Under Bail Reform, Remanded Inmates Down 64% Since Jan. 1: Toulon

RIVERHEAD, NY — Under New York State’s new bail reform law, which took full effect on January 1, defendants who once would have been remanded to county jails on bail for misdemeanors and some felony charges are now required by the law to be released on their own recognizance from court.

According to a release from Suffolk County Sheriff Errol Toulon, who has spoken out against the bail reform legislation and called for its repeal, in Suffolk County, from January 1 to January 20, the time period since the legislation took effect, remanded inmates are down 64% from the same time period last year.

As previously reported, 301 inmates were released from the Suffolk County Correctional Facility from November 15 through December 31 in anticipation of the law; that number reflects inmates who could no longer be held on bail or bond, regardless of the severity of the crime, and the defendant’s past criminal history, the release said.

Since Jan. 1, 172 individuals have been remanded by the courts to the jail, as compared to 475 during the same period last year, the release added.

On Tuesday, Toulon the joined Nassau County Executive Laura Curran and top law enforcement officials from Long Island in creating a new “Common Sense” coalition to recommend changes to the bail reform law. The recommendations are expected to be sent to State lawmakers this week, the release 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,'" a previous release from Toulon's office 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.

Jail can be an opportunity for individuals to connect with substance abuse and mental health services before individuals are released back into communities — and even a brief stay can positively affect those inmates, and give crime victims an opportunity to create a safety plan, Toulon has said.

“We have to stop looking at jail time as just punitive. It can be a time for intervention. It can be that moment in someone’s life that sets them on a path towards recovery," Toulon said.

The sheriff also voiced concerns for general public safety. “Releasing repeat recidivists, violent individuals, and those with substance abuse and mental health problems immediately back into communities following an arrest poses significant public safety risks for innocent victims," he said.