Bail Reform in New York: What You Should Know

In 2019, New York State passed legislation that eliminated cash bail and pretrial detention for misdemeanors and nonviolent felonies. This blog summarizes everything you need to know about how these reforms changed the bail system in New York.

The Pre-Reform Bail System

Before the new reforms were implemented in 2020, judges in New York could set cash bail or hold defendants in pretrial detention for nearly all criminal charges. If someone was unable to pay the bail, they would remain incarcerated. As a result, local jails held large pretrial populations.

The 2019 Bail Reform Law

Bail reform was passed in 2019 under Section 500 of New York’s Criminal Procedure Law. The reforms were intended to reduce the number of short-term jail stays and thereby minimize disruption to a defendant’s employment and family responsibilities. The reforms were also designed to reduce the financial burden associated with bail payments.ྭ

The new law eliminated cash bail and pretrial detention for a majority of misdemeanors and nonviolent felonies. For these offenses, judges were instructed to either release defendants on their own recognizance or set non-monetary conditions (e.g. travel restrictions) designed to ensure that defendants attend future court appearances, while taking into account factors such as a defendant’s criminal history and prior failures to appear. This new system took effect on January 1, 2020.

The new bail reforms resulted in a substantial decrease in the rates of pretrial detention, causing a reduction in local jail populations.

Legislative Modifications and Clarifications

The legislature amended the bail law multiple times in 2020, 2022, and 2023. These changes expanded the list of bail-eligible offenses and clarified how judges should evaluate prior criminal history. As a result of these amendments, judges now have greater discretion in some circumstances, particularly for repeat offenses.

How Bail Works in New York Today

Under the current framework:

• Cash bail is prohibited for most misdemeanors and nonviolent felonies.

• Bail or remand is allowed for violent felonies, certain repeat offenses, and specific statutorily defined charges.

• Non-monetary conditions (e.g. supervised release programs and travel restrictions) are used to ensure that defendants return to court.

The Bottom Line

While New York’s bail reform system has sustained several modifications over the years, the main objective has remained consistent: reducing pretrial detention rates and allowing for non-monetary conditions under which defendants can be released before their next court date. This reformed system makes New York State’s criminal justice system distinct from many other states.

If you are charged with a violation, misdemeanor or felony in New York, regardless of whether it is bail eligible or not, it is still imperative to seek competent legal counsel. An experienced attorney such as LAW OFFICES OF ALAN J. SCHWARTZ. P.C. can provide you with expert guidance, protect your rights, and work to achieve the best possible outcome for your case.