Bail Reform

On January 1st, 2020, Bail Reform took effect. The legislative intent behind bail reform was to address the severe racial and economic disparities amongst criminal defendants as well as reduce recidivism rates. Under bail reform, anyone charged with a crime in New York must be released on their own recognizance unless charged with a “qualifying offense.” If you are charged with a “qualifying offense” a Judge may set cash bail or set a non-monetary bail condition. A non-monetary bail condition simply means a defendant is released from custody with a condition. If a defendant does not strictly adhere to the condition, a Judge may immediately revoke a defendant’s release status and set cash.

A Judge can set any condition deemed reasonable so long as the condition does not incur a cost to the defendant. Examples of non-monetary bail conditions are GPS/electronic monitoring, supervision by a pretrial service agency, restrictions on travel, or attending programs. These conditions may be ordered singularly or in combination. A qualifying offense includes all violent felonies, all sex offenses, as well as non-violent felonies such as grand larceny in the first degree, criminal possession of a controlled substance 1st degree, criminal sale of a controlled substance 1st degree, misdemeanor assault against a child or the elderly, violation of a court order, and any crime between intimate partners or family members.

A crime between intimate partners or family members is considered domestic violence and cash bail may be set. Although there has been a great deal of criticism behind bail reform, there is no evidence of a correlation between bail reform and rising crime rates.