Breaking Down New York’s 2020 Bail Reform and Its Rollbacks: What You Need to Know
📢 For readers seeking more insights, check out our “New York’s 2020 Bail Reform” episode. This in-depth discussion covers the history, impact, and ongoing fight for bail justice. Don't miss this valuable resource!
Bail reform has been one of the most debated legal issues in New York over the last few years. Since its implementation in 2020, followed by a series of rollbacks, the conversation around bail reform has been filled with misconceptions, fear-mongering, and political spin. But what did the 2020 bail reform law actually do? And why were parts of it rolled back so quickly?
In our latest Attorneys with Swag episode, we sat down with experts—including criminal defense attorneys and advocates—to break down exactly how bail reform has impacted New York’s legal system, who it helps, and how the rollbacks have affected access to justice. Here’s what you need to know.
What Was the 2020 Bail Reform?
Before bail reform, judges had broad discretion to set bail, often leading to people being jailed simply because they couldn’t afford to pay—even for minor offenses. The reform sought to address this inequity by limiting the ability of judges to set bail for certain offenses and reinforcing that bail is solely meant to ensure a person’s return to court, not to punish them.
Key Changes in the 2020 Bail Reform:
No Cash Bail for Most Misdemeanors and Non-Violent Felonies: Judges could no longer set bail for low-level offenses like petty theft or turnstile jumping, ensuring that poverty wasn’t a reason for pretrial detention.
Clarified Purpose of Bail: Bail could only be used to ensure a defendant returns to court, not as a means to detain someone based on perceived dangerousness.
Required Judges to Justify Bail Decisions: Judges had to provide specific reasons on record for setting bail, allowing defense attorneys to challenge excessive or unfair bail amounts.
Introduced Alternative Bail Options: Judges were required to offer at least three forms of bail, including partially secured bonds (where defendants only pay a percentage upfront), making it easier for people to secure release.
These changes meant that thousands of New Yorkers—many charged with minor, non-violent offenses—could fight their cases from outside of jail, rather than from a cell in Rikers Island.
The Political Backlash and Rollbacks
Almost immediately after the reforms went into effect, there was a strong push to roll them back. Media narratives and political rhetoric blamed bail reform for an increase in crime, despite data showing no direct correlation. Under public pressure, lawmakers introduced several rollbacks that undermined the original reform.
Major Bail Reform Rollbacks:
Expansion of Bail-Eligible Offenses: Lawmakers added more charges that allowed judges to set bail, including some non-violent felonies, repeat offenses, and cases involving harm to property.
The “Harm Plus Harm” Rule: If someone was charged with a crime that involved “harm” to a person or property and was then arrested again for another crime involving harm, judges could now set bail—regardless of the offense.
Weakened Requirement for Least Restrictive Conditions: Originally, judges had to impose the least restrictive conditions necessary to ensure return to court. The rollback changed this to a more vague standard, giving judges more leeway to set stricter conditions, including bail.
Increased Judicial Discretion: Judges were given more power to detain people based on their perception of risk, rather than just their likelihood of returning to court.
These rollbacks disproportionately impacted low-income defendants, many of whom were already struggling with housing instability, mental health issues, and poverty. In many cases, bail has once again become a punishment rather than a pretrial tool.
How Bail Reform (and Its Rollbacks) Impact Real People
One of the biggest myths pushed by opponents of bail reform is that people released under the new law were committing new crimes at an alarming rate. In reality, over 90% of people released under bail reform returned to court as required.
However, the rollbacks have once again created a system where people are jailed not because they pose a flight risk, but because they can’t afford to pay. This has real consequences:
People lose jobs, housing, and custody of their children while stuck in jail pretrial.
Prosecutors leverage pretrial detention to pressure guilty pleas, even for weak cases.
Families struggle to scrape together bail money, often at great personal financial risk.
As public defenders, advocates, and formerly incarcerated individuals discussed in our episode, bail reform wasn’t about letting dangerous criminals walk free—it was about ensuring that people weren’t jailed simply for being poor.
What Can We Do Moving Forward?
Bail reform is far from a settled issue in New York. With ongoing political pressure to roll back reforms further, it’s critical to:
Push Back Against Misinformation: Share accurate data and real stories about how bail reform has helped thousands of people while maintaining public safety.
Advocate for Policy Changes: Demand that lawmakers stop using fear-based rhetoric to dismantle reforms and instead focus on evidence-based solutions.
Support Families Navigating the System: If someone you know is facing bail, help them understand their options—whether it’s securing a partially secured bond or seeking legal assistance.
Final Thoughts
Bail reform was a step toward a fairer justice system, but the rollbacks have made it clear that we still have work to do. If we want a legal system that treats people fairly—regardless of wealth—it’s time to fight back against fear-mongering and push for real justice.
