Timeline: How New York's bail reform law came to be

Kalief Browder takes his life after returning home from Rikers Island, an experience his parents said was "tantamount to torture," adding Browder was subjected to physical and mental abuse. Browder was held as a teenager for three years pre-trial after being unable to post a $3,000 bail after being accused of stealing a backpack. His robbery charges were later dropped because of a lack of evidence. Browder became the example of the impact of a cash bail system, spurring outrage and mounting pressure for reforms.

During Gov. Andrew Cuomo's State of the State address, he calls for criminal justice reforms, saying:

"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind and her scales are still not balanced. Our bail system is biased against the poor, too many jails are cruel and inhumane, and our court system is too slow."

Democrats win control of the State Senate for only the third time in 50 years, creating a super majority in the legislature and governor's mansion, clearing the way for more progressive policies to be passed.  

The New York State Legislature passes bail reform laws eliminating money bail and pre-trial detention in nearly all misdemeanor and non-violent felony cases. It made supervised release more widely available despite a defendant's criminal history. It requires judges to consider a defendant's financial means when setting bail and not pose an undue hardship. Judges also have to allow more forms of bail payment.

The supervised release program is expanded in anticipation of the implementation of bail reform. It allows judges to mandate supportive programing while working to ensure defendants released pre-trial return to court. 

Overall crime reaches record lows in New York City, despite murder and shooting incidents increasing from 2018. The improvement is attributed to more effective NYPD strategies. 

Bail reform goes into effect. New York joins New Jersey, Chicago, Philadelphia and other jurisdictions to implement sweeping changes to bail laws.

Gov. Cuomo declares a state of emergency in response to the coronavirus pandemic. New York City quickly becomes the epicenter of the virus. Court hearings became virtual and jury trials were cancelled, causing a delay in the adjudication of cases. COVID created a hardship for law enforcement, as departments were hit hard with sickness, stretching their resources thin. 

Bail reform amendments pass after the initial statute received widespread criticism. It expanded the list of bail-eligible offenses, especially in regards to non-violent felonies. It allowed judges to impose more conditions on pre-trial release, including treatment, maintaining employment and continuing education. It also added reporting provisions to chart outcomes.  

Bail reform changes take effect.  

Starting in the summer, there was an overall spike in crime, mirroring trends seen in cities across the nation. The year ended with a 97% increase in shootings, a 44% increase in murders, 42% increase in burglaries and 67% increase in car thefts in the city. The NYPD made arrests in 32% of shooting incidents.  

Judges began setting bail more often in cases where they still had discretion when compared to the previous year. While politicians, law enforcement and others linked the spike to bail reform, researchers and criminologists say the data doesn't make the correlation. 

The city jail population exceeds 5,000 for the first time since March 2020 and continues to increase. During the height of the pandemic in 2020, the population on Rikers Island reached 3,809, as temporary orders allowed for the release of some detainees as the virus spread rapidly.  

The Democratic Suffolk and Nassau County district attorneys were upset, as GOP candidates campaigning against bail reform on Long Island unseated incumbents in what was described as a "red wave."

During a contentious hearing with state lawmakers, Mayor Eric Adams demanded changes to bail reform laws. Specifically, he wants people arrested on gun charges to be held without bail. He also wants judges to consider a defendant to reoffend during arraignments. 

Long Island lawmakers push to add arson to the list of bail-eligible offenses.  

Gov. Kathy Hochul's 10-point plan for public safety, being negotiated privately with lawmakers, would give judges more discretion to detain criminal defendants out on bail, make repeat offenders subject to arrest and bail eligible. It would also make gun related offenses bail eligible.