Before you blame bail reform, understand how it works

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It is more politically useful to throw the truth to the four winds, to raise the specter of crime, to attribute it to “liberal” bail reform policies and to instill fear in the electorate. In these volatile political times, many politicians like to talk about the Constitution, for example to say that it protects unspecified notions of “freedom”, regardless of what the document actually says.

The Eighth Amendment prohibits “excessive bail”. This means that the bond should be set at an amount that will secure a person’s appearance in court, and not for the purpose of jailing them without trial when a person believes they are guilty. The Bail Reform Act, as corrected, meets this requirement. (I voted against the original law, I was active in finding corrections, and I voted for it as corrected.)

These flaws were evident in a recent WNYT article which suggested that bail reform required the release of a man from Schenectady who was arrested for the ninth time at Colony. Nothing could be further from the truth.

Under the Amended Bail Reform Act, judges can set a cash bond based not only on the crime committed, but also on a person’s legal history. Included in the expanded list of crimes (which are too numerous to list here) was “any Class A felony or misdemeanor involving damage to an identifiable person or property, where that charge arises out of behavior occurring while the The accused was released on his own initiative or released on conditions for a separate felony or a class A misdemeanor.

In addition, bail may be required for anyone involved in a felony who is re-charged with a felony, and bail may also be required for an ineligible offense if the defendant persistently and willfully fails to appear in court. the court when necessary.

In addition, a person charged with the crime of jumping on bail is subject to bail.

For example, if a person accused of non-violent theft is released before trial and then commits another non-violent theft, a judge would have the option of setting a cash bond on the second arrest, even if the cash bond does not. is generally not authorized for this type of flight. In addition, if a person does not voluntarily and persistently appear in court, an arrest warrant can be signed and the person can be arrested and detained.

The individual featured in the WNYT article was arrested on July 5 for allegedly stealing a truck full of tools from a Latham parking lot. He had previously been arrested in Glenville for allegedly crashing a stolen truck at Colony, injuring another driver. He was arrested and released, but then did not appear in court. Due to his non-appearance in Glenville, an arrest warrant has been issued against his arrest. On the same day, according to police, he attempted to steal a U-Haul and assaulted and robbed a locksmith. These crimes were on the list for which bail could be required.

Nonetheless, due to COVID, the Courts Administration Office has ruled out arrest warrants from city or village courts. Prisons had become breeding ground for COVID-19, so many criminals who would normally have been on bail were released on their own recognizance or were given an ankle monitor, as happened with this individual . When that COVID order ended, an arrest warrant was issued for him.

Bail reform was designed to avoid holding people in jail on minor charges because they were too poor to be released on bail. Meanwhile, wealthier people were released simply because they had the money to post a bond without regard to public safety. Bail reform legislation, if properly followed, will remedy this injustice.

Assembly member Phil Steck, D-Colony, represents the 110th Assembly District.

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