New York Will Toughen Contentious Bail Law to Give Judges More Discretion
ALBANY, N.Y. — It was just four years ago that New York’s Democratic lawmakers celebrated a new law that eliminated bail for most misdemeanors and nonviolent felonies and, at the time, seemingly added a measure of new justice to a system long faulted for pre-emptively punishing the poor.
On Thursday night, however, after months of grueling negotiations, Gov. Kathy Hochul announced that the state would scale back those changes — for the third time — after a sharp rebuke from New York’s voters and residents over a rise in crime.
“It was very clear that changes need to be made,” the governor said.
The precise details are unknown — the law is still being drafted as part of the state budget that is expected to be ratified next week — but Ms. Hochul said that she and the Legislature intend to eliminate a provision that requires judges to prescribe the “least restrictive” means to ensure defendants return to court.
While judges will remain unable to set bail for a vast majority of misdemeanor and nonviolent charges, such a change could nonetheless have a dramatic impact, giving judges greater discretion to hold defendants — particularly repeat or serious offenders — before their trials.
Source: The New York Times
