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The Impact of New York’s Bail Reform on Long Island Criminal Cases
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New York’s Bail Reform and What It Means for Long Island
New York state passed a series of bail reforms in 2019 that went into effect January 2020. The new laws aimed to reduce pretrial incarceration and address concerns about inequity in the bail system. But these changes have been controversial, especially on Long Island where some argue the reforms have fueled rises in crime rates. This article breaks down the key parts of New York’s bail reform, reactions on Long Island, and what it could all mean for criminal cases moving forward.
An Overview of The Bail Reform Laws
There were three main parts to New York’s bail reform laws:
- Eliminating cash bail for most misdemeanor and non-violent felony charges
- Requiring police to issue desk appearance tickets instead of making custodial arrests for these charges
- Allowing most defendants to be released on their own recognizance or under supervision
The idea was to move away from locking people up simply because they couldn’t afford bail. Supporters said this would make the system fairer. But critics argue the changes went too far and let dangerous people walk free to commit more crimes.
On Long Island, district attorneys and police officials have been particularly vocal about rises in certain crimes since bail reform went into effect. They put blame squarely on the new laws, claiming repeat offenders are released again and again rather than held on bail under the old rules.
Defense attorneys and reform advocates counter that crime has increased statewide, not just on Long Island. And they argue it’s fearmongering to place the blame entirely on bail reform without evidence.
What The Data Does (And Doesn’t) Say
There has been a lot of back-and-forth about what the numbers show when it comes to the impacts of bail reform in New York. Newsday analyzed crime data just for Long Island and found some increases in specific areas since the reforms kicked in:
- 8% rise in violent crime overall
- 20% jump in robberies
- 14% increase in burglaries
However, the Brennan Center analysis of statewide crime data found that while some violent crimes have increased recently, New York’s overall crime rates remain at historic lows. They argue it’s premature to place the blame on bail reform rather than other crime drivers like the pandemic and economic fallout.
Critics also point to individual cases on Long Island where defendants were released without bail and then arrested again for another offense soon after. But reform advocates say anecdotes alone don’t prove causation. And they note that crime rates were already rising statewide before bail reform passed.
So while crime is definitely up in certain areas – including parts of Long Island – the extent to which bail reform itself is fueling that trend remains up for debate based on the current data. There are reasonable arguments on both sides.
How Bail Reform Is Playing Out in Long Island Courtrooms
Behind the data debate, bail reform is having real impacts on how criminal cases play out on Long Island. With fewer defendants held on bail under the new rules, defense attorneys have more leverage negotiating plea deals and dismissals.
The reforms also mean prosecutors sometimes struggle to get key witnesses to cooperate since they can’t use bail or jail time to incentive testimony. And police feel limited in their ability to detain suspects after an arrest.
There’s also been a spike in bench warrants issued when defendants miss court dates after being released without bail. But reform advocates argue that just shows the need for better pretrial services and monitoring – not a rollback of reforms.
Defense attorneys seem mostly pleased with bail reform’s impacts in the courtroom so far. But many prosecutors and law enforcement officials want to see rollbacks, like giving judges more discretion to assign bail in cases involving repeat offenders.
There have been some tweaks to the reform laws already. And ongoing debates in Albany could lead to additional changes soon.
What Happens Next?
Bail reform in New York remains controversial and politically charged. It’s a key issue in many local elections on Long Island, with candidates divided on whether and how to amend the new laws.
And statewide debates continue around balancing public safety concerns with goals of a more equitable system. Additional amendments are possible, especially if crime rates keep rising.
But a full repeal seems unlikely given most voters statewide support the goals of reducing pretrial incarceration. So the question is more how much to walk back certain reforms rather than eliminating them altogether.
There are also growing calls to improve the data tracking around impacts of bail reform. Many lawmakers argue they can’t effectively amend the laws without better statewide statistics tying reform to crime trends.
There seems to be agreement across the board that more can be done to support defendants released under the new bail rules so they don’t miss court dates or reoffend. Funding is already flowing to things like pretrial services and text message reminders about hearings.
On Long Island, some coordination between county officials could help address hotspots where bail reform seems to be hitting hardest. For example, Nassau and Suffolk could pool resources for enhanced monitoring and outreach in communities with upticks in recidivism.
Better communication between reform supporters and critics is also needed to find common ground. There are good-faith arguments on both sides. And the path forward lies somewhere in the middle.
The bottom line is that while aspects of New York’s bail reform may well evolve going forward, the days of widespread cash bail and pretrial detention are likely over. The focus now is finding the right balance of public safety and equity. Long Island officials have a key role to play shaping what that looks like statewide.