CASH BAIL BURDEN

> GOOD EVENING.

WELCOME TO 'METROFOCUS.'

NEW YORK'S BAIL REFORM.

FAIR OR DANGEROUS?

STARTING NEXT YEAR PEOPLE ACCUSED OF THE VAST IN A JORT OF CRIMES WON'T BE SEEING THE INSIDE OF A JAIL CELL.

THAT'S BECAUSE THE STATE'S NEW BUDGET WILL HAVE VIRTUALLY ELIMINATED THE CASH BAIL SYSTEM WHICH OPPONENTS SAY UNFAIRLY PENALIZES THE POOR AND PEOPLE OF COLOR.

BUT AS BAIL REFORM CREATES JUDICIAL EQUITY, WHY HAVE THE DISTRICTS FROM ACROSS THE STREET INCLUDING HERE IN BROOKLYN AND SUFFOLK COUNTY, SUMMONED THE ALARM AGAINST THEM CALLING IT A I , QUOTE, DANGEROUS MISTAKE.

MAX, WELCOME TO THE PROGRAM.

THANK YOU FOR HAVING ME.

SO FIRST BEFORE WE EVEN GET INTO THE BAIL REFORM IN THOSE STATE BUDGETS, I WANT TO GO BACK AND TALK ABOUT A MASS BAILOUT PROJECT THAT YOUR ORGANIZATION UNDERTOOK.

WHAT WAS IT AND WHAT WAS IT SUPPOSED TO ILLUSTRATE?

SO THE MASS BAILOUT WE UNDERTOOK WITH A BUNCH OF OTHER LOCAL ORGANIZATIONS IS THE LARGEST SINGLE MASS BAILOUT OF PRETRIAL DETAINEES ANYWHERE IN AMERICA, ANYWHERE IN HISTORY.

WE DID 102 DETAINEES.

IT TOOK ABOUT $102 MILLION.

A LOT OF THOSE PEOPLE WERE IN JAIL ON $100, $10, A FEW ON $1 BAIL.

AND WE'RE PROUD TO REPORT THAT 95% OF THOSE SHOWED UP TO COURT, WENT TO THEIR HEARINGS.

THE SKY DIDN'T FALL.

THE STREETS DIDN'T RUN RED WITH VIOLENCE.

EVERYTHING CONTINUED JUST AS IT IS WHICH SHOWS YOU HOW GROWN BAIL PROCESS IS.

SO YOU'RE SAYING 95% OF THE PEOPLE WHO ARE BAILED OUT DID ATTEND AND GO TO COURT FOR THEIR CASES.

HOWEVER IT SEEMS TO ME THE PROBLEM THE DISTRICT ATTORNEYS WERE RAISING THE FLAG FOR DIDN'T.

THAT SOME OF THEM MIGHT BE INCREDIBLY DANGEROUS.

THEY MIGHT BE PEOPLE WHO SHOULD BE BEING HELD BEHIND BARS UNTIL THEIR CASE IS BROUGHT TO TRIAL.

SO WHAT IS YOUR RESPONSE TO THAT?

WELL, THAT IS ON A JUDGE THE DECIDE.

THAT JUST CAME OUT OF ALBANY AS WELL.

THEY HAVE TO SHOW IN THE RECORD EVIDENTIARY REASONS TO KEEP SOMEONE IN JAIL.

THE PROBLEM WITH THIS IS, THE PEOPLE THAT WERE HELD ON BAIL HAVE NOT BEEN CONVICTED OF ANY CRIME.

THEY'RE INNOCENT UNTIL PROVEN GUILTY.

SO WHAT WE'RE SAYING IS, WE'RE FINE WITH PEOPLE GETTING OUT IF THEY CAN PAY THEIR OWN WAY.

PEOPLE ARE BAILED OUT EVERY DAY.

THEY'RE JUST WEALTHY PEOPLE.

WHEN SOMEONE ELSE BAILS OUT LOWER INCOME PEOPLE, WHO ARE MORE DIRECTLY AFFECTED BY BEING IN JAIL, THAT IS A PROBLEM.

