New York Lawmakers Reach Tentative Deal to Pull Back Bail Reforms

The deal would allow judges to set bail for a greater number of offenses and make it easier to hold repeat offenders pending trial. Supporters of the original 2019 law said there was no evidence linking it to increases in violent crime.

New York Lawmakers Reach Tentative Deal to Pull Back Bail Reforms

New York State would allow judges to set bail for a greater number of offenses and make it easier to hold repeat offenders pending trial as part of a larger state budget agreement expected to be passed this week, reports the Wall Street Journal. New York would become the largest jurisdiction to make changes amid pressure from law-enforcement officials and Republicans. Judges also would be able to detain a defendant before trial for more hate crimes and crimes related to gun possession.

For bail-eligible offenses, judges must still pick “the least restrictive alternative” to ensure a defendant’s return to court, but they can consider an expanded number of factors including criminal history and whether the alleged charge “caused serious harm to an individual or group.” Supporters of the state’s 2019 bail law, which ended cash bail for most misdemeanors and nonviolent felonies, said there was no evidence linking it to subsequent increases in violent crime that accompanied the COVID-19 pandemic.