Queens judges will release 12 defendants just before bail overhaul
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Nearly 900 pretrial detainees will be eligible for release under a state bail reform set to take effect Jan 1. State Supreme Court judges will release 22 defendants in late December ahead of the new law. AP Photo/Kathy Willens
By David Brand
State Supreme Court justices in New York City are preparing to release nearly two dozen defendants currently held in pretrial detention just before sweeping state bail reforms take effect. The majority are defendants charged in Queens who will be released in late December, according to court officials.
A state law set to take effect Jan. 1 will eliminate cash bail for people charged with misdemeanors, nonviolent felonies and certain violent felonies. There are 22 incarcerated defendants, charged in 26 cases, who have had prospective securing orders signed by state judges so far. Each will be released in late December, according to the Office of Court Administration. Gothamist first reported on the total number of defendants set to be released next month.
OCA did not have a borough breakdown of cases when contacted by the Eagle, but Queens Supreme Court officials said 12 of the 22 defendants are being tried in Queens for a variety of alleged offenses. One person will be released on Dec. 27 and eleven others will be released on Dec. 31. A Queens judge has also prepared a securing order for a 13th person who will be released on Jan. 1, 2020, the day the new law takes effect.
Each of the defendants’ cases were previously adjourned to sometime in January 2020, prompting the judges to prepare their securing orders early because they would otherwise still be in jail when the new law takes effect. Queens court officials said other defendants with similar hearing schedules will also have prospective securing orders signed in the next few weeks as the Jan. 1 deadline approaches.
Overall, two of the 13 defendants (including the one who will be released on Jan. 1) are charged with third-degree criminal sale of a controlled substance and six are charged with second-degree burglary. The other defendants are charged with third-degree burglary, second-degree robbery, third-degree robbery, third-degree grand larceny, fourth-degree grand larceny and reckless endangerment.
The 12 Queens defendants set to be released early are a tiny fraction of the thousands of defendants who will be automatically diverted from jail under the bail measure.
OCA began working with city courts earlier this month to prepare for the impact of the bail reform. The Department of Correction estimates that nearly 900 pretrial detainees could be eligible for release beginning Jan. 1.
Many pretrial defendants will be assigned to supervised release programs that pair them with social workers, case managers and various services to address underlying issues that may have motivated their crimes, like substance abuse, mental health problems and unemployment.
Acting Queens DA John Ryan criticized the sweeping bail reform law at a press conference with Staten Island DA Michael McMahon (right) on Nov. 21. Photo via the Queens DA’s Office
Opponents of the state bail reform law, including Acting Queens District Attorney John Ryan say the measure is too drastic a change. The Queens DA’s Office has created a map of crimes in Queens allegedly committed by people eligible for release under the bail reform. The map does not include the specific charges against the defendants, however.
“New Yorkers should prepare themselves for literally thousands of criminals back in their community,” Ryan said at a joint press conference with Staten Island DA Michael McMahon earlier this month. “These prisoners will be indiscriminately released because the legislature refused to write a law allowing judges to consider public safety when setting bail.”
Bail reform advocates have characterized statements by Ryan, McMahon and other opponents as “fearmongering.”
“No longer will defendants be starved of critical evidence in their cases, which has fueled wrongful convictions and cost taxpayers millions in civil settlements,” said the Chief Defenders Association in a statement. “No longer will our bail laws allow the wealthy to go free pretrial while people in poverty are jailed for the exact same charges.”
