Buffalo Common Council Members Christopher Scanlon and Joel Feroleto have introduced a resolution calling on the New York State Legislature to amend the newly enacted Bail Reform Law.
We believe the New York State Legislature must amend the newly enacted law which takes away the ability for a judge to set bail in many criminal proceedings.
In 2019, the New York State Legislature passed a law, which among other things, has eliminated the ability for a judge to be able to set bail on many criminal offenses, impacted discovery timelines in criminal proceedings and compromised law enforcement's ability to safely engage witnesses. The New York State Legislature needs to amend this new law that went into effect January 1, 2020. There are many instances a judge should be able to set bail.
Since the law went into effect we have seen individuals released without a judge being able to consider bail in the following alleged instances:
A drunk driver killing a pedestrian; https://nypost.com/2020/01/02/man-accused-of-driving-drunk-killing-pedestrian-freed-due-to-new-criminal-justice-reforms/
Fatal hit and run; https://newyork.cbslocal.com/2020/01/03/hit-and-run-bail-reform-ice/
A man accused of strangling and stabbing a woman resulting in her death; https://www.news10.com/news/albany-manslaughter-suspect-released-from-jail-under-new-bail-rules/
Committing a hate crime; https://nypost.com/2019/12/28/suspects-released-without-bail-after-shocking-attacks-on-jews/
Full list of offenses with no ability for bail is here. https://newyork.cbslocal.com/2019/12/31/all-crimes-new-york-bail-reform/
We the undersigned urge the New York State Legislature to enact changes to these laws immediately.
I am a Democrat and believe in most of what they do and part of the bailout but it needs a lot of changes to it