Just close the jails and issue everyone a ticket and let them go at the scene.

gennette
gennette

This is bullshit. Anyone who has children or even one child needs to move! The law doesn't care about protecting children!

Vodkabreakfast
Vodkabreakfast

That governor can expect an appreciative gift basket at his front door; containing kiddie porn and a brick of high grade coke. The card will read: “Dear Andrew, please accept this token of gratitude from your new associates. We couldn’t have done it without you! Xxx”

StevenF
StevenF

I wouldn't be as opposed to eliminating cash bail, if it meant most of these crimes resulted in being held WITHOUT bail. For those in the NY legislature, that means they STAY IN JAIL pending trial.

Caroparks53
Caroparks53

Thank you mr demonrat.who voted this idiot in? Demoncrats of course

unholyone
unholyone

This is what happens when you just vote for a name with a "D" after it, without know the platform. Cuomo is too busy pandering to illegal aliens, special interest groups, and hurting Trump. Maybe if he directed his AG to spend more time fixing the crowded jails, fixing the lengthy delays for trials, and streamlining the justice system, instead of persecuting Trump, NY would not have this problem. BTW, when the crime rate skyrockets, and it will, Cuomo will blame the cops for being lazy. Elections have consequences!

Raymelson
Raymelson

So what next close the jails an prisons an let the public fight to survive como should be arrested and removed from office asap these dam fools are gonna keep on till they start a civil war so stay locked loaded and ready folks it's coming

Gramercy
Gramercy

Why not just take the police out of the equation..and let EVERYONE just "do their thing" in NY?

Budman
Budman

Citation for the charges, release on ROR. No safety issues here!!

nightangel00
nightangel00

July 1st, Rule 33 started in Missouri. As a Victim Advocate, it is really frustrating to try to explain to a victim why they need to beg the court to keep an offender in jail everytime the offender wants to ask for a modification or reduction. Sometimes, this can happen 3 weeks in a row. Talk about re-victimization!!! Just when victims were starting to get some rights in the CJ process, this Pre Trial Release reform tips the scales once again back in favor of the offender.

Bulldog
Bulldog

This POS just spit in the face of every victim of child sexual abuse, rape and all other serious offenses Against Humanity! Every LEO should develop a severe case of Blue flu and find a steak where they are respected and thanked for the job they do everyday. NYC used to be a beautiful place to visit but there is no way in a hell I will ever step foot there again. For all of the families with children my heart bleeds for you because the monsters who harm children will face no consequences for any actions of any kind against your children. My heart also bleeds for all of the animals that will be used in dog fighting

61mouse
61mouse

It's just going to be PURGE every fucking day in NY

61mouse
61mouse

Making a terroristic threat so that means we can use 👌👌👌

JDS
JDS

Dirty wop just sold out every decent law-abiding citizen in NY. I hope the criminals start with him & his family.

rix is retired
rix is retired

and GUESS who the blame will be placed on, when the perp. gets out and offends even worse, the next time

.

PositiveThoughts
PositiveThoughts

Bail is not punishment nor should it be. If we have a quick and speedy trial the perp if found guilty will go to jail. Bail has never been a discouragement for crime. Career criminals have their bail money ready first thing and others aren't thinking of bail when they commit a crime. I admit many of the offenses on the list that have no bail requirement are troubling and I wonder what the rational is for those.

b1rd
b1rd

Come on H_C Dumbshit,,, everyone around here knows you are the real pussy. By the way,,,, hows the boyfriend and the monkey you adopted?