In 1970, the New York Legislature reformed the state’s bail law with the goal, among other things, of reducing the number of people behind bars solely because they could not afford to pay for their pretrial freedom. The reforms included an expansion of the forms in which bail could be set, giving judges a range of options, such as unsecured appearance or surety bonds, that would be easier for low income defendants.
Unfortunately, our research into New York City bail for nonfelony defendants indicates that judges invariably set bail in the most financially onerous forms—cash or secured bonds. They also set bail at a level the defendants cannot afford.
