Manslaughter, Arson, Hate Crimes -- See All The Crimes Suspects In New York Now Get Released For Under Bail Reform
NEW YORK (CBSNewYork/AP) — As New York celebrates the start of 2020, a host of new laws are taking effect at midnight -- including one releasing scores of potentially dangerous suspects from jail and back onto city streets.
New York's bail reform law eliminates pretrial detention and cash bail for the vast majority of misdemeanor and non-violent felony cases. Hundreds of offenses such as stalking, grand larceny, assault as a hate crime, and second degree manslaughter will no longer be eligible for bail or pretrial detention.
"They eliminated bail but they never put in the safeguard we need of allowing a judge to assess dangerousness and the result is we've got some glaring loopholes that will go into effect," Mark Peters warned.
CBS2's Urban Affairs Expert says this sets New York apart from other states, such as New Jersey, which have also eliminated cash bail.
"So someone can walk up to someone on the street punch them in the face and if they haven't done lasting physical injury there's no bail available... they'll be let out that day they can go punch someone the next day," Peters added.
Here Are All The Crimes That Now Fall Under The Bail Reform Law:
- 2nd degree Burglary of a residence
- 2nd degree Burglary as a Hate Crime
- 3rd degree Burglary of a commercial building
- 3rd degree Burglary as a Hate Crime
- 2nd degree Robbery aided by another person
- 2nd degree Robbery as a Hate Crime
- 3rd degree Robbery
- Criminal sale of a controlled substance (multiple counts)
- Using a child to commit a controlled substance crime
- Criminal possession of a controlled substance (multiple counts)
- Criminal sale of a controlled substance in or near a school
- Criminal injection of a controlled substance into another person
- Criminal sale of a controlled substance to a child
- Criminal sale of a prescription for a controlled substance by a pharmacist
- Criminal possession or creation of Methamphetamines
- 3rd degree Assault
- 3rd degree Assault as a Hate Crime
- Reckless Assault of a child by a day care provider
- Reckless Assault of a child
- Stalking (multiple counts)
- Stalking as a Hate Crime (multiple counts)
- Vehicular Assault (multiple counts)
- Aggravated Vehicular Assault
- Aggravated Assault on a child under 11 years-old
- Aggravated Assault on a child under 11 years-old as a Hate Child
- Menacing (multiple counts)
- Menacing as a Hate Crime (multiple counts)
- Reckless Endangerment (multiple counts)
- Promoting a suicide attempt
- 1st degree Stalking while committing a sex offense
- Criminal Obstruction of Breathing
- Criminally Negligent Homicide
- 2nd degree Vehicular Manslaughter
- Aggravated Vehicular Manslaughter
- 2nd degree Manslaughter
- Unlawful Imprisonment (multiple counts)
- Unlawful Imprisonment as a Hate Crime (multiple counts)
- Aggravated Labor Trafficking
- Custodial Interference (multiple counts)
- Substitution of children
- Coercion (multiple counts)
- Coercion as a Hate Crime (multiple counts)
- Criminal Trespass (multiple counts)
- Criminal Trespass as a Hate Crime (multiple counts)
- Possession of burglar's tools
- Unlawful possession of a police scanner
- Criminal Mischief (multiple counts)
- Criminal Mischief as a Hate Crime (multiple counts)
- Criminal Tampering (multiple counts)
- Cemetery Desecration (multiple counts)
- Aggravated Cemetery Desecration (multiple counts)
- Reckless Endangerment of property
- Tampering with a consumer product (multiple counts)
- Graffiti
- Possession of Graffiti tools
- 3rd degree Arson
- 4th degree Arson
- 5th degree Arson
- 3rd degree Arson as a Hate Crime
- 4th degree Arson as a Hate Crime
- 5th degree Arson as a Hate Crime
- Grand Larceny (multiple counts)
- Grand Larceny at a Hate Crime (multiple counts)
- Aggravated Grand Larceny of an ATM
- Petit Larceny
- Petit Larceny as a Hate Crime
- Computer Tampering (multiple counts)
- Computer Trespass
- Unauthorized use of a computer
- Unlawful duplication of computer materials (multiple counts)
- Welfare Fraud (multiple counts)
- Criminal use of a public benefits card (multiple counts)
- Criminal possession of a public benefits card (multiple counts)
- Unauthorized use of a vehicle (multiple counts)
- Auto stripping (multiple counts)
- Theft of services
- Unauthorized use of a credit card
- Jostling
- Fraudulent Accosting
- Criminal Possession of Stolen Property (multiple counts)
- Forgery (multiple counts)
