In 2019, Democrats in New York were feeling pretty good. New York City had its first two-term Democratic mayor since the 1980s. Democrats controlled the Governor’s mansion in Albany and every other statewide office. We controlled the State Assembly and the State Senate – both with commanding majorities.
Washington, of course, was a mess. One party was in the thrall of a former game show host, and they were too afraid of upsetting him to get anything done. Say what you will about New York’s one-party rule. But here, at least, there was a real opportunity to make progress for people in need.
So that year, Democrats in Albany took a big swing. They finally reformed the cash bail laws that had, for decades, made a mockery of our criminal justice system and didn’t make us any safer. Prior to these reforms, many New Yorkers accused of low-level crimes ostensibly had two options. They could sit in jail while they waited for their day in court, unable to work or prepare their defense. Or they could buy their way out.
But those options were only available to people with money. The ones who could afford to pay up of course did so. But many couldn’t – and so a disastrous, two-tiered criminal justice system took hold: one for the rich, and another for the poor. No New Yorker was any safer for rich people buying their way out, or poor people languishing in jail.
The reforms took away cash bail for low-level offenses, while maintaining it for alleged very serious or violent ones. They reunited countless New Yorkers with their families. They kept people who hadn’t been convicted of anything out of Rikers Island and other hellish jails. They finally made an unfair, racist system a little fairer.
And then the storm came.
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