New York representatives propose funding cut over bail reform

ALBANY, N.Y. (NEXSTAR) — Congressmember Marc Molinaro, a Republican representing New York’s 21st district, introduced legislation in the House of Representatives aimed at bail reform. The “Keep Our Streets Safe Act” would divert funding to states that seal criminal records or that don’t incarcerate suspects before a conviction.

You can read the full text of the proposal at the bottom of this story.

The bill would change how the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allocates grant funds.

Currently, states get JAG money based on population and crime rates, funding local and state programs focused on:

Law enforcement
Prosecution and criminal courts
Crime prevention and education
Corrections, prisons, and reentry
Drug recovery and treatment
Mental health

Under JAG, penalties already exist for states that don’t comply with certain laws. Failure to follow the Sex Offender Registration and Notification Act can lose 10% of JAG funds, and not following the Prison Rape Elimination Act can lose 5%.

States must submit a detailed plan for how they’ll spend their money. Ultimately, 60% goes to the state and 40% to local governments. Under the proposal, any funds withheld from state coffers would instead go directly to local governments in that state.

Molinaro wants a state’s attorney general to have the power to withhold funds when local laws won’t let judges imprison someone who hasn’t been convicted, provided the judge considers that person a threat to the community. A policy that seals criminal records for adult offenders—like the Clean Slate Act in New York—would also trigger the potential loss of funds, though sealing juvenile arrest records would not.

Several Congressmembers from New York supported Molinaro’s proposed act, characterized as a New York Republican Party “effort to repeal Albany’s pro-crime policies.” They were:

Anthony D’Esposito (Congressional District 18)
Andrew Garbarino (Congressional District 2)
Nick LaLota (Congressional District 1)
Nick Langworthy (Congressional District 23)
Mike Lawler (Congressional District 17)
Nicole Malliotakis (Congressional District 11)
Claudia Tenney (Congressional District 24)
Brandon Williams (Congressional District 22)

“Taxpayers shouldn’t be on the hook to prop up a regime in Albany that is making us less safe,” Molinaro said in a statement announcing the proposed legislation. “This bill will take funds from Albany and reinvest them directly into the local police, courts, and governments that are actually doing the work to restore public safety.”

Back in the New York State Legislature, which saw endless debate over reform, several Republican senators registered support for the bill. “The people of New York State have suffered under our flawed criminal laws for too long,” said Sen. Patricia Conzeri-Fitzpatrick, representing the 9th Senate District. The first bill she proposed during her term as a senator was S5335, a reform for bail reform. “It’s time to put aside politics and work together to restore safety on our streets.”

(Meanwhile, earlier this month, Republican Sen. James Tedisco proposed another reform for bail reform: S905/A3573.)

“This is common sense effort by our Republican Congressional Delegation will hopefully force New York State to make this desperately needed change,” said Sen. Mario Mattera, who represents the 2nd District, of Molinaro’s proposal.

“The dangerous changes made to our criminal justice system over the past several years favor offenders over law-abiding citizens,” said Senate Minority Whip Patrick Gallivan, from the 60th District. “If Legislative leaders in Albany refuse to address this crisis, I support efforts on the federal level to provide direct funding to local law enforcement agencies in order to keep our communities safe.”

And, “In New York, we are suffering the consequences of one-party rule by Democrats, most profoundly in the area of public safety,” said Sen. George Borrello from the 57th District. “Their disastrous, pro-criminal laws like so-called bail ‘reform’ and ‘clean slate’ have made our state more dangerous and emboldened criminals who know the law has been skewed to benefit them.”

But Senate Deputy Leader Michael Gianaris, a Democrat, said, “The last people I would ask for advice about improving our criminal laws are these very same people who support a convicted felon for President of the United States.”

Legally, bail or pretrial incarceration aims to guarantee the presence of a criminal suspect—a defendant, innocent until proven guilty—at trial. New York’s 2020 reforms to the cash bail system aimed to reduce unnecessary jail time and create a fairer system that did not imprison people based on poverty.

Bail reform changed how the courts processed low-level and non-violent offenses, letting defendants await trial in their communities. Bail reform critics said the measures endangered public safety, while proponents said that the old system disadvantaged low-income people.

“Justice is two-tiered,” said Megan French-Marcelin, Senior Director for New York State Policy at the Legal Action Center. “Bail only holds people who can’t afford to pay bail.”

Previously, judges set cash bail amounts without consistent legal reasoning from case to case or courtroom to courtroom. The initial legislation mostly eliminated bail, limiting pretrial incarceration mainly to violent felonies. It encouraged judges to release defendants who did not pose a flight risk. Rollbacks in 2020 and 2022 expanded which charges could qualify for bail, with a specific focus on gun crimes and repeat offenders.

Judges also got more discretion to decide pretrial conditions in 2023, after more rollbacks removed the so-called “least restrictive” standard. Keeping in mind a defendant’s financial situation, judges could consider more factors—like public safety or previous noncompliance from a defendant—when ruling on bail and the conditions of release.

They could also combine bail with non-monetary requirements, like pretrial monitoring or mandated counseling. Overall, misdemeanors and nonviolent felonies remain generally ineligible for bail.

After a spike in violent crime during the early pandemic, some politicians blamed bail reform. But comparing crime rates in 22 cities with bail reform to 11 without it from 2015 to 2021, a study from the Brennan Center could not find statistical links between bail reform and higher crime rates anywhere, including in New York City and Buffalo.

“We didn’t give it long enough to figure out whether it worked or not, but there’s remarkably little evidence to show bail reform has an uptick in crime,” said French-Marcelin, referring to how quickly the first bail reform rollbacks took effect.

Proponents point to studies like the Brennan Center’s when highlighting the successes of bail reform. “There is no reason to believe that bail reform has led to increased crime,” it plainly states. They argue that reforms kept families together while rearrests remained stable, with courts handing down less severe sentences and increasing dismissals and adjusted sentences. Even so, after reforms, bail amounts increased over time on average, when set.

The proposed bill relies on rhetoric instead of reason, and fear-mongering over facts. The data is clear that bail reform has very little impact on crime and that people are returning to court,” said New York State Assemblymember Latrice Walker, a Democrat representing Assembly District 55 and longtime champion of bail reform. “New York State needs to invest in programs that address the causes of crime, including poverty, the lack of affordable housing, mental health crises, and substance use.”

The Clean Slate Act has not received the same scrutiny as bail reform, but Molinaro and his delegation also took fire for targeting it. “The Clean Slate Act is a historic bill with unprecedented support that will allow millions of New Yorkers to support their families, boost the economy, and create stronger and safer communities,” said Garrett Smith with the Center for Community Alternatives. “By allowing people to access jobs, housing and other basic life essentials, the Clean Slate Act will make New Yorker safer and more just.”

And as Rep. Walker stated: “The Clean Slate Act, which goes into effect in New York in November, removes barriers to employment, housing, education, and training opportunities that far too often accompany old convictions. Access to life’s essentials has been proven in other states with similar laws to boost the economy and reduce recidivism.”

Take a look at the “Keep Our Streets Safe Act of 2024” below:

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