Time to Reform Bail Reform

Five years ago New York state adopted “bail reform” which essentially eliminated bail for every arrestee except for murderers and rapists. Two years earlier the Massachusetts Supreme Judicial Court announced the “Brangan Doctrine,” requiring judges to consider an arrestee’s ability to pay as the primary consideration when setting bail. This has resulted in most offenders being released on low or zero bail, even after dozens of prior arrests. Similar laws or judicially-imposed limits on bail are in place in cities that include Chicago, Philadelphia, Seattle, Austin and DC.  Some of these “reforms” were adopted by cities and counties, some were imposed by progressive District Attorneys, some came from the legislature and some were ordered by judges. After the progressive District Attorney in Los Angeles was voted out last fall, his broad zero bail policy was abandoned by the new DA. But under California law those arrested for almost all property crimes, including auto theft and most drug crimes, still require release without bail.  The California Supreme Court is currently considering a “Brangan doctrine” approach to bail in a case called In re Kowalczyk, which, based on the court’s decision, could impose the ability-to-pay rule for the entire state. CJLF filed argument in opposition in that case.  In places where these reforms are the law, the criminal justice system has become a revolving door, with criminals arrested for serious crimes such assault, illegal possession of firearms and trafficking deadly drugs such as fentanyl, and released back to the streets before the ink is dry on the police report.

Alvin Buyinza and Ryan Mancini of masslive.com  report that Springfield Mayor Dominic Sarno, a democrat, is speaking out about the number of armed repeat offenders constantly being arrested and released in his city. On March 12, one repeat offender with 43 adult arraignments removed his ankle monitor and led police on a high-speed chase that resulted in injuries to a state trooper.  At the time of his arrest he was out on low bail for two previous firearms convictions and had two cases pending trial for illegal possession of firearms.

“We have a revolving door of repeat, violent, gun-toting, poison-dealing offenders who are not being held as they should,” Sarno said in a statement. “These numerous crimes, again one suspect with 25 gun charges by age 21 and two current open gun cases, could be prevented along with the injury to a State Trooper and the threat to the safety of our residents and community. I continue to question, what it will take for our court system to take action and protect our community.”

Many of New York’s worst criminals committed murders and rapes after being set free following their arrest for previous crimes. This includes gang members and mentally ill offenders with dozens of prior arrests. Guy Rivera, who killed a NYPD officer last November had 20 prior arrests. Another man who killed three New Yorkers during a November stabbing spree had nine prior arrests in one year. Both had cases pending and were free on bail. The same is true in Chicago, which earned the title of America’s “murder capital” for 2024 with 573 murders and the highest per-capita murder rate of the nation’s 75 largest cities. One of the murderers, habitual felon Demell Goven, with priors for robbery, guns, and drug trafficking, shot a man dead last year two weeks after he was released on low bail.

Some big city politicians such as DC Mayor Muriel Bowser and NYC Mayor Eric Adams,  both democrats, appear to recognize that sentencing and bail reform policies are allowing increases in crime by repeat offenders and both are calling for change.  But other democrats like Chicago Mayor Brandon Johnson and Austin, TX Mayor Kirk Watson seem disinterested in cracking-down on repeat offenders and their city’s crime rates reflect this.

Ultimately, it will fall to the voters to decide if the politicians that put bail and sentencing reform policies in place deserve to remain in office as more and more innocent people become crime victims.