With concerns on bail reform contributing to a spike in crime, and a dis-information campaign on the new measure fueled by those concerned, Community Board 7 is holding a forum to discuss the future of the state’s new criminal justice reforms, and what these sweeping changes actually mean for the Bronx.

The meeting by CB7 is scheduled for on March 12 at 2530 Jerome Ave. at 6:30 p.m.  Bail reform eliminates cash bail for misdemeanors, meaning that accused persons can no longer be held in jail before their trial if they can’t afford to get out. Judges can still place bail for some crimes, like violent felonies and misdemeanor sex crimes, but in most cases, they’ve lost bail as a way to control pre-trial conditions.

Supporters of the bill say this addresses a long-time discrepancy where wealth determined whether a person walked free. 

Also in the new law is discovery reform. Discovery is how an accused person is informed of the state evidence against them so they can accurately prepare their defense. Proponents of the bill, such as Assembly Speaker Carl Heastie, saw it important to reform discovery. “Discovery is used as a hammer,” said Heastie at a speaking event Feb. 21 in North Central Bronx Hospital, used to stack the odds against the accused, where prosecutors withhold information from the defendant until it’s too late. The new reform mandates the accused receive the evidence against them within 15 days of their trial so that they have ample time to prepare their defense.

In the months since it’s integration, the law has fallen under public scrutiny for being too far-reaching. January saw a spike in crime that many attribute to the reforms. Proponents say it’s too soon to tell. Heastie said in an interview with the Times Union, “I’ve simply said it is too early to determine whether this law is highly successful, successful, working – we just have not had enough time to do that”.

NYPD Commissioner Dermot Shea wrote an opinion piece for The New York Times where he disagrees with the reform, mainly that judges can no longer determine the risk of letting someone walk. He says, “the new law constrains judges from holding repeat offenders with long records of both crime and absconding trial … the NYPD believes significant bail reform can be achieved, as long as judges are granted the discretion to remand suspects whom they determine to be genuinely dangerous, including chronic repeat offenders.”

He also points to problems with discovery reform, saying, “The new law’s requirements also threaten to inundate police agencies and district attorneys with the sheer volume of paperwork that must be provided to defendants’ attorneys within 15 days of arraignment under new discovery rules. Valid evidence can be suppressed and solid cases can be dismissed on the grounds of incomplete discovery, even when such failures are inadvertent and immaterial. The financial cost of compliance is also substantial — in the tens of millions of dollars across the state.” 

Those sentiments have been echoed by local police precincts, including the 52nd Precinct, where its commanding officer voiced concerns on discovery reform. 

Other elected officials have softened their stance on bail reform. Governor Andrew Cuomo, for instance, says the reforms are a step in the right direction, but still have a way to go. Cuomo has long agreed with bail reform. He said all the way back in January of 2018 during his State of the State that “the blunt ugly reality is that too often, if you can make bail, you are set free, and if you are too poor to make bail, you are punished.”

The eruption of debate in the time since has changed his tone. He has made amending bail reform a central issue in his upcoming 2020 budget, aligning with a proposal made by Senate Democrats who’ve also reconsidered their positions. Their proposal would keep the elimination of cash bail, but would also allow judges to determine the dangerousness of an accused person. This would give judges a new ability to keep people incarcerated before their trial, without bail, if they perceive them to be a threat to public safety.

Even if the proposed changes make it through the Senate, Heastie would stand in their way saying it’s too soon.