Bail reform has been one of the most debated legal issues in New York over the last few years. Since its implementation in 2020, followed by a series of rollbacks, the conversation around bail reform has been filled with misconceptions, fear-mongering, and political spin. But what did the 2020 bail reform law actually do? And why were parts of it rolled back so quickly?
In our latest Attorneys with Swag episode, we sat down with experts—including criminal defense attorneys and advocates—to break down exactly how bail reform has impacted New York’s legal system, who it helps, and how the rollbacks have affected access to justice. Here’s what you need to know.
What Was the 2020 Bail Reform?
Before bail reform, judges had broad discretion to set bail, often leading to people being jailed simply because they couldn’t afford to pay—even for minor offenses. The reform sought to address this inequity by limiting the ability of judges to set bail for certain offenses and reinforcing that bail is solely meant to ensure a person’s return to court, not to punish them.
Key Changes in the 2020 Bail Reform
- No Cash Bail for Most Misdemeanors and Non-Violent Felonies: Judges could no longer set bail for low-level offenses like petty theft or turnstile jumping, ensuring that poverty wasn’t a reason for pretrial detention.
- Clarified Purpose of Bail: Bail could only be used to ensure a defendant returns to court, not as a means to detain someone based on perceived dangerousness.
- Required Judges to Justify Bail Decisions: Judges had to provide specific reasons on record for setting bail, allowing defense attorneys to challenge excessive or unfair bail amounts.
- Introduced Alternative Bail Options: Judges were required to offer at least three forms of bail, including partially secured bonds (where defendants only pay a percentage upfront), making it easier for people to secure release.
How Bail Reform (and Its Rollbacks) Impact Real People
- No Cash Bail for Most Misdemeanors and Non-Violent Felonies: Judges could no longer set bail for low-level offenses like petty theft or turnstile jumping, ensuring that poverty wasn’t a reason for pretrial detention.
- Clarified Purpose of Bail: Bail could only be used to ensure a defendant returns to court, not as a means to detain someone based on perceived dangerousness.
- Required Judges to Justify Bail Decisions: Judges had to provide specific reasons on record for setting bail, allowing defense attorneys to challenge excessive or unfair bail amounts.
- Introduced Alternative Bail Options: Judges were required to offer at least three forms of bail, including partially secured bonds (where defendants only pay a percentage upfront), making it easier for people to secure release.
