I have heard varying opinions from my constituents and fellow Western New Yorkers about the bail reform law that recently went into effect in New York State. As your representative, it is my responsibility to inform you of my position and my plan to fix this flawed legislation.

What is almost universally agreed upon is that New York’s cash bail system was broken. Wealthy people charged with violent crimes were being released on bail while poor people charged with nonviolent crimes were being held because they did not have money to pay bail. A two-tiered criminal justice system cannot be allowed in the United States of America, a country that values the rule of law and the Constitution; the Eighth Amendment prohibits excessive bail.

This system has failed many, including a 16-year-old boy who was arrested for allegedly stealing a backpack and unable to afford the $3,000 bail. He was incarcerated for three years awaiting trial before the prosecution decided to drop his case. His time in jail traumatized him to the point of suicide at age 22.

While lower income individuals sit in jail for alleged petty crimes, predators like Harvey Weinstein – who has been accused by more than 80 women of everything from sexual misconduct to rape – are allowed to roam free. That is neither just nor safe.

Changes to the failed cash bail system were long overdue, and I voted to make changes as part of the 2019 omnibus budget bill.

Since the law has taken effect, there has been a concerted campaign to spread misinformation and fear, much of which has been funded by the bail bond industry – an industry that is worth more than two billion dollars and has an incentive to oppose reform. The anecdotes they offer neglect to explain that most of the people now released without bail would have been released with bail in the old system.

The old cash bail system was flawed, but I believe the reforms passed in the 2019 budget were flawed as well. My argument at the time and my argument now are the same: public safety should be considered when determining whether to release an individual who has been charged with a violent crime. That is why I introduced a bill last March that would fix both the old cash bail system and the flaws in the reformed system by creating a system of dangerousness hearings.

The bill, known as the “Justice for Rachael Act,” was written in honor of Rachael Wierzbicki, who was tragically killed in November 2018 in a domestic violence dispute. Her alleged murderer was released on bail and for the days he was out, her family lived in terror. No family should have to go through what they have gone through. This legislation, if passed, will allow judges to keep dangerous individuals detained pretrial, regardless of how much money they have.

We’re building momentum for the “Justice for Rachael Act,” and have received support from the West Seneca, Orchard Park, and Tonawanda Town Boards, the City of Buffalo South District Council Office, law enforcement, and domestic violence advocates. I believe in this legislation and I will keep fighting to get it passed for Rachael’s family and the good of all New Yorkers.