Sheriff Puts Faces To New Bail Reform Law, Calls For Repeal

RIVERHEAD, NY — Sweeping new bail reform legislation needs to be repealed, according to Suffolk County Sheriff Errol Toulon. Toulon said on Wednesday that the new bail reform legislation "directly impacts the residents of Suffolk County and New York State as a whole."

The measure, which ended cash bail for all misdemeanor and nonviolent felony charges in New York State, took effect Jan. 1st.

In Suffolk County, 301 inmates were released by the courts under the new law in the month leading up to its enactment, a release from Toulon's office said. The individuals are inmates who otherwise would have been held on bail or bond, depending on the severity of the crime and the defendant’s past criminal history, the release added.

“Judges used to have some discretion on whether or not an individual should be held on bail,” Toulon said. “Now, it is black and white — no bail for these crimes, regardless of the impact to the community. The offender will be given a court date and told to come back for court.”

Toulon put human faces to four of the inmates who, the release said, "have a history of recidivism."

Lonnie Pernell, 23, of Centerport, "was in and out of the Yaphank Correctional Facility five times during the months of November and December" on first degree criminal contempt charges, the sheriff's office said in the release. "Each time, he was released on his own recognizance under the guidelines of the new bail reform law. Mr. Pernell, who is reportedly homeless, was arrested for continued intentional disobedience or resistance of the lawful order of the court by violating that court’s order," the release from Toulon's office said. "After each arrest he was released on his own recognizance just to reoffend again. In the past, the judge could have used this information to set a higher bail each time or even remand him to jail without bail. Now, he must be released with a date to return to court," the release added.

Dwayne Ross, 46, of Shirley, was arrested in early December and charged with second degree strangulation, the release from Toulon's office said. "He posted a bond and was released, only to be arrested two weeks later for criminal contempt in the second degree. The judge was unable to use his recent arrest for strangulation as a factor in the decision of whether or not to set bail. The new law makes it clear: Mr. Ross must be released on his own recognizance, regardless of his criminal history or threat to the community," the release from the sheriff's office added.

The new bail reform law also allows for the court to accept a partially secured bail bond through the court system, rather than through a bail bondsman, the release said.

Fidel Portillo, 39, of El Salvador, was arrested in July, 2019 and charged with first degree rape and first degree course of sexual conduct with a child, Toulon's release said. He was held on $200,000 bail / $400,000 bond; on December 30, under the new court provided partially secured bond, he was released after posting just 10% of his bond, or $40,000, and surrendering his passport, the sheriff's office said. Portillo has a court date on January 14.

Dwayne Robinson, 33, of Amityville, recently posted bond after being arrested and charged with second degree for assault, Toulon's release said. Despite his alleged crime and association with the Bloods street gang, under the new bail reform law he was able to post a small bond of $5,000 and was released," the release from the sheriff's office said.

Many of the crimes covered under the new bail reform legislation "are surprising to New York residents who do not find them to be 'non-violent,'" the release said.

Some crimes included in the bail reform legislation include third degree assault; aggravated vehicular assault; aggravated assault upon a person less than eleven years old; criminally negligent homicide; aggravated vehicular homicide; second degree manslaughter; first degree unlawful imprisonment; first degree coercion; third and fourth degree arson; first degree grand larceny; criminal possession of a weapon on school grounds or criminal possession of a firearm; specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child; promoting an obscene sexual performance by a child; possessing an obscene sexual performance by a child; and promoting a sexual performance by a child.

In addition to the safety concerns of repeat offenders and potentially violent criminals walking the streets, the defendants impacted by the bail reform legislation, the release said, will never enter the correctional facility and avail themselves of the programs and services available while incarcerated in Suffolk County.

"Inmates often detox upon entering the facility, coming off of drugs and alcohol in a safe environment. They can then begin addiction programs, therapy programs, high school equivalency classes, specialized youth and 55+ housing areas, and more. If these offenders are not remanded by the courts, the chances of them entering a program are very slim," the release said said.

Human trafficking is also a "big problem in Suffolk County, and many human trafficking victims are only identified and helped once they enter the facility on an unrelated charge," the release said.

Once in the facility, steps are taken to identify those victims and help them move on from their traffickers, the release said.

The release of 301 inmates under this new legislation is deeply concerning, Toulon said. “As we look at the effects of the ‘official’ enactment of bail reform, there are clearly serious issues with this state law. Judges must have discretion to determine bail based on a criminal defendant’s likelihood to re-offend and cause further pain to his or her victims and the public at large," Toulon said, adding, “The New York State legislature should amend or repeal bail reform now.”

Other law enforcement officials weighed in. "The bail reform changes are only one segment of the criminal justice reforms that the New York State Legislature enacted that are extremely troublesome and ill-conceived," said Southold Town Police Chief Martin Flatley. "Some of the serious crimes where our court systems are not allowed to hold suspects on bail were not thought out before enacting, which they are realizing now. I don’t agree with not allowing our judges to have discretion in a suspect’s bail status, taking into consideration the public’s safety and the safety of the victim of the crime — the victims of crimes are who we are supposed to be supporting."

The New York State Legislature, Flatley said, "must revisit this topic and consult with law enforcement, the courts and the District Attorney's Office this time around, rather than blindly passing laws such as this without any input from the professionals that are sworn to uphold these laws."

Responding to the bail reform backlash,New York State Governor Andrew Cuomo responded, according to cbslocal.com,“There’s no doubt this is still a work in progress, and there are other changes that have to be made."

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