The Current State of Bail Reform: The Real Story from Monroe County's Former Interim Public Defender Jill Paperno
Notes from Jill Paperno’s presentation to UCLM at the April 9, 2022 membership meeting:
Key POINTS
The purpose of bail is not punishment, but rather only to ensure that defendants return to court
Fear mongering and false information is being spread by people upset at judges’ loss of discretion in setting bail
For example, Federal Judge Dora Irizarry falsely claimed that judges can’t set bail “even when there is serious violence”
Irizarry also falsely claimed that even if state judges can set bail, they don’t
NYPD Commissioner Keechant Sewell falsely claimed judges are prohibited from ever setting bail
Governor Hochul caved into the concerted disinformation campaign and proposed to roll back bail reform
Her new proposal would threaten hundreds of thousands of New Yorkers
Brennan Center for Justice found no clear connection between the bail reform law enacted in 2019 and recent increases in crime
Brennan Center for Justice determined that crime data does not support revision to the bail reform law
While the 2019 bail reform law was well-considered based on facts, the state is rushing modifications to the law to mollify the angry response to misinformation
Hochul’s proposed modifications make it easier for judges to set unfair bail. For example:
Judges would be allowed to set bail not based solely on the least restrictive conditions deemed necessary to ensure a return to court
Repeat offenses would be subject to arrest and be bail-eligible
Would expand involuntary commitment to mental health facilities
Calls to Action:
Contact your NYS Assembly and Senate representatives, find who yours are here
Write up petitions and letters
Debunk misinformation with conversations, letters to the editor and letters to law enforcement