OP ED: How Much Evidence Do Democrats Need to See Bail Reform Is a Massive Failure?

OP ED: How Much Evidence Do Democrats Need to See Bail Reform Is a Massive Failure?

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     The case against the 2019 bail reform changes gets stronger and clearer with seemingly every attempt to study their impact.
Outside the cursory eye test, where it is evident letting criminals roam the streets with near impunity is a bad idea, a recent study from the John Jay College of Criminal Justice shows a whopping 66% of individuals with a prior arrest who were detained and released in suburban and upstate counties as a result of changes in the state's bail laws went on to be re-arrested within two years. In other words, career criminals act like career criminals when there are few consequences.

   Two recent incidents further highlighted the problem. At St. John Fisher University, a suspect was arrested for attempted kidnapping and attempted sex abuse after a female victim was held at knifepoint. He posted bail and was later charged with stalking in a separate incident – but immediately released. In Suffolk County, four suspects were charged with concealing a human corpse and evidence tampering in a gruesome case where two dismembered bodies were discovered. The suspects were inexplicably allowed to go free under the state's bail laws.

    And if the data and outcry from law enforcement professionals are not enough to convince you this problem is spiraling out of control, consider Gov. Kathy Hochul's announcement to deploy 750 National Guard troops to quell subway-related crime in New York City. As reported, nearly 100 bag-screening teams will be included in the latest effort to fight the city's sprawling crime problem. No matter how you slice it, there is no way to look at what is happening in New York and think we are on the right track. The numbers speak for themselves; the incidents of dangerous individuals being turned loose on communities make it clear: these policies don't work.

    For these reasons, and many others, the Assembly Minority Conference will continue to offer proposals to address these failures. One legislative solution (A.5427, Brabenec) repeals the disastrous "reforms" of 2019 and 2020 relating to cashless bail, criminal discovery and reducing misdemeanor sentences. Another legislative proposal (A.3183, Reilly) restores the ability of judges to determine whether a violent individual poses a dangerous threat to the community and can be held without bail.

   Sadly, data, anecdotes and tragedies will continue to pile up until the Democrats do something about the misguided laws they authored. The people of New York are scared and frustrated about the state's direction. The criminal element is winning, and their toll on our state is mounting. The revolving door for criminal suspects simply does not work, and until that policy is greatly rolled back, you can expect a lot more reports like the one out of John Jay.

   If you have any questions or comments on this or any other state issue, or if you would like to be added to my mailing list or receive my newsletter, please contact my office. My office can be reached by mail at 19 Canalview Mall, Fulton, NY 13069 and by email at barclayw@nyassembly.gov. You may also find me, Assembly Minority Leader Will Barclay, on Facebook or Twitter at @WillABarclay.

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