The state’s new bail laws aren’t even a week old, but recent anti-Semitic assaults in Brooklyn and the stabbing of Hasidic worshipers in Monsey have led several top lawmakers to consider modifications so those accused of hate crimes would be eligible to be held on bail.
Just before the laws went into effect on January 1, Tiffany Harris was arrested for allegedly assaulting three Orthodox Jews in Brooklyn. She was released on her own recognizance, but was arrested a day later and accused of punching a woman on Eastern Parkway. Harris was then released with supervision but was rearrested days later.
The law does not consider Harris’s alleged assaults to be violent felonies, eligible for bail. However, the man accused of stabbing five Hasidic men in Monsey was held on $5 million bail and is also charged with federal hate crimes.
Governor Andrew Cuomo and Senate Majority Leader Andrea Stewart-Cousins have both suggested they’d support modifying the new law to account for hate crimes. Speaking to the Association for a Better New York on Monday, Cuomo called anti-Semitism and hate “the most frightening issue that keeps me up at night.”
Rich Azzopardi, a senior advisor to the governor, elaborated, saying, “The system’s reforms are no doubt a work in progress which we will be discussing this session." Defending the overall reforms, he added: “The law went into legal effect only days ago to fix a broken justice system which favored the rich and criminalized poverty by incarcerating those awaiting trial based on whether or not you can afford to pay bail.”
State Senator Michael Gianaris of Queens, one of the chief architects of the new bail reforms, told reporters on Monday that he’s open to discussing changes.
“Everyone is obviously concerned about the severity of hate crimes and the outbreak of hate crimes,” he said, adding that he recently visited Monsey and is “very, very sensitive” to the issue of hate.
“I expect that this conversation will be one that unfolds over the next several weeks, and we will do what’s appropriate to keep everybody safe and to also keep the system fair,” he added.
Gianaris emphasized that wealthy people accused of serious crimes have always been released because they have the money to pay bail. He singled out Hollywood producer Harvey Weinstein, whose sexual assault trial started Monday in Manhattan, and said despite complaints from critics of the bail laws, “I have not heard a peep from them about how an accused rapist is sitting in the community waiting for his trial.”
The state senator also cautioned against a rush to judgment on the new bail laws until there's data to show whether they are safe and fair.
Khalil Cumberbatch, who was formerly incarcerated and is now chief strategist for New Yorkers United for Justice, echoed that point. His organization has said it has invested $2 million dollars so far in a public education campaign around the new laws.
“It is now officially six days into the new reform and undoubtedly we are watching all in horror and disgust at the some of the disturbing incidences that have happened to our Jewish brothers and sisters in their community,” Cumberbatch said. “But those crimes have unfortunately been weaponized to focus on the pre-trial reforms that have happened in a way that is all too often is misleading or full of mistruths.”
The new bail law has become a political football, with Democrats who supported it on the defense. In addition to the anti-Semitic incidents, individuals charged with other serious offenses were released in recent days because they could not be held on bail. A driver accused of a hit and run in Rockland County was released, and then taken into custody by immigration officials.
Nassau County officials voiced misgivings after individuals released without bail were rearrested.
“Democrats have abandoned crime victims, law enforcement, and the public in favor of criminals,” said Senate Republican Leader John Flanagan, who represents central Long Island.
Democrats have responded to these criticisms by striking a more moderate tone.
“There have been some individuals who unfortunately have been released under the new bail reform,” said Attorney General Letitia James, a Democrat, over the weekend. “As a result of that, it’s critically important the legislature take into consideration that safety should be the first priority,” she added, indicating support for revisions to the law so judges should have more discretion.
Nick Langworthy, the state Republican Party chair, said, “It’s no surprise we’re seeing a swift and sweeping outrage,” and added that Democrats are now seeing the intensity of voters’ anger, and are fearing for their political careers. He called on them to “repeal this disastrous law right now and start over.”
In addition to giving judges more discretion, various politicians and law enforcement officials have called for making certain crimes that are considered nonviolent under the law eligible once again for bail. Senator Todd Kaminsky, a Long Island Democrat, is proposing to let judges set bail for people charged with misdemeanor sex offenses, including public lewdness and endangering the welfare of a child.
Mayor Bill de Blasio has also called for legislation allowing judges to consider a defendant’s potential danger when deciding whether to release someone. In New Jersey, which implemented bail reforms three years ago, judges can consider whether someone poses an unacceptable flight risk or a danger to their community.
But bail reform did not impose such changes in New York, where judges can only consider whether the defendant is likely to return to court when setting bail, as well as new pre-trial release conditions.
Republican State Senators Patrick Gallivan and Sue Serino introduced legislation in November that would let judges consider whether a defendant poses a current physical danger to the safety of any crime victim.
However, criminal defense attorneys argue that algorithms based on a potential danger could disproportionately impact people of color. They also note that judges can set bail on defendants who are charged with new felonies while awaiting trial, or who persistently and willfully fail to attend their court appearances.
New York allows judges to release defendants with supervision, which can include meeting with caseworkers a few times a month. New York City’s supervised release program also encourages defendants to attend counseling and take advantage of social services, but those are voluntary incentives and cannot be mandated pre-trial.
