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Officials brace for bail reform

Isabel Braverman - Staff Writer
Posted 12/13/19

MONTICELLO — Bail reform will have a big impact on law enforcement, Sullivan County Undersheriff Eric Chaboty told county legislators during the Public Safety Committee meeting last week.

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Officials brace for bail reform

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MONTICELLO — Bail reform will have a big impact on law enforcement, Sullivan County Undersheriff Eric Chaboty told county legislators during the Public Safety Committee meeting last week.

New York State passed bail reform measures in January of this year, and many who work in criminal justice oppose the new law, saying it will sacrifice public safety.

The reforms allow for the elimination of cash bail for most misdemeanors and nonviolent felonies. Judges can release individuals charged with those crimes.

“There are a lot of challenges for us,” Chaboty said. “Funding from the state has been given to the defense side and really nothing has been given to the prosecution side, which includes the police.”

Sullivan County District Attorney Jim Farrell has been outspoken in his opposition to the law, which will go into effect on January 1.

But proponents of the law say bail unfairly targets the poor, and often people of color. It also increases jail populations, including people who may be innocent.

According to a report by the Vera Institute for Justice, the number of annual jail admissions doubled in the past three decades to 12 million, and the average length of stay increased from 14 to 23 days.

A statement from the Chief Defenders Association of New York states, “No longer will our bail laws allow the wealthy to go free pretrial while people in poverty are jailed for the exact same charges. As defenders, we have been appalled as countless people have been forced to plead guilty, regardless of guilt or innocence, to get out of jail.”

Director of Sullivan County Probation Department Barbara Martin told the legislators that her office has been gearing up for bail reform.

She said Farrell recently gave a presentation to those in the law enforcement community, hosted by the Sheriff's Office.

“He gave everybody a clearer understanding of how things are going to work and what needs to be done on the beginning levels to facilitate everything else going through the system smoothly,” Martin said.

The new laws will eliminate pretrial detention and cash bail as an option in an estimated 90 percent of arrests. For the remaining cases, judges will maintain the option of setting cash bail.

Bail reform is likely to have an effect on the amount of people incarcerated or in jail awaiting trial. Hal Smith, Sullivan County Jail Administrator, said, “it's just a guess” on who will be released without bail.

According to a recent report by USA Today, around 3,800 inmates in county prisons will be released when the law takes effect.

Many law enforcement officials, such as sheriffs and district attorneys, have joined together to urge state lawmakers to place a moratorium on the law and delay the January 1 start date. So far that action has not been taken.

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