SUDDENLY THAT'S A RISK.

AND IT SHOWS YOU A LOT OF THE RACE BASED FEAR AND A LOT OF THE CLASS BASED FEAR GOES INTO BAIL.

WELL, ONE OF THE THINGS SOME PEOPLE WHO HAVE BEEN LUCKY ENOUGH TO NEVER HAVE GOTTEN ENTWINED IN THE LEGAL SYSTEM THIS WAY, WOULD NOT QUITE UNDERSTAND IT.

FOR A LOT OF THOSE PEOPLE WHO BAILED OUT, WHAT WERE THEY IN JAIL FOR?

70% OF PEOPLE WAITING IN JAIL ON BAIL IN NEW YORK ARE THERE FOR MISDEMEANOR CRIMES.

AND THESE ARE THINGS THAT ARE NO LONGER GOING TO WIND YOU UP IN JAIL, WAITING TO PAY BAIL UNDER THIS NEW LAW OUT OF ALBANY.

THAT'S HUGE.

THIS SORT OF CREATES AND THROWS A PROBLEM INTO SHARPER CONTRAST.

BECAUSE YOU CANNOT HAVE A SYSTEM WHERE WE SAY, THERE IS EQUAL JUSTICE UNDER LAW.

BUT ALSO, IF YOU PAY, YOU CAN HAVE BETTER OUTCOME.

THOSE ARE FUNDAMENTALLY INCOMPATIBLE IDEAS.

SO IF WE'RE GOING TO SAY, BAIL IS UNJUST AND UNFAIR AND DOES NOT HELP JUSTICE IN 90% OF CASES, WE SHOULD HAVE THE POLITICAL COURAGE TO SAY IT WON'T HELP IN THE OTHER TEN EITHER.

AND JUST GET RID OF CASH BAIL AS GOVERNOR CUOMO PROMISED, AS AMERICANS DESERVE.

WELL, IF THE CASH BAIL SYSTEM IS TO COMPLETELY GO AWAY, LIKE IF THEORY IT WILL BE, AT LEAST IN 2020, WHAT THEN BECOMES OF, WHAT IS THE INCENTIVE TO FORCE PEOPLE TO MAKE SURE THEY GO THROUGH WITH THEIR OBLIGATION TO GO TO COURT?

WE FIND SURPRISINGLY, IT DOESN'T TAKE A LOT OF COURSE.

WHEN PEOPLE'S LIVES ARE ON THE LINE, IT IS NOT LIKE MISSING A CYCLE WHICH IS A OR YOU HAVE TO PAY $20.

THEY'RE LOSING THEIR FREEDOM.

WE FOUND WITH NEW JERSEY, WHICH REMOVED CASH BAIL, MARYLAND, D.C., THEY PROVIDED THINGS LIKE ELECTRONIC MONITORING, HOME ARREST, PRETRIAL SERVICES, FOR DRUG ADDICTION, ALCOHOLISM, TO KEEP PEOPLE IN THEIR HOMES WITH THEIR FAMILIES SO THEY CAN GO TO WORK.

THEY WON'T LOSE THEIR JOB.

THEIR FAMILY WON'T LOSE THEIR HOME.

AND WE CAN STOP COMPOUNDING THESE PROBLEMS THAT CREATE MORE CRIME.

AND IS THERE ANY INDICATION OF WHETHER THIS WILL ALSO HELP TO LOWER THE NUMBER OF PEOPLE WHO ARE IN JAIL?

BECAUSE AS WE'VE HEARD, A LOT OF PEOPLE SIT IN JAIL FOR A VERY LONG TIME WAITING FOR THE COURT SYSTEM ON BRING THEM UP TO TRIAL.

YES.

ROB F. KENNEDY REPRESENTED PEDRO HERNANDEZ, A TEAM FOR THE BRONX.

AN HONOR STUDENT FALSELY ACCUSED OF SHOOTING SOMEONE, WAS HELD IN REICHERS FOR 11 MONTHS WITHOUT TRIAL.