- Criminal possession of a forged instrument (multiple counts)
- Criminal possession of forgery devices
- Criminal possession of a Vehicle ID Number
- Forgery of a Vehicle ID Number
- Falsifying business records (multiple counts)
- Tampering with public records (multiple counts)
- Offering a false instrument for filing (multiple counts)
- Insurance Fraud (multiple counts)
- Health insurance fraud (multiple counts)
- Criminal diversion of prescription medications (multiple counts)
- Commercial bribery (multiple counts)
- Rent Gouging (multiple counts)
- Residential mortgage fraud (multiple counts)
- Aggravated identity theft (multiple counts)
- Bribery (multiple counts)
- Perjury (multiple counts)
- Bail jumping (multiple counts)
- Obstructing governmental administration (multiple counts)
- Obstructing governmental administration with a self-defense spray device
- Killing a Police Dog or Police Horse
- Obstructing emergency medical services
- Obstructing governmental services with a bomb
- Escape (multiple counts)
- Promoting prison contraband (multiple counts)
- Resisting arrest
- Hindering prosecution (multiple counts)
- Making a false sworn statement
- Bribing a witness
- Receiving a bribe as a witness
- Bribing a juror
- Receiving a bribe as a juror
- Providing a juror with a gratuity
- Tampering with a juror (multiple counts)
- Tampering with physical evidence
- Compounding a crime
- 1st degree Criminal Contempt – refusing to be sworn in as a witness
- 2nd degree Criminal Contempt
- ALL Gambling offenses
- ALL Prostitution offenses
- Providing indecent material in minors (multiple counts)
- Riot (multiple counts)
- Criminal Anarchy
- Harassment (multiple counts)
- Harassment as a Hate Crime (multiple counts)
- Aggravated Harassment (multiple counts)
- Aggravated Harassment as a Hate Crime (multiple counts)
- Aggravated Harassment of an employee by an inmate
- Criminal nuisance (multiple counts)
- Falsely reporting a crime
- Pointing a laser at an aircraft (multiple counts)
- Harming a service animal (multiple counts)
- Public lewdness
- Illegal eavesdropping
- Dissemination of unlawful surveillance (multiple counts)
- Non-support of a child (multiple counts)
- Endangering the welfare of a child
- Assisting in female genital mutilation
- Endangering the welfare of an incompetent or physically disabled person
- Endangering the welfare of a vulnerable elderly person
- Endangering the welfare of a disabled person (multiple counts)
- Promoting an obscene sexual performance by a child
- Possession of an obscene sexual performance by a child
- Promoting a sexual performance by a child
- Possessing a sexual performance by a child
- 4th degree Criminal possession of a weapon
- Criminal possession of a weapon on school grounds
- Criminal possession of a firearm
- 3rd degree Criminal possession of a weapon
- Criminal purchase or disposal of a weapon
- Unlawfully wearing a body vest
- Unlawfully fleeing a police officer in a vehicle (multiple counts)
- Enterprise corruption
- Money Laundering (multiple counts)
- Money Laundering in support of terrorism (multiple counts)
- Corrupting the government (multiple counts)
- Criminal solicitation (multiple counts)
- Conspiracy (multiple counts)
- Conspiracy as a Hate Crime (multiple counts)
- Criminal facilitation (multiple counts)
"It's concerning. We're going to have to work harder than ever with our partners, with our fellow district attorneys, to prosecute these crimes to make sure that we are on top of our game," new NYPD Commissioner Dermot Shea told CBS2 in December.
"When you have individuals that are standing before a judge and immediately being released, and essentially everyone in the room knows that this person is a danger to the community, I think we need to look at the system and make sure that judges can make common sense decisions." Shea explained.
Cuomo estimates the new law will keep about 90 percent of defendants out of jail at least until their case gets resolved.
These offenders will also have the added bonus of a new incentive program in New York City -- which will give released suspects things like New York Mets tickets and gift cards for showing up to court.
"It's not as though there's a light switch and suddenly New York City is gonna become vastly more dangerous Jan. 1 than it was Dec. 31. These are things we'll see the effects of over the next several months," Peters told CBS2's Ali Bauman.
(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
