Bail Conditions in New York

Bail Conditions in New York

When someone is arrested in New York, a judge can decide to release them before their trial under certain conditions known as “bail.” Bail is basically a promise that the defendant will return to court when they are supposed to. If they don’t show up, they lose their bail money. There are a bunch of different types of bail and conditions that can be set – let’s break it down:

Cash Bail

This is probably what most people think of when they hear “bail.” The judge sets a dollar amount, and the defendant has to pay that amount to get out of jail. If they show up to court, they get the money back at the end of the case. If they miss court, they lose the money. Cash bail is basically like a security deposit you put down to make sure you don’t skip town.

Cash bail is controversial because it means poor people often get stuck in jail pretrial while rich people can just buy their way out. That’s why New York reformed its bail laws in 2019 to reduce cash bail for minor crimes. More on that later!

Bond

With a bond, the defendant doesn’t have to put up the full bail amount. Instead they pay a bail bondsman a percentage – usually around 10% – and the bondsman puts up the full amount. At the end of the case, the bondsman gets the full bail amount back from the court and keeps the percentage the defendant paid. If the defendant misses court, the bondsman is on the hook for the full bail amount.

One common type of bond is a surety bond – that’s when the bail bondsman is backed by an insurance company. Bail bondsman have to be licensed by the state.

Partially Secured Bond

This is kind of a hybrid of cash bail and bond. The defendant puts up part of the full bail amount themselves as a cash deposit. Then they pay a bail bondsman a percentage fee to put up the rest. It’s kind of like putting 20% down on a house and getting a mortgage for the rest.

Unsecured Bond

With an unsecured bond, the defendant doesn’t have to put up any money or collateral. They just sign a promise that they’ll pay the full bail amount if they miss court. The judge has to trust them at their word – hence “unsecured.”

Non-Monetary Conditions

Instead of bail, a judge can release someone with non-monetary conditions like:

• Electronic monitoring (ankle bracelet)
• Curfew
• Drug testing
• Mandatory check-ins
• Travel restrictions
• Staying in a halfway house

These allow the court to keep tabs on the defendant without locking them up or making them pay money.

Release on Own Recognizance (ROR)

Judges can also just release defendants with no bail and no conditions. This is called ROR or release on own recognizance. The judge trusts the defendant to come back to court voluntarily.

Bail Reform in New York

In 2019, New York State passed a law reforming its bail system. The big change was eliminating cash bail for most misdemeanors and non-violent felonies. Now judges can’t set cash bail for those minor crimes – they have to use non-monetary conditions instead.

The idea was to keep poor people from getting stuck in jail for small-time offenses just because they’re poor. But some people have argued the reform went too far and New York has rolled back parts of it since.

Public Safety vs. Presumption of Innocence

Bail reform debates tend to boil down to a tradeoff between public safety and civil liberties. When someone is accused but not convicted of a crime, do we treat them like they’re innocent until proven guilty? Or do we lock them up if we think they could be dangerous?

Opponents of reform say judges should consider public safety when setting bail. But reformers argue that goes against the presumption of innocence – we can’t punish people preemptively before they’re convicted.

There are good-faith arguments on both sides. Perhaps judges could be given more discretion to weigh public safety in some cases, while still reducing excessive pretrial detention overall?

The Future of Bail Reform

Bail reform is still evolving in New York and it remains controversial. The debate will likely continue playing out in the state legislature for years to come. Both sides make important points about balancing public safety, racial justice, and civil liberties.

There are also ideas out there like abolishing cash bail altogether, using risk assessment tools to help judges, or having more robust pretrial services to monitor defendants in the community. Lots of options on the table!

At the end of the day, the bail system involves incredibly high stakes. People’s lives can be ruined by even a few days in jail pretrial. But crime victims also deserve consideration. There are no easy answers, which is why thoughtful reform is so important but so difficult.