
New York Gov. Andrew Cuomo is proposing to reform the state's bail system. During his State of the State speech Wednesday, Cuomo said people arrested for misdemeanors and non-violent felonies should not be subject to bail. The move was praised by many criminal justice reform advocates—who see bail as unfair to poor defendants— though some would like to seem him go even further.
A year ago, New Jersey did away with cash bail completely. Statehouse reporter Sean Sullivan, of New Jersey Advance Media/NJ.com, told WNYC's David Furst, "The system is no longer predicated on whether you have access to money or whether somebody you know does."
Now, if prosecutors want a judge to lock someone up, the judge considers a recommendation derived from an algorithm that looks at the defendant's criminal history, their risk flight and the danger they pose to the community. If the defendant's released, they usually check in with the court system or occasionally wear a GPS ankle monitor.
According to Sullivan, preliminary data shows the statewide jail population has dropped by 15 to 16 percent. But the number varies around the state. "Some counties hardly saw any change at all and some had their populations of folks locked up awaiting trial cut in half," Sullivan said.
A year later, though, the debate continues about whether letting more defendants out leads to more crime. Although state officials claim the re-offense rate is no different now than under the old system, Sullivan said a suspect was arrested on gun charges and released into pre-trial monitoring, "and not too long after he allegedly murdered a 26- year-old man."
The victim's mother filed a lawsuit; meanwhile, the bail bonds industry filed a separate suit arguing some people are held in jail without the option of bail.
Sullivan said the state made "tweaks" last summer so that those accused of gun crimes, and repeat offenders, are now more likely to be locked up while awaiting trial.
As for whether the new system is more expensive to run, Sullivan said there's no verdict yet. "I think that's going to be something that the incoming governor, Phil Murphy's administration, is going to have to deal with," he said.