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09-19-2024 Illinois
Chicago Police Superintendent Larry Snelling Claims That Machine Gun Possession Is Not Eligible For Pretrial Detention

In an op-ed published by the Chicago Tribune, Chicago Police Superintendent Snelling claimed that the Pretrial Fairness Act prevents judges from detaining people pretrial for the possession of a machine gun.

Fact Check: FALSE

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Possession of a machine gun is and always has been a detention-eligible offense under the Pretrial Fairness provisions of the SAFE-T Act, and is detainable under both the safety and willful flight bases.

08-09-2024 Illinois
Rock Island State’s Attorney Spreading Misinformation About the Pretrial Fairness Act

In an interview for KWQC news, Rock Island State’s Attorney Dora Villareal told several untruths about the Pretrial Fairness Act. Among them were misleading statements suggesting that the end of money bond is responsible for too many people being released pretrial, and that she has no authority to detain people charged with crimes like aggravated battery and possession of stolen motor vehicles.

Fact Check: FALSE

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State’s Attorney Villareal suggests that 75% of defendants are released pretrial solely because of the Pretrial Fairness Act. But data suggests otherwise. In the 14th Judicial Circuit, which includes Rock Island, 80% of people facing felony charges were in the community awaiting trial prior to implementation of the Pretrial Fairness Act. Under the old money bond system, people accused of aggravated battery of a police officer or aggravated battery of a doctor could not be denied pretrial release.

07-25-2024 New York
Albany Voters Reject District Attorney David Soares’ Fearmongering and Hyper-carceral Agenda

Albany community members sent a strong message to politicians and prosecutors in New York and across the country: Stop fearmongering and lying about bail reform, pretrial freedom, and other justice issues and start supporting solutions, or we’ll oust you.

Fact Check: Bail Reform Works

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Soares had long aligned himself with conservative lawmakers and law enforcement unions as he advocated for hyper-carceral policies, but Albany voters saw through Soares’ misinformation and fearmongering. The Albany DA race sends a clear message to politicians and prosecutors: New Yorkers know that bail reform makes our communities safer, and fearmongering around bail reform is a losing political strategy.

04-23-2024 New York
Law Enforcement-Led "Consortium" Wants To Reinstate Failed Policies

A law enforcement-led “Consortium for Safe Communities” claims it wants to “fix bail reform”.

Fact Check: False

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But a review of the Consortium’s proposed policy changes clearly demonstrates that what the law enforcement-led organization truly desires is to end bail reform in New York and return to a wealth-based, unfair system where people must buy their own freedom

04-09-2024 Illinois
Sheriffs’ Association Weaponizes Death of Deputy to Argue for Rolling Back Pretrial Reform

In the wake of Deputy Musil’s death, the Illinois Sheriffs’ Association claimed that the Pretrial Fairness Act was responsible for the release of Nathan Sweeney, the truck driver accused of crashing into Deputy Musil’s vehicle and killing her.

Fact Check: FALSE

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The Pretrial Fairness Act allowed for detention and the Dekalb County State’s Attorney petitioned for it. After hearing arguments from the defense and prosecution, the judge chose to release Mr.Sweeney and was not "forced" by the law to do so.

03-04-2024 New York
NYPD, Media Outlets Cruelly Dehumanize Man, Fearmonger About Bail Reform

Law enforcement officials dehumanized a New Yorker in a series of depraved news articles and social media posts about a man arrested multiple times in the city’s transit system.

Fact Check: False, Cruel

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Beyond fearmongering and lying about bail reform, the articles and posts prove the point that law enforcement care only about jailing more New Yorkers. NYPD named the wrong judge and wrong DA in its critical posts. Above all, law enforcement’s attacks on the man are cruel and serve to obfuscate NYPD’s own ineptitude and ineffectiveness.

02-16-2024 New York
Study finds more proof bail reform works

A study on the effects of bail reform concludes, once again, that bail reform does not increase crime. Eliminating the ability of judges to detain someone accused of a crime does not drive crime and may in fact reduce crime.

Fact Check: Bail Reform Works

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Due to a mistaken belief about relevant legal standards, the study makes an incorrect conclusion relating to recidivism in people charged with bail eligible crimes.

02-08-2024 Illinois
Cook County Sheriff Tom Dart Spreads Disinformation about Electronic Monitoring Reforms

Following the arrest of a man awaiting trial on electronic monitoring, Sheriff Dart claimed his office was unable to track his whereabouts because of the essential movement provisions of the Pretrial Fairness Act.

Fact Check: FALSE

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There is nothing in Illinois law requiring the Sheriff to stop tracking individuals on electronic monitoring.

02-06-2024 New York
Leaders, media falsely link Times Square assault to bail reform

Law enforcement, political leaders, and media outlets have seized the story of an assault on a police officer to baselessly link the incident to New York’s bail reform laws.

