Tenney, Stefanik Push for Full Repeal of NY Bail Reform Law, Creation of Dangerousness Standard
Washington, DC – Congresswoman Claudia Tenney (NY-22) today joined House Republican Conference Chairwoman Elise Stefanik and members of the New York congressional delegation in a letter to Governor Kathy Hochul urging her to push for a full repeal of the 2019 New York State bail reform law.
The letter also highlights the need for the state to implement a standard to assess the danger an individual poses to public safety when making bail or pretrial release decisions, also known as a dangerousness standard. Governor Hochul recently introduced a 10-point plan to change the bail reform law, which fell short of these proven commonsense principals.
New York State has experienced a rapid increase in crime, particularly since the passage of a so-called bail reform law in 2019. In New York City, the crime rate has increased 60% over 2021 levels, including a 54% increase in robberies, a 56% increase in grand larceny incidents, a 22% increase in rapes, and a 10% increase in murders. Over the past year, 20% of those who previously would have been held in custody pending bail were re-arrested, many for violent felonies against the most vulnerable New Yorkers.
In a January 24th letter, Tenney and other members of the New York delegation called on the Governor to work with the State legislature to fix the disastrous bail reform law.
“Progressives in New York have sacrificed the safety of our communities for their far-left priorities. Across our state, including in New York’s 22nd District, crime has skyrocketed, driving families and businesses out of our state at the second-fastest rate in the country. Governor Hochul should demonstrate real leadership and address the problem: New York should repeal the bail reform law and institute a dangerousness standard to protect our communities. The future of our state depends on these critical changes,” said Tenney.
Many law enforcement officials from across the state and around New York’s 22nd Congressional District have been steadfast in their opposition to the failed bail reform initiative.
“It is clear, as two years of statistics demonstrate, that countless innocent victims have suffered as a result of the ill-conceived bail reform in New York State. It is time for our elected officials to fix this problem,” said Don Hilton, Oswego County Sheriff.
The full text of the letter is available here.
Dear Governor Hochul,
We write today to express serious concern that your 10-point plan to make changes to the bail laws in New York State falls dangerously short of what is needed to keep New Yorkers safe. Any proposal that does not completely reverse the bail reform policies that took effect in January 2020 would be a serious failure on the part of your administration.
New York State is facing a historic crime wave as a result of the state’s disastrous bail reform policies. New York City’s crime rate has increased nearly 60% over last year, including historic numbers of murder, rape, robbery, and assault. Specifically, there has been a 54% increase in robberies, a 56% increase in grand larceny incidents, a 22% increase in rapes, a 10%increase in murders, and a 1.3% increase in shooting incidents as compared to 2021.
Most recently, the nation witnessed the tragic consequences of bail reform when Jason Rivera and Wilbert Mora, brave New York police officers, were fatally shot in the line of duty. Days after these tragedies, you said, “I will absolutely stand behind the fundamental premise on why we needed bail reform in the first place.” We sincerely hope this is no longer the case.
Among the most reckless parts of the bail reform law was the elimination of cash bail for most misdemeanor and nonviolent felony charges and expanded options for pretrial release conditions. This has resulted in a dramatic increase in rearrests of individuals who would have previously been in custody pending bail, but instead were allowed to commit crimes and other violent felonies. Whereas only 9% of offenders released on non-monetary release were rearrested for felony crimes in New York City in 2018, approximately 43% of offenders were rearrested for felony crimes between July 2020 and June 2021. This doesn’t include the additional offenders rearrested for misdemeanor charges due to the disastrous changes in bail reform.
The state’s bail reform also refused to address the danger an individual poses to the community before releasing them. Therefore, New York remains the only state not to consider dangerousness in bail decisions. It is critical you reverse these reforms and fully address the disaster you have allowed to continue.
Any proposal that fails to repeal the entire bail reform and enact a “dangerousness standard” that allows judges to consider thoroughly public safety when making bail or pretrial release decisions is unacceptable. You must address the lawlessness and disorder created by New York State’s failed bail reform law, including putting in place commonsense reforms that support our local law enforcement and keep our community members safe. Thank you for your prompt attention to this serious matter.
Sincerely,
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