By Hank Russell
Since it became law six years ago, cashless bail released back on the streets criminals who were arrested for committing nonviolent or “low-level” crimes, such as shoplifting, misdemeanor assault and drug dealing. While its supporters argued that such offenses do not warrant jail time, its detractors claimed that this measure gives criminals the opportunity to commit more crime.
Now, local elected officials and district attorneys celebrated the end of cashless bail after learning of the announcement that President Donald Trump signed an executive order on August 25 to get rid of the measure. In addition to getting rid of what one state legislator called “a failed policy,” the executive order allows the president to withdraw federal funding from local municipalities that continue to support cashless bail policies.
“As President, I will require commonsense policies that protect Americans’ safety and well-being by incarcerating individuals who are known threats. It is therefore the policy of my Administration that Federal policies and resources should not be used to support jurisdictions with cashless bail policies, to the maximum extent permitted by law,” Trump wrote in the executive order.
Cashless bail became law in New York State in 2019 under then-Governor Andrew Cuomo as part of a massive criminal justice reform package. Since its passage, GOP state legislators have called for its repeal, but were unsuccessful in their attempts.
The Trump administration listed on its website examples of how, they claimed, cashless bail has resulted in criminals being cut loose because of “a government-backed crime spree.”
“Our great law enforcement officers risk their lives to arrest potentially violent criminals, only to be forced to arrest the same individuals, sometimes for the same crimes, while they await trial on the previous charges,” Trump said. “This is a waste of public resources and a threat to public safety.”
Nassau County District Attorney Anne Donnelly — who, along with Suffolk DA Ray Tierney — have worked with state legislators to get rid of what she called a “dangerous” policy. She recalled speaking with a woman of a young lady who was shot to death by her boyfriend, who had been set free as a result of cashless bail.
“This disgraceful law has set free killers, drug dealers, gang members and a host of other violent criminals,” Donnelly said. “I want to thank President Trump for signing an Executive Order, which does away with ‘cashless bail.’ Judges deserve to have discretion when it comes to remanding dangerous people who have a record of violent criminal behavior.”
Assemblyman Keith Brown (R,C-Northport) added, “Cashless bail has been nothing short of a disaster for New York. Instead of fixing the root problems, Albany Democrats gave criminals a get-out-of-jail-free card. Shockingly, even selling or possessing large amounts of narcotics on the street is not a bail-eligible offense.”
He also said that, because of cashless bail, “dangerous drug dealers can be arrested in the morning and back on the streets by the afternoon. That’s reckless, dangerous and a slap in the face to the men and women who protect our communities.”
Tierney once told The New York Post that drug dealers have gotten away with their crimes becuase, under the state’s bail reform law, only a Class A felony charge was bail-eligible. “In New York, we have loopholes a mile wide and drug dealers are taking advantage,” he told the Post.
Long Island Life & Politics reached out to Tierney’s office for further comment, but they declined.
Although she opposes cashless bail, state Senator Monica Martinez (D-Brentwood) expressed concern over the president’s decision to withhold funding from local neighborhoods.
“Public safety should never be held hostage to policy disagreements,” Martinez said. “While I’ve long raised concerns about the impact of cashless bail on our communities and been a leader on the changes to the existing law, withholding federal funding from New York will likely leave all of our residents less safe. If the President wants to reduce crime, withholding financial resources is not the way to go. A real commitment to safety requires giving law enforcement the resources they need, not cutting aid that will ultimately weaken crime reduction efforts.”