Critics of the current system complain that it effectively keeps poor people accused of low-level, non-violent offenses in jail because they cannot get bonds for relatively small amounts, such as $1,000 or $2,000. It is unprofitable for bondsmen to deal with such clients, said Steven Banks, attorney-in-chief of the Legal Aid Society.
In his address, Lippman said his reforms would lessen the reliance of the criminal justice system on a bail bond industry that exercises "enormous influence over who is released pending trial and who stays in jail" with "precious little public accountability." He called for testing whether the profit motive can be taken out of bond making, citing the example of The Bronx Defenders, which created a special fund to help low-income defendants make bail.
The chief judge also pointed to a supervised release program in Kentucky that he said has saved the state about $31 million since 2005 in lower detention costs.
In both the Bronx and Kentucky programs, Lippman said participants returned to court at a rate of 90 percent or better.
Lippman said the Unified Court System is working with the Center for Court Innovation to develop a supervised release program in New York City for misdemeanor defendants now being detained.
Assembly Codes Committee Chairman Joseph Lentol, who attended Lippman's speech, said he wanted to know more about the chief judge's plans for the bail system.
"I thought it was an excellent proposal," said Lentol, D-Brooklyn. "Public safety is a concern for all of us, and we have to be mindful of it when setting bail."
Wrongful Convictions
On another criminal justice topic, Lippman said more must be done to prevent wrongful convictions.
He applauded passage of a law last year, urged by the courts' Justice Task Force, expanding the DNA database and giving defendants greater access. And he joined Governor Andrew Cuomo in supporting the mandatory videotaping of interrogations of those accused of felonies and the institution of lineup procedures that shield suspects' identities from test administrators.
He renewed his proposal for raising the age of criminal responsibility to 18 from 16 (NYLJ, Sept. 22, 2011) but said he would make changes to alleviate concerns about costs.
For one thing, Lippman said, the program the courts submit to the Legislature would require the courts to reimburse local probation departments for added costs. And he said the legislation would permit the holding of 16- and 17-year-olds in adult jails—but separate from adult offenders—rather than requiring their relocation to extremely expensive juvenile facilities.
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Avon
The previous commenter has a bit of homework to do!
- Better read the US Constitution before proposing that anyone charged with a violent crime be automatically denied bail. We had a Revolution against the tyranny of a kingdom that presumed folks guilty til proven innocent. Let's not go there now.
- Better read the NY Constitution before proposing that the Chief Judge dictate laws about police procedure. (I personally doubt that Lippman would be silent for even two seconds if a case on videotaping all interrogations and police stops actually did come before the Court.)
- And we'd all probably better read the proposal that "'low-cost' guidance from qualified non-attorneys on simpler legal matters" be allowed. Guidance on simple matters is not necessarily legal advice. Helping someone do the Small Claims Court process is pretty common, and there ought to be more help like that out there. Let's see what the plan is before we decide how wrong it is, or isn't!
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Michael
Great...so now, in addition to the 'numerous arrests as a juevenile' we get to read about career criminals, we get the joy of having even more career criminals ROR'd or released with little bail? Guess it would make too much sense to simply say, anyone charged with a violent crime will not be afforded bail? And now, non-attorneys can give legal advice? Makes as much sense as requiring pro bono work, from students who aren't even attorneys yet. Lawyers protecting each other....even when they are old-as-dirt judges. Amazing how SILENT Judge Limpman has been on videotaping ALL INTERROGATIONS and utilizing DASH CAMS in police cars (guess irrefutable proof of guilt/innocence would take a lot of money from judicial coffers, huh?). At least his genius arse called the extra-judicial interviews in Queens Central Booking unconstitutional...oh wait, he didn't do that either. Seems these dopey judges prefer endangering the citizenry, with all the loopholes and tricks they are using to release EVEN MORE CAREER CRIMINALS back onto the streets. Bet if they lived next to the Judge, he would not do such inanity.
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