Fact Check: False

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Not only does the case have nothing to do with bail reform, but the Manhattan District Attorney’s Office has been transparent in its challenge of identifying the people responsible and their relative levels of culpability. Innocent people should not be jailed indefinitely.

01-25-2024 Illinois
Will County Judge Erroneously Blames the Pretrial Fairness Act for the Required Release of a Woman Accused of a Non-Violent Class 4 felony offense.

A Will County Judge blamed the Pretrial Fairness Act for his inability to detain Kyleigh Cleveland-Singleton, who has been charged with obstruction of justice, a class 4 non-violent felony. She was not accused of any violence.

Fact Check: FALSE

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Class 4 non-violent felony offenses were not detainable offenses even prior to the Pretrial Fairness Act. The only option a judge had under the old system was to order a money bond, which if paid, would guarantee an individual’s release.

01-22-2024 Illinois
Kendall County State’s Attorney Eric Weis Spreads Misinformation About the Pretrial Fairness Act

In an interview with WSPY News, State’s Attorney Eric Weis suggests that the elimination of cash bail creates a “release and reoffend” cycle that is causing an increase in cases. “You know, certain people can’t be held, so they go out commit crime [sic], get released, they go out and commit a crime, get released, and again, the numbers just continue to go up,” said S.A. Weis.

Fact Check: FALSE

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While the Pretrial Fairness Act does eliminate the use of wealth-based pretrial incarceration, and mandates that many arrested individuals are given a chance to succeed on pretrial release, it does not eliminate the court’s ability to jail someone awaiting trial.

01-18-2024 Illinois
Kankakee County State Attorney Jim Rowe Spreads Disinformation About Detainable Offenses

“There is no ability to detain a sex offender who has refused to register, a fentanyl dealer, or someone who steals a vehicle, and that is all absurd to me,” said Kankakee County State’s Attorney Jim Row in the Daily Journal.

Fact Check: FALSE

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Under the Pretrial Fairness Act, all Class 3 felonies and above are detainable offenses for which someone can be denied release when certain findings are made. Failure to register, distribution of controlled substances, and possession of a stolen vehicle are all felony offenses for which pretrial release may now be denied when certain findings are made—and which were not eligible for detention prior to the new law. Judges could only order a money bond, which if paid, would guarantee an individual’s release. Now judges have the power to deny release altogether when someone poses a risk of intentionally evading prosecution.

01-16-2024 New York
NY Post, Manhattan Institute Lie To New Yorkers About Discovery Reform

A recent op-ed written by a Manhattan Institute fellow is littered with misleading or outright false claims, misconstrued data, and logical fallacies about the effect of discovery reform.

Fact Check: False

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The truth is discovery reform does not cause crime and does not create any additional burden for law enforcement to furnish evidence to people charged with crimes.

12-05-2023 New York
Report Finds Media Coverage Of Pretrial Reform Fell Short

A report from the CUNY Institute for State & Local Governance found that media coverage of pretrial reform was “incomplete, and in some cases, inaccurate."

Fact Check: Misleading

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The research is yet another example that demonstrates the way sensational and cynical news coverage undermines public safety by misleading readers about the effects of common sense criminal justice reforms.

11-08-2023 New York
Lawmaker's Plan To Reduce Car Thefts Another Example of Failed Carceral Mindset

A state senator has proposed a plan to incarcerate more people in a misguided attempt to reduce car thefts.

Fact Check: Misleading

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There are already serious consequences for car theft, and Senator Jeremy Cooney’s overbroad bill fails to acknowledge the devastating implications of pretrial detention and the root causes of crime and instances of harm.

11-03-2023 Illinois
Kane County State’s Attorney Jamie Mosser Spreads Misinformation About Trespassing Cases

Kane County State’s Attorney Jamie Mosser told the Aurora Beacon about a woman with mental health issues who has been repeatedly trespassing at a home and claimed that there is nothing prosecutors can do to keep her away from the house other than for police to cite and release her.

Fact Check: FALSE

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Trespass to Residence is a Class A misdemeanor or a Class 4 felony. There is no requirement that police cite and release people for those levels of charges. Even if she was being charged with a lower level version of trespass, police would have been able to arrest this individual during the initial incident had she presented a danger to others. After the initial citation was issued, police could have arrested her if she continued to engage in criminal behavior. Prosecutors would also be able to charge the person with violating the terms of their pretrial release, and a judge could hold them in custody for that violation.

10-17-2023 Illinois
Madison County State's Attorney Denies Ability to Set Conditions on Pretrial Release

"Under the new system, there's only one option: detention. Otherwise, the individual who is charged with potentially very serious crimes walks out the door without paying a dime." Madison County State's Attorney Tom Haