New York City has been discussing changes to bail requirements for low level offenders. Many non-felony offenders are held in custody due to their inability to post bail. In many cases they are unable to post a low bail of $500. According to statistics provided by Human Rights Watch, nine out of ten defendants in 2008 were unable to post bail set at $1,000 or less.
New York City has been discussing changes to bail requirements for low level offenders. Many non-felony offenders are held in custody due to their inability to post bail. In many cases they are unable to post a low bail of $500. According to statistics provided by Human Rights Watch, nine out of ten defendants in 2008 were unable to post bail set at $1,000 or less.
Those in favor of the bail reform argue that the city could be reducing congestion in its detention centers and saving money that could be allotted to other public services. Annually, the city spends $570 million on pretrial detention. Those in support of reform also believe that the new program would create fairness for those at poverty level who wait in jail for lengthy periods of time due to their inability to pay even a small amount of bail. Others express concerns that allowing offenders to escape pretrial detention could result in adverse consequences, such as the possibility that they will commit a violent act.
New York Chief Justice Jonathan Lippman originally proposed a bail reform program in 2013. Currently, in New York, a judge is not permitted to consider a defendant’s danger to the community when determining how much bail to set for a defendant. Under the reformed bail plan, a judge would be allowed to consider the safety of the public, in addition to flight risk potential for a low level offender to determine whether, and how much, bail should be set for a defendant.
Thirty-three states have set up alternative programs for supervising defendants in lieu of pretrial detention. For example, one county in Illinois found that ankle bracelet tracking proved to be a cost effective and efficient way to ensure community safety and the defendant’s return to court. Additionally, The District of Columbia does not have a bond system in place but instead conducts detainment hearings for those who are dangerous and pose a flight risk. According to the statistics, 90 percent of those released in the municipality are not rearrested.
Other lawmakers argue that posting bail should be made easier and a website accepting credit card payments could allow families to contribute.
Mayor de Blasio announced that New York City’s program would include daily check-ins, counseling, and text message alerts. It will cost $17.8 million to set up which will be funded by assets seized by the Manhattan District Attorney’s Office, as well as city funds.
If you have been charged with a criminal offense, you have a right to consult with an attorney immediately to ensure that your rights are protected. Contact the criminal defense attorneys at the Law Office of McGuire & Pelaez, P.C. today at (631) 348-1702.
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