Governor Cuomo’s proposed bail legislation is a bold and progressive step toward bail reform for New York state. It would eliminate monetary bail for low-level offenders, some of whom spend months in custody because they cannot post even the modest sums required to obtain their pre-trial release. But the devil is always in the details, and the details should be examined closely before new legislation is enacted.

The Proposal

(1) The Governor’s proposal is binary: Either a defendant is released under non-monetary conditions or he is detained. Gone are cash bail, unsecured bonds, partially secured bonds, and secured bonds. Non-monetary conditions can be imposed only to help ensure the defendant’s appearance in court. Those conditions can include limits on association and travel, pre-trial supervision with the county pre-trial services office (which would be newly created) or electronic monitoring paid for by the county. Electronic monitoring, however, would be available only if the defendant is charged with a felony or a family offense.