Legislation Helps Poor Defendants Meet Bail

Charitable Bond Organizations Will Be Allowed to Provide No More Than $2,000 in Bail

Governor Andrew M. Cuomo today signed legislation that will allow the creation of charitable organizations in New York State which could post up to $2,000 in bail for low-income defendants charged with misdemeanor crimes.

"It is unacceptable for defendants to have to spend time in jail for low-level crimes they may have not committed simply because they are unable to meet the bail requirement," Governor Cuomo said.

"This law to allow the creation of not-for-profit charitable groups to cover the cost of bail for poor individuals held on a misdemeanor charge will help ensure that the state's justice system works for all defendants regardless of their income."

Before this legislation, organizations that desired to post bail on behalf of a defendant would have to meet the requirements of state law that are designed to regulate for-profit corporations engaged full-time in the bail bond business.

The law will allow a new type of entity, charitable bail organizations, to function with fewer requirements but still under the oversight and regulation of the Department of Financial Services.

Charitable bond organizations will be allowed to provide no more than $2,000 in bail, and only for defendants charged with one or more misdemeanors who are financially unable to post bail. They will be required to register as a 501(c)(3) organization and may not charge a premium or fee for their services The law takes effect in 90 days.

"Justice should not depend on the size of your wallet. Charitable Bail Organizations could help thousands of New Yorkers who would otherwise languish in jails, often losing their jobs and facing long-term collateral consequences, just because they can’t afford a small amount of bail to fight their case,” said Assembly Member Jeffrion Aubry.

“The inability to post bail on minor charges shouldn’t put low income people at a disadvantage in our justice system. Charitable Bail Organizations are an important step toward leveling the playing field."

Assembly Member Keith Wright added, “This common sense legislation helps level the playing field for low income individuals who are charged with misdemeanor crimes. For too long, our justice system has disproportionately impacted low income communities, leading to disruptions in the workplace and in the household. This legislation helps end that inequality. Governor Cuomo has made this type of pragmatic legislation a cornerstone of his administration and communities like Harlem will surely benefit from his wise decision to sign it into law."