BECAUSE HE WOULD NOT PLEAD GUILTY IN A PLEA DEAL.

AND HE MAINTAINED HIS INNOCENCE THE ENTIRE TIME.

AS SOON AS HE WAS LET OUT.

AS SOON AS WE SECURED HIS RELEASE.

THE CHARGES WERE DROPPED.

BECAUSE PROSECUTORS UNDERSTOOD THAT THE ONLY CASE THEY HAD AGAINST HIM WAS TO KEEP HIM IN A VIOLENT PRISON, TO THREATEN HIM EVERY DAY WITH LARGER SENTENCES, WITH LONGER TIME, AND AS SOON AS THEY COULDN'T MANIPULATE PEDRO, LIKE SO MANY OTHERS INTO PLEA AGREEMENTS, THE CASE VANISHED.

WHAT ABOUT THE IDEA OF ALL OF THIS CASH THAT'S RAISED FROM THE BAIL SYSTEM?

FIRST OF ALL, DO WE KNOW WHERE IT IS GOING?

WHERE IT WAS BEING COLLECTED?

AND WITH THIS THEORY BUDGET HOLE, SOMETHING WILL HAVE TO FILL IT.

YEAH.

ONE OF THE INTERESTING THINGS IS TO FOLLOW THE MONEY HERE AND SEE THAT THIS IS SUCH A HOT TOPIC.

A LOT OF PEOPLE MAKE A LOT OF MONEY.

BAIL BONDS, FEES FOR THE CITY.

THESE ARE DECEPTIVE.

BECAUSE NEW YORK CITY MADE ABOUT $2.5 MILLION ON BAIL FEES LAST YEAR.

WE SPENT $100 MILLION KEEPING THOSE PEOPLE IN JAIL PRETRIAL.

ABOUT $200,000 PER DETAINEE.

AND NOBODY, DEMOCRAT, REPUBLICAN, POLICE OFFICERS, EDUCATORS, LIBERAL CONSERVATIVES, WOULD ARGUE THAT WE'RE BETTER OFF SPENDING $200,000 JAILING A TEENAGER, RATHER THAN GETTING THEM SOME HELP AND GETTING THEM IN SCHOOL.

THE COST SAVINGS FROM JUST NOT INCARCERATING SO MANY PEOPLE WILL MORE THAN MAKE UP FOR THE MONEY THAT'S QUITE FRANKLY GOING INTO PRIVATE HANDS ANYWAY.

IT IS NOT MONEY MAKING IT BACK TO THE STATES.

IT IS ENRICHING BAIL BONDSMEN, MIDDLE MEN, AND PEOPLE THAT KEEP THIS SYSTEM GOING.

WELL, ONE OF THE THINGS I WANT TO CIRCLE BACK TO IS THE REBUTTAL THAT THE D.A. PUBLISHED IN THE DAILY NEWS.

IN CASES THAT HAVE BEEN OUTLINED IN THE LAW AND EXISTS ALREADY, DOMESTIC VIOLENCE, SEX OFFENSES, THEY ARE REIMAGINEDED INTO CUSTODY.

IT IS NOT LIKE WE'RE CATCHING AND RELEASING PEOPLE THAT HAVE MURDERED PEOPLE, OR THAT BAIL CAN BE EASILY ARGUED.

THE ONLY DIFFERENCE HERE IS NOW THE JUDGES HAVE TO ACTUALLY SHOW A LEGAL REASON.

ALL RIGHT.

WELL, LISTEN, THANK YOU DEFINITELY FOR YOUR WORK FOR THE MASSIVE BAILOUT.

THAT SOUNDS LIKE IT WAS INCREDIBLY IMPORTANT AND ILLUSTRATED A HUGE PROBLEM WITH OUR JUDICIAL SYSTEM.

BUT ALSO, WE'LL BE FOLLOWING THE STORY TO SEE HOW IT DEVELOPS.

THANK YOU.

THANK YOU.