Image Prepared by and Courtesy of the Office of the Queens District Attorney
On January 1, 2020, the people charged with crimes included in the list of criminal offenses no longer requiring bail for release, will walk out the doors of Rikers Island. The above graphic map is designed to show where they committed the crimes they are charged with. Each blue pin shows the location of the crime they are currently incarcerated for.
By Samantha Geary
Effective January 1, 2020, New York State judges will no longer be able to set bail on, among other crimes, residential burglaries, robberies “aided by another” (both of which are classified as violent felonies), all but one of the most serious narcotics felonies, most non-violent felonies (including manslaughter in the second degree and other crimes you may consider violent) and most misdemeanors.
When these measures are implemented effectively, New York will see a minimum of a 40% reduction in the state’s pretrial jail population. Of the average daily jail population in 2018, nearly 70% in NYS were held pretrial. There has been a dramatic reduction in NYC’s jail population from the early 1980’s through 2019, dropping by about 60%. Despite the drop in NYC, across the rest of the state, populations in jail has either been steady or actually increased in either rural or suburban areas.
Based on a snapshot done by the Office of the Queens District Attorney, of the Queens Rikers population on June 6, 2019, it is estimated that the new laws would result in the release of approximately 363 inmates currently incarcerated on Rikers Island who committed crimes in Queens County. These inmates have an average of six prior felony arrests, five misdemeanor arrests, two felony convictions and six misdemeanor convictions.
Under the new bail laws, effective January 1, 2020, Judges in New York State cannot set bail on any of the following crimes (and most attempts to commit these crimes), and must release the defendant on nonmonetary conditions, regardless of criminal record, ties to the community or previous bench warrants on other cases. The list below is a partial listing of criminal charges included under the provisions of the new bail laws. The list, in its entirety was prepared by Senior Executive Assistant District Attorney James C. Quinn 11/19/19
Burglary 2° (Residential), Burglary 2 as a Hate Crime, Robbery 2° (Aided by Another) Robbery 2 as a Hate Crime, Criminal Sale of a Controlled Substance 1°, 2°, 3°, 4°and 5°, Criminal Sale of a Controlled Substance In or Near School Grounds, Assault 3°, Assault 3 as a Hate Crime, Reckless Assault of a Child by a Day Care Provider, Stalking 2°, 3°and 4° Stalking 2, 3 and 4 as a Hate Crime Vehicular Assault 1° and 2°, Aggravated Assault upon a Person less than 11 years old s a Hate Crime, Criminally Negligent Homicide, Vehicular Manslaughter 2° Aggravated Cemetery Desecration 1°and 2° , Arson 3° (intentionally damage building or vehicle by fire or explosion) Arson 4° (recklessly damage building or vehicle by fire or explosion) Arson 5° (intentionally damage property of another by fire or explosion) Arson 3°, 4° and 5° as a Hate Crime, Residential Mortgage Fraud 1°, 2°, 3°, 4° And 5°, Aggravated Identity Theft, Bail Jumping 1° (failure to appear on Class A or B Felony), Killing a police work dog or police work horse, Obstructing Emergency Medical Services, Obstructing Governmental Duties by Means of a Bomb, Harassment 1° and 2° Harassment 1° and 2° as a Hate Crime 240.30 – 240.31 Aggravated Harassment 1° and 2° Aggravated Harassment 1° and 2° as a Hate Crime, Endangering the Welfare of an Incompetent or Physically Disabled Person 1° and 2°, Endangering the Welfare of a Vulnerable Elderly Person or an Incompetent or Physically Disabled Person 1° and 2°, Promoting an Obscene Sexual Performance by a Child, Possessing an Obscene Sexual Performance by a Child, Promoting a Sexual Performance by a Child, Possessing a Sexual Performance by a Child, Criminal Possession of a Weapon 4, Criminal Possession of a Weapon on School Grounds, Money Laundering in Support of Terrorism 3° and 4°.
This list is not a complete listing of the charges outlined under the provisions of New York Bail Laws set to go into effect in a couple of weeks January 1st.
The New York State Legislature, according to whom intend the new laws as a means to end the use of monetary bail, reduce unnecessary pretrial incarceration and improve equity and fairness in the criminal justice system, and Gov. Andrew Cuomo approved the new laws as part of the budget earlier this year, making New York the latest in a number of other states seeking to reduce or eliminate cash bail over the past few years.
Critics who maintain that poor defendants remain in jail are opposed by law enforcement agencies throughout the state and those who say bail is necessary to make ensure defendants return to court and those with financial resource go free.
According to a report published by the John Jay College of Criminal Justice in September, the new laws could free 20,000 people or more from pretrial incarceration in New York. The report goes on to say that judges in New York City released about 105,000 people without bail ahead of their criminal hearings in 2018 and the number of defendants released without bail may grow to 125,000 or more in 2020 because of the new state laws.
NYPD brass has expressed serious concern about the potential impact on public safety from the new bail policies. Clearly at the heart of the issue is the opinion that mass incarceration is supported while there is also grave concern for the safety and protection of the public.
While success in similar programs has been enjoyed by other states, especially neighboring New Jersey, lawmakers are quick to point out that judges in New York have no power or authority to hold people based on concerns that they will pose a danger to the community if released. This section of the law is consistent with standing legislation in New York, which has prohibits considering dangerousness in imposing bail for more than four decades established to ensure those accused of crimes have the presumption of innocence.
