For immediate release:

Contact: 518.598.8968

DISTRICT ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK

SUPPORT NEW YORK STATE JUSTICE TASK FORCE
RECOMMENDATIONS ON ENDING CASH BAIL IN NEW YORK STATE:

After studying the issue for 21 months, the New York State Justice Task Force released a
report setting forth a number of recommendations regarding ending the use of cash bail in
New York State. The District Attorneys Association of the State of New York
(DAASNY) endorsed the recommendations contained in the report and urged lawmakers
in Albany to examine the report and embrace some of the specific elements of the report
in their efforts to improve the bail system in our State. (Full Task Report attached.)

“Our number one concern is to make sure any changes to the bail system in New York
are safe and meaningful,” said DAASNY President Albany County District Attorney
David Soares. “Defendants charged with certain non-violent crimes should be
presumptively released. But there are a small number of crimes which we believe
prosecutors should have the opportunity to rebut the presumption of release at
arraignment.”

The Justice Task Force was formed to eradicate wrongful convictions, promote fairness,
effectiveness and efficiency in the criminal justice system. The task force is comprised of
a broad cross- section of the criminal justice community including judges, prosecutors,
defense attorneys, law enforcement officials and victims advocates.

“I have been continuously impressed with the professionalism and intelligence of all the
participants at these meetings. While everyone at the table does not necessarily agree on
every given topic, I can assure you that all the elements and proposals were thoroughly
discussed and vetted by this group,” said President Soares. “I can only hope our
lawmakers in Albany take the time to do the same.”

In sum, the Task Force is recommending a presumption that defendants facing

misdemeanors and certain non-violent felonies be released without bail, either on their
own or with the least restrictive non-monetary conditions to ensure return to court. The
report recommends that this should not apply to defendants facing a life sentence or those
charged with non-violent Class B felonies carrying a mandatory state prison term. The
report also recommends that it should not apply to conspiracy to commit any of these
crimes.

“The Task Force also recommended that the presumption of release could be rebutted if
there is a significant risk the defendant will not return to court or if the defendant poses a
credible threat to an identifiable person or group of persons,” said President Soares. “I
believe this would still provide prosecutors with the tools to make sure that dangerous
people are not out on the streets causing further harm.”

DAASNY was formed in 1909 as an organization for prosecutors in the State of New
York to provide for the exchange of information and views with respect to the conduct of
their offices, the New York State criminal justice system and the criminal law and
operation. DAASNY encourages and fosters communication, cooperation, training and
consultation among and on behalf of the district attorneys and their staffs for matters
concerning the prosecution of crime in New York State.

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