New York should take its cue from Cali on bail reform
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COURIER L 30 IFE, JANUARY 17-23, 2020
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Never in a million years
did I think that I would
ever advocate emulating
policies, especially about
criminal justice, from California,
the main progressive bastion
in the country. But, adopting
their cash bail changes
would be a compromise solution
to the current stalemate
in Albany over addressing the
obvious fl aws in our recently
implemented bail reform law.
On one side is the progressive
left that says one’s ability
to pay bail should not determine
whether one stays
behind bars while awaiting
trial. Simply, wealth shouldn’t
buy freedom. Therefore, they
support no changes to the bail
reform law that began on the
fi rst of the year.
On the other side is law
enforcement, many district
attorneys, Republicans, and
even some moderate Democrats
who say that taking
away a judge’s discretion to
consider the criminal history
of a defendant and their threat
to the public is a fatal fl aw of
the law.
As former NYPD Police
Commissioner told John
Catsimatidis on his Cats
Roundtable radio show on AM
970 last week, “What the hell
were they thinking about in
Albany when they crafted this
mind-boggling set of limitations
on the criminal justice
system?” He noted that unlike
47 of the 50 states, judges can’t
take into consideration public
safety when deciding whether
to release or detain a defendant,
or set bail.
Adopting California’s law
would address the core issues
of both sides. Specifi cally, in
August, 2018 the Golden state
became the fi rst state in the
nation that passed legislation
to completely eliminate cash
bail. Instead, defendants will
either be detained or released
until their court date solely
based on a risk assessment
algorithm system. It weighs
risk to the public, likelihood
to return to court, and seriousness
of the crime. Those
charged with non-violent misdemeanors
are automatically
released.
These are common sense
considerations and would
probably fi nd support from
those seeking to roll back
the current bail reform measures.
Similarly, those refusing
to make any changes to New
York’s bail law should fi nd solace
in the words of California
Gov. Jerry Brown, a progressive
by any defi nition. When
signing the law he said, “Today,
California reforms its
bail system so that rich and
poor alike are treated fairly.”
This should be music to the
ears of bail reform supporters
refusing to budge because
it addresses their main argument
of the inequality in the
cash bail system.
Therefore, they should
jump aboard also to balance
public safety with their concern
with different outcomes
on who is detained and released
depending on one’s income.
Now, it would be based
on one standard set of criteria
for all.
For the sake of innocent
New Yorkers, Albany doing
nothing is not an option. However,
it seems for the progressive
left plastic bags are a
greater threat than violent career
criminals being released
over and over again to the
streets, often before their victims
are out of the hospital.
There have already been
many examples of this happening,
including Tiffany Harris.
She already had a long rap
sheet when she was arrested
for assaulting three Orthodox
women in Crown Heights.
Harris was released within
hours and was arrested again
the very next day for assaulting
another woman. She was
released again and not surprisingly,
assaulted another
innocent New Yorker.
More recently, Eugene
Webb was released last week
under the newly imposed bail
reforms after being arrested
for assaulting a 23-year old
woman, knocking her teeth
out before assaulting another
woman. Signifi cantly, he has a
record of missing court dates.
The question begs how
many people must be literally
assaulted or worse by someone
released because of this
law before it is enough to spur
action by Democrats.
Unfortunately, most people
are only spurred when something
personally affects them.
So, when more New Yorkers
and their families are victims
of someone released on
bail there will then be enough
pressure brought to bear on
elected offi cials to act, or to
throw them out of offi ce. Indeed,
the out of control crime
and number of victims during
the Dinkins administration is
what helped elect Rudy Giuliani
as Mayor.
Or, Democrat elected offi -
cials like Assembly Speaker
Carl Heastie, who says he will
hold up any changes to the
bail reform law, could be more
personally impacted. If their
child or spouse was brutally
assaulted, like the woman
who had her teeth punched
out, would they be singing the
same tune?
Although California’s law
is now on hold until a public
referendum later this year,
mainly fueled by bail industry,
New York can pass a similar
measure today as a compromise
between bail reform
supporters and opponents.
Bob Capano has worked
for Brooklyn Republican and
Democrat elected offi cials, and
has been an adjunct Professor
of Political Science for over 15
years. Follow him on twitter @
bobcapano
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