BUFFALO, N.Y. (WKBW) — Let's have the conversation.
Bail reform has been making headlines in Western New York for years.
But I want to go beyond the headline and ask the question: are we reaching a boiling point?
To answer that, I spoke to a variety of voices on both sides of the issue to talk through the impact and a path forward.
The Bail Reform Advocate
Jerome Wright told me bail reform is saving lives.
"Bail reform helps individuals change their lives if something is wrong. This law is about writing historical wrongs," said Wright, Chair of the Erie County Corrections Advisory Board.
I also raised the question: who's benefitting from bail reform? In response, I've heard that there are success stories, those who have turned their lives around, but we don't often hear from them.
Wright said people thrive when given a second chance, here's what he said about what it's like to sit in jail.
"You sit all day and you do absolutely nothing. There's nothing. When you could be in the community, working," said Wright. "Your life is lost right there. The first time I was arrested I was numb. You don't know what's gonna happen."
He said when bail is involved, it disproportionately affects people of color and disadvantaged communities.
"Why should how much money I have in my pocket determine whether or not I'm locked up? There wouldn't have been bail reform if there weren't significant problems to begin with...people just don't reform something that's working right?"
He said he'll fight any efforts to repeal bail reform.
"The campaign that I was a part of would not allow that to happen. We're not going back," said Wright.
The Concerned Community Group
Nick Brzezniak and James Dunshie are the Chairman and Co-Chairman of the Western New York Association of Gun Education. They told me their organization is focused on public safety and education.
"There's too many people that are scared right now," said Brzezniak. "It's more about the minority group, the criminals, not about the majority, we have to worry about the majority and they're not safer. It's about us, not about them."
They even hosted a public forum about it in the summer of 2024.
They said they've worked with Sheriff John Garcia, who echoed their sentiments and sent this statement:
"Unfortunately, many of the criminal justice reforms implemented across New York State over the past several years put victims last. Had law enforcement agencies, prosecutors and judges been consulted as these policies were being developed, we would have pointed that out. As long as I am Sheriff of Erie County, my Office will always stand up for victims and their families."
The Former District Attorney
John Flynn was the District Attorney in Erie County when bail reform was passed and said it's had a huge impact on the way offenders think.
"There is no more fear," said Flynn. "Without that accountability, that fear, then what you see are repeat offenders."
He said many know that all they'll get is an appearance ticket.
"It affects the quality of life crimes. The loitering, the public trespass, the nuisance, the larceny, the criminal mischief. The person who's selling drugs, if they get caught isn't going to jail."
The Researcher
Is there a correlation between bail reform and crime? Researcher Ames Grawert at the Brennan Center for Justice said no.
"That was a real perfect storm of other factors," said Grawert, Senior Counsel at the Brennan Center
He co-authored this report, which looked at data from 33 cities, including Buffalo.
He said it all comes down to timing. Bail reform went into effect in 2020.
"2020 is also a year we saw crime go up very dramatically in the state and in fact in the nation as a whole," said Grawert. "In fact, the relationship is much more complicated, we saw crime go up very dramatically in states that had bail reform and states that didn't have bail reform."
So should we be doing something to make people safer? Grawert said yes. Is it changing bail reform policy? Grawert said not really.
The Lawmakers
So now to the people who can actually make change.
Newly elected Assemblyman Patrick Chludzinski represents Cheektowaga and said he campaigned on repealing bail reform.
Here's his full statement:
“The so-called bail reforms implemented a few years ago have created a revolving door justice system that enables criminals, makes it more difficult for law enforcement to effectively fulfill their responsibilities, and in turn makes the communities they serve far less safe.
I campaigned on repealing bail reform, and it is a primary component of our Assembly conference’s Public Protection policy proposals. Restoring judicial discretion, allowing judges to consider dangerousness when determining pre-trial release and making all gun crimes eligible for remand are examples of how we can bring common sense back to our courtrooms and improve the safety and quality of life for our residents.”
What are our other options? People have thrown out these ideas:
- Supervised release programs
- Giving judges more discretion on cases, even those that don't cause harm
- Eliminate bail completely, leave it up to the judges 100%
Governor Kathy Hochul has said the law doesn't need any more changes.
"Governor Hochul's top priority is to keep New Yorkers safe," a spokesperson wrote. "Which is why she has worked with the Legislature to deliver record funding to crack down on gun crimes and car thefts, repeat offenders, and further expand the types of cases where judges have the discretion to set bail."
She's also mentioned closing loopholes in the discovery process by streamlining and clarifying discovery requirements and eliminating the incentive to delay discovery challenges.
Will anything actually change? We'll have to wait and see.