NYC to get a whole lot more interesting 2020 VOL. eliminating cash bail

ninjahood said:
backlash alert.

nypost.com

State Senate Democrats secretly meet to fix controversial bail reform law

ALBANY — State Senate Democrats have been meeting behind closed doors seeking to amend the state’s controversial new bail law, following intense backlash over the changes that went into effec…
nypost.com nypost.com


METRO

State Senate Democrats secretly meet to fix controversial bail reform law
By Bernadette Hogan
February 12, 2020 | 11:20am | Updated


Andrew Cuomo

Andrew CuomoStephen Yang

ALBANY — State Senate Democrats have been meeting behind closed doors seeking to amend the state’s controversial new bail law, following intense backlash over the changes that went into effect on Jan. 1, it was revealed Wednesday.
A group of eight senators backed by Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) have come up with a plan to return judges’ leeway to hold suspects before trial, as first reported by Newsday.
The proposal would entirely eliminate cash bail and give judges the power to exercise discretion in serious cases such as domestic violence or hate crimes, as well as cases in which someone is killed.
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Gov. Andrew Cuomo championed the idea, adding that the measure mirrors his 2019 state budget proposal.
“Let’s take money out of the cash bail system,” Cuomo said early Wednesday on Long Island News Radio.


“Just eliminate cash bail totally, but have a check in the system where the judge can use discretion where they make sure public safety … is protected.”
“That’s my original plan I put forth last year.”
“I’m saying the discretion should not be based on how much money [defendants] have in their pocket,” he added.
State Sen. Todd Kaminsky (D-Long Beach) told The Post on Wednesday he’s been part of these closed-door discussions along with Deputy Majority Leader Michael Gianaris (D-Queens) and Sens. Zellnor Myrie (D-Brooklyn), Luis Sepulveda (D-Bronx), Jamaal Bailey (D-Bronx), Brian Benjamin (D-Manhattan), Jim Gaughran (D-Suffolk) and Jen Metzger (D-Ulster).
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“This system builds in more discretion for judges while making sure if they want to remand someone, that there will be a really compelling reason to do so,” he said in a phone interview.
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“We have really been trying to listen to all sides. We’ve listened to the prosecutors and the officers on the front lines who have been telling us what they’ve been seeing.”
Lawmakers started feeling pressure from law enforcement and constituents following a series of high-profile cases in which judges could not set bail due to changes to the penal code made last session.
The criminal justice changes included eliminating cash bail for most misdemeanors and nonviolent felonies. The changes also reduced the timeline for prosecutors to produce and share pretrial “discovery” evidence with the defense. District attorneys and law enforcement officers have decried the changes, arguing there’s not enough time to comply and no additional funding for system upgrades or to hire additional personnel.
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New York voters have also slammed the policy changes, with 49 percent calling the bail reform a bad idea compared to 37 percent in support, according to results from a Siena poll last month.
Meanwhile, a growing hurdle to adjusting the reforms has come from the state Assembly, with Speaker Carl Heastie (D-Bronx) saying he is not interested in making any changes to the new law.
“Right now, it seems when the sun doesn’t come up, everyone wants to blame the bail law,” Heastie said last week.
His top aides began holding “informational” briefings for Assembly Democrats seeking more clarity on the law, as well as those who have introduced their own legislation seeking tweaks.
Heastie’s office did not immediately respond to requests for comment
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If you know active criminals you'd know this is being sensationalized, not too many people are being cut loose with no bail.
 
Raji Lowenthal said:
If you know active criminals you'd know this is being sensationalized, not too many people are being cut loose with no bail.
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900 were released retroactively.
This does not include whoever was arrested and released from Jan 1st to present.
 
www-wsj-com.cdn.ampproject.org

Opinion | The ‘No Bail’ Fiasco in New York
By The Editorial Board

4-5 minutes



Crime is breaking out again amid a get-out-of-jail-free law.

You know New York has a problem when even Mayor Bill de Blasio admits it. On Thursday the New York Police Department held a press conference to report that major crime is up 22.5% this February over a year ago. Both the cops and the mayor attribute the spike to the bail reform pushed through the state Legislature in Albany last year, which is releasing people who have been arrested for one crime to go out and commit another.

“There’s a direct correlation to a change in the law, and we need to address it, and we will address...
You know New York has a problem when even Mayor Bill de Blasio admits it. On Thursday the New York Police Department held a press conference to report that major crime is up 22.5% this February over a year ago. Both the cops and the mayor attribute the spike to the bail reform pushed through the state Legislature in Albany last year, which is releasing people who have been arrested for one crime to go out and commit another.

“There’s a direct correlation to a change in the law, and we need to address it, and we will address it,” Mr. de Blasio said of the increase in crime. The mayor also said he was “absolutely confident” it will be addressed in Albany in the budget due April 1.

The Democratic Legislature, with the backing of both Mr. de Blasio and Gov. Andrew Cuomo, ended cash bail last year. The goal was to prevent cases such as that of Kalief Browder, a 16-year-old charged with stealing a backpack. Because his family could not afford bail he spent three years in prison on Rikers Island—much of it in solitary—without being tried or convicted of a crime. After his release, he ultimately committed suicide.

The sensible part of bail reform was aimed at preventing injustices such as this one. The non-sensible part was to deprive judges of the discretion to keep behind bars criminals who remain a menace to the community.

The law went into effect on Jan. 1, and the NYPD numbers are sobering: “In the first 58 days of 2020, 482 individuals who had already been arrested for committing a serious (felony) crime such as robbery or burglary were rearrested for committing an additional 846 crimes. Thirty-five percent, or 299, were for arrests in the seven major crime categories—murder, rape, robbery, felony assault, burglary, grand larceny and grand larceny auto—that is nearly triple the amount of those crimes committed in the same 58 days in 2019.”

Police Commissioner Dermot Shea underscored the main point: “Each number represents a victim.”

Some on the political left, including a coalition of public defenders, claim the cops are deliberately manipulating the figures as “scare tactics.” Ditto for Assembly Speaker Carl Heastie, who is blaming the New York Post, which refuses to take dictation from the city’s progressive powers. Mayor de Blasio is having none of it. “They’re wrong,” he says.

Another crime problem that Mr. de Blasio doesn’t acknowledge is the explosion of minor offenses since the City Council decriminalized such antisocial behavior as urinating in public, smoking marijuana in public, and turnstile jumping on the subways. This creates a culture of tolerance for lawlessness that the bail reform has compounded.

Polls show support for the bail reform dropping fast, and New York’s chief judge says it is the only state in which judges do not have the ability to consider whether a defendant poses a credible risk of danger before releasing him. There is a simple fix that would take care of the biggest problem: Give judges the ability to weigh this risk before letting people out. If Albany doesn’t fix this, we hope the voters run them all out office.
 
If we saw a 22% rise in February just imagine what the summer will look like.

It's going to be a hot summer.
 
GTA 809 said:
If we saw a 22% rise in February just imagine what the summer will look like.

It's going to be a hot summer.
Click to expand...

super hot. I heard auto theft is up something crazy too.

rest in peace if you drive a Honda or Acura product in da hood lol
 
It's not like you never have to answer for your crimes. I think that's what's being purposely misinformed, on top of the whole crime is up narrative
 
brogods said:
It's not like you never have to answer for your crimes. I think that's what's being purposely misinformed, on top of the whole crime is up narrative
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Discover package laws are also effected.
Prosecutors have to submit all discovery packages 15 days after arraignment.
Anything after that is not submissible in court.

Now do I think prosecutors adding evidence literally the night before a trial is ok? No. But just like the rest of this law the pendulum swings all the way to the other extreme instead of a fair common sense middle.

A witness was killed recently but "they" insist it was just a coincidence.
 
Yeah I hate to say it because reforms are definitely needed but its looking like they drop the ball with this one.

And there's going to be a lot of easy targets with the sense of security that has been built up over the years.
 
GTA 809 said:
If we saw a 22% rise in February just imagine what the summer will look like.

It's going to be a hot summer.
Click to expand...

These *******s better figure it out before the summer because by then it’s gonna be the tourist who are Targeted as much as the locals
 
I be using the trains with size runs of sneakers on me. Ain’t notice any of this y’all are talking about
 
Guccishades said:
I be using the trains with size runs of sneakers on me. Ain’t notice any of this y’all are talking about
Click to expand...

cuz you don't go anywhere, we just had a conversation last week about transit and u said if its not a major shopping district you got no business being around there.
 
ninjahood said:
cuz you don't go anywhere, we just had a conversation last week about transit and u said if its not a major shopping district you got no business being around there.
Click to expand...
I don’t go to bubble**** areas for no reason. That doesn’t mean I don’t go anywhere lol
 
www.cityandstateny.com

How New York changed its bail law

State lawmakers avoided major changes to the 2019 bail legislation, but they did add more bail-eligible offenses in the state budget.
www.cityandstateny.com www.cityandstateny.com

Revisions made on last year's bail reform law. Glad common sense prevailed. My only complaint is that as always, everything is done behind the curtain, and they're trying to sneak this in a budget bill while everyone is focused on COVID.
BE TRANSPARENT!!

TLDR
These are the crimes that a year ago would have given you a desk ticket. This year it will land you in jail (with possible bail).

  1. Burglary in the second degree (felony) when charged with entering the living area of a home
  2. Sex trafficking or sex trafficking of a child (felonies)
  3. Money laundering in support of terrorism in the third or fourth degree (felonies)
  4. Promoting an obscene sexual performance by a child (felony)
  5. Any crime that is alleged to have caused the death of another person
  6. Criminal obstruction of breathing or blood circulation (misdemeanor), strangulation in the second degree (felony) or unlawful imprisonment in the first degree (felony) when committed against a member of the defendant’s family or household
  7. Vehicular assault in the first degree and aggravated vehicular assault (felonies)
  8. Assault in the third degree (misdemeanor) and arson in the third degree (felony) when charged as a hate crime
  9. Aggravated assault upon a person less than 11 years old and criminal possession of a weapon on school grounds (felonies)
  10. Grand larceny in the first degree, enterprise corruption and money laundering in the first degree (felonies)
  11. Failure to register as a sex offender (felony) or endangering the welfare of a child (misdemeanor) when one is designated a level three sex offender
  12. Bail jumping in the third (misdemeanor), second (felony) or first degree (felony) or escape in the third (misdemeanor), second (felony) or first degree (felony)
  13. Any felony offense committed while serving a sentence of probation or while released to post-release supervision
  14. Any felony committed by a “persistent felony offender”
  15. Any felony or class A misdemeanor involving harm to an identifiable person or property committed while charges are pending on another felony or class A misdemeanor involving harm to an identifiable person or property
 
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