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

Resources:

Jeri Dube