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A2 UP FRONT
Wednesday 23 March 2022

Don’t blame bail reform for higher crime, NYC watchdog says

From Front back bail reforms, which detention, and allowing
were enacted as part of police to arrest repeat of-
By MICHAEL R. SISAK an effort to address the fenders for low-level crimes
Associated Press inequity of poor people that would otherwise war-
NEW YORK (AP) — Two being jailed because they rant an appearance ticket.
years ago, New York joined couldn’t afford bail, while Right now, New York is
a growing number of states wealthier people accused unusual among states in
scaling back the use of of the same crimes went that it requires judges to
cash bail for criminal de- free. “We think it’s impor- decide whether to hold a
fendants. Ever since then, tant that policy making criminal defendant primar-
critics of the reforms have follows facts rather than ily based on whether they
warned it would lead to fear,” Lander, a Democrat, are likely to return to court
dangerous people being told The Associated Press. if released. Other states let
released to commit more “We wanted to take a look judges consider whether a
crimes. at the data on bail trends person might be a danger
A new report by New York In this June 16, 2015 file photo, the casket bearing Kalief Browder and understand what is re- to the public.
City’s fiscal watchdog says is loaded into a hearse after his funeral service in the Bronx ally happening. The con- Criminal justice advocates
that predicted wave of re- borough of New York. Associated Press versation on bail reform welcomed bail reform as
cidivism hasn’t happened. has gotten divorced from bringing overdue fairness to
While far more people are took effect, according to tion of the people released that data.” New York was a two-tiered system where
being diverted from jail the analysis by City Comp- while awaiting trial — less among the first states to people accused of low-
while awaiting trial, the troller Brad Lander. In most than 1% — were re-arrested eliminate bail and deten- level offenses — like Kalief
percentage who get re- months, it is still right around for violent felonies. tion for most nonviolent Browder, a 16-year-old ac-
arrested for new offenses 4%. The report’s release comes crimes, following a half- cused of robbing a man
remained virtually un- Both before and after the as some New York officials dozen states, including of a bag — languished in
changed after the reforms reforms, only a small frac- have considered rolling New Jersey and Nebraska, jail, unable to afford small
that passed laws establish- amounts of bail while
ing a presumption of re- wealthy defendants were
lease and nonmonetary able to secure release.
bail. New York eliminated Browder spent three years
bail for many nonviolent at New York City’s notorious
felonies and required ap- Rikers Island jail complex —
pearance tickets instead of including nearly two years
arrests for low-level offens- in solitary confinement —
es. The changes kicked in before the charges were
months before the corona- dropped. He later killed
virus pandemic led to wide- himself. Washington, D.C.,
spread shutdowns, which pioneered the end of cash
were followed in some bail in 1992. Maine passed
places by an increase in similar legislation last year
shootings. Lately, a number for nonviolent misdemean-
of headline-grabbing vio- ors and violations. An Illinois
lent crimes in New York City law eliminating cash bail
have given momentum to and setting strict rules for
bail reform critics. In recent ordering detention goes
days, Gov. Kathy Hochul’s into effect in January 2023.
administration has circulat- California’s 2018 law
ed a draft plan that would eliminating cash bail was
make more crimes eligible blocked from taking ef-
for detention and give fect by a 2020 referendum
judges broader latitude in backed by the state’s bail
setting bail. bond industry, and cash
The plan, first reported last bail remains in effect in
week by the New York Post, the nation’s most populous
calls for allowing judges state. Utah passed reforms
to consider a defendant’s in October 2020 meant to
criminal history and use of reduce reliance on cash
firearms when setting bail, bail, but repealed them
making certain gun crimes months later after some
and attacks on subway rid- lawmakers and sheriffs
ers and workers eligible for protested.q