Ranzenhofer offers facts and info about new cashless bail law

By Billie Owens
Jan 31, 2020, 4:29pm

Press release from Senator Mike Ranzenhofer:

As we continue to debate the new cashless bail law, I have received several questions regarding what specific changes took place and what crimes are no longer eligible for bail. (See list below.)

According to some estimates, approximately 90 percent of all crimes are no longer eligible for bail. Supporters note that it is necessary to address inequities in our criminal justice system and that the vast majority of offenders are not being accused of violent crimes.

As I have stated several times, there were serious concerns with certain aspects of our criminal justice system. I strongly believe that those accused of crimes should receive a speedy trial, as is mandated by the Constitution. The accused should not be forced to sit in jail for months awaiting trials and hearings over minor offenses because they cannot afford to pay a relatively small amount of bail. However, the answer should be investing in local court systems, not simply letting dangerous offenders run free.

Perhaps the new law’s biggest flaw is removing judicial discretion to consider “dangerousness” when determining bail. Judges must also opt for the least restrictive pretrial condition. Prohibiting bail and mandating that an offender be released back to the streets, when a judge or law enforcement believes they are a danger to the public is simply outrageous.

In addition, far too many crimes no longer qualify for bail. For your convenience, I have included a list of crimes, compiled by the State District Attorneys Association of crimes that no longer qualify for bail under the 2019 Criminal Justice Laws. I have also included several recent news stories from across the state discussing the impact that these laws are having on communities.

Throughout my time in government, I have never seen an issue with such universal, bipartisan calls for reform, across every region of the state. This speaks volumes to me about the real need for change.

Sincerely,

Mike Ranzenhofer

State Senator -- 61st District

Offenses that no longer qualify for bail in New York State

Source: the District Attorneys Association of the State of New York

Assault in the third degree
Aggravated vehicular assault
Aggravated assault upon a person less than eleven years old
Criminally negligent homicide
Aggravated vehicular homicide
Manslaughter in the second degree
Unlawful imprisonment in the first degree
Coercion in the first degree
Arson in the third and fourth degree
Grand larceny in the first degree
Criminal possession of a weapon on school grounds or criminal possession of a firearm
Criminal possession of a controlled substance in the first and second degree
Criminal sale of a controlled substance in the first and second degree
Criminal sale of a controlled substance in or near school grounds
Specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child
Criminal solicitation in the first degree and criminal facilitation in the first degree
Money laundering in support of terrorism in the third and fourth degree
Making a terroristic threat
Patronizing a person for prostitution in a school zone
Promoting an obscene sexual performance by a child
Possessing an obscene sexual performance by a child
Promoting a sexual performance by a child
Failure to register as a sex offender
Obstructing governmental administration in the first and second degree
Obstructing governmental administration by means of a self-defense spray device
Bribery in the first degree
Bribe giving for public office
Bribe receiving in the first degree
Promoting prison contraband in the first and second degree
Resisting arrest
Hindering prosecution
Tampering with a juror and tampering with physical evidence
Aggravated harassment in the first degree
Directing a laser at an aircraft in the first degree
Criminal possession of a weapon in the fourth degree
Criminal sale of a firearm to a minor
Enterprise corruption and money laundering in the first degree
Aggravated cruelty to animals, overdriving, torturing and injuring animals
Failure to provide proper sustenance
Animal fighting