Stop S3579A and A9955 – Extreme Bail Reform in New York
Bail reform has sputtered in New York for years.
The reason is simple – New York already has a functioning reformed bail system. New York’s system is already a reasonable balance of accountability – with judges exercising their judicial discretion to release without bail first-time offenders and low-level misdemeanors. Many of the other issues that underpin the bail reform debate have already been handled in New York.
Enter S3579A, the “Bail Elimination Act of 2018” and A9955, “Securing Orders and Release on non-monetary conditions.”
“ In our society, liberty is the norm and detention the carefully limited exception,” according to the U.S. Supreme Court. S3579A expands the use of preventative detention in New York—which is caging human beings by denying unconvicted defendants the right to bail because we label them dangerous.
New York has rejected this notion for a generation because New Yorkers know that giving the government the power to deny the right to bail would be abused.
TAKE ACTION NEW YORKERS...
STOP New York Bail Reform - Keep Our Communities Safe!
New York State’s dangerous new "bail reform” law will eliminate bail for people charged with dozens of serious crimes, such as criminally negligent homicide, certain hate crimes, stalking and strangulation, and aggravated assault on a child.
These new laws will put law enforcement, victims of crime, and small businesses at risk by forcing judges to release dangerous offenders back on the streets without having to post bail and be held accountable.
Some of the offenses that will now require free release include...
• Burglary in the second degree (residential burglary)
• Robbery in the second degree (aided by another person)
• Manslaughter in the second degree
• Criminally negligent homicide
• Aggravated vehicular homicide
• Vehicular manslaughter in the first and second degrees
• Aggravated vehicular assault
• Aggravated assault upon a person less than eleven years old
• Criminal possession of a weapon on school grounds
• Criminal possession of a firearm
• Criminal sale of a firearm to a minor
• Criminal sale of a controlled substance in the first and second degrees
• Criminal sale of a controlled substance in or near school grounds
• Use of a child to commit a controlled substance offense
• Criminal sale of a controlled substance to a child
• Promoting an obscene sexual performance by a child
• Possessing an obscene sexual performance by a child
• Promoting a sexual performance by a child
• Aggravated cruelty to animals
• Unlawful imprisonment in the first degree
• Money laundering in support of terrorism in the third and fourth degrees
• Making a terroristic threat
• Aggravated harassment in the first degree
• And many others!
bipartisan bill (Senate Bill 6861) has already been introduced to prevent a crime epidemic. It aims to restrain “defendants who pose a threat to public safety, to allow greater judicial discretion in setting a securing order with respect to a defendant’s prior felony convictions, failure to make an appearance in court or subsequent arrests while awaiting trial.”
https://nypost.com/2020/01/05/ny-lawmakers-face-wave-of-voter-anger-on-botched-criminal-justice-reforms/
Voters will be equally stunned to discover that changes in the pretrial discovery procedures now allow defendants to demand detailed personal information on victims and witnesses’ identities, including photos, home addresses and electronic records.
Imagine a victim of a burglary is forced to turn over pictures of the inside of a home, cellphone numbers and data to a defendant while that same defendant is likely out on the street under the drastically loosened new bail rules. Or a witness to a crime is forced to give up his or her identity and personal information even before a trial has begun. This is a dangerous prescription for terrorizing victims and witnesses, suppressing justice and rewarding criminals.
Alas, so far there is no matching bill in the even harder-left Assembly to confront and eliminate the flaws in this “bail-reform” legislation. Albany-area Assemblyman Angelo Santabarbara has indicated he will be introducing such a proposal as the Legislature returns to work this year, but the progressive ideologues will surely seek to kill it quickly.
___________________________________________________________________________ A message from a NY State Trooper.
"Today I put on my uniform as I do everyday and headed off to work to serve and protect the community that I love. However today is different. Today I am disheartened. I am disheartened because as of midnight tonight we have to turn the keys over to the inmates and we as Police Officers are handcuffed. Starting at midnight, when you call the Police and someone is arrested all of your information has to be given to the Defendant, your name, date of birth, address, email and your statements. That Defendant will have the right to come back to your house and revisit the crime scene and take photos for his defense.
Appearance tickets will be issued when a drunk driver causes an accident and kills your loved one, A sex offender who failed to register, aggravated assault less then 11 years old even if its a hate crime, possession of a weapon on school grounds, promoting a sexual performance by a child, public lewdness just to name a few, will be issued an appearance ticket and out the door they will go. Thousands of inmates state wide will be set free from the jails and free to re offend with gift cards and Mets tickets in hand."
These are the NY State Sponsors of this bill:
NYS Senate-D
Michael Gianaris
Co-sponsors 25:
Legislative- D
Alcantara
Bailey
Benjamin
Breslin
Comrie
Dilan
Hamilton
Kavanagh
Krueger
Montgomery
Parker
Peralta
Rivera
Sepulveda
Serrano
___________________________________
New York is set to roll back cash bailsignificantly. Starting Jan. 1, those charged with most misdemeanors and Class E felonies will no longer face having to put up cash or bond to be released from jail while awaiting trial.
#NYbailreformfails
NEW YORK (CBSNewYork) — In a stunning development, the powerful head of the New York State Senate tells CBS2 she’s ready to consider changes to the state’s controversial new criminal justice reform laws.
With the rise of hate crimes, she’s not the only one.
In the three days since New York’s criminal justice reform law took effect, people charged with committing anti-Semitic hate crimes have made headlines because, under the law, judges freed them without bail.
In April 2019, New York State passed sweeping criminal justice legislation, strictly curtailing the use of cash bailand pretrial detention, overhauling rules governing the sharing of evidence, and strengthening measures intended to ensure a defendant's right to a speedy trial.Apr 5, 2019
Bail agents abused their power; judges set money bail that people couldn't afford to pay. By the 1960s, advocates were pointing to studies showing that assigning bail was unnecessary: The vast majority of people would return to court if released without paying money bail.Oct 17, 2018
New York’s Bail Reform Law: Major Components and Implications
In April 2019, New York State passed sweeping criminal justice legislation, strictly curtailing the use of cash bail and pretrial detention, overhauling rules governing the sharing of evidence, and strengthening measures intended to ensure a defendant's right to a speedy trial. The measures go into effect in January 2020. These analyses (summary and comprehensive) explore the potential implications of the reforms to the use of bail.
https://youtu.be/67dCyR4Ysho
Key Findings
- In New York City, 43 percent of the almost 5,000 people detained pretrial on April 1, 2019 would have been released under the new legislation. Outside of New York City, the effects could be even greater.
- Of the almost 205,000 criminal cases arraigned in New York City in 2018, only 10 percent would have been eligible for money bail under the new law.
Bail Reform and Domestic Violence in New York
Effective January 2020, as part of a series of measures to promote fairnessand due process in the criminal justice system, New York State has passed reforms eliminating money bail and pretrial detention for nearly all misdemeanors and non-violent felonies.
These analyses (summary and comprehensive) explain several important provisions intended to protect victims of domestic violence and use data from New York City to explore the reforms’ potential implications in such cases. Among the notable findings is an expected pronounced gap in the number of domestic violence cases eligible for bail as compared to the smaller number of eligible cases not involving domestic violence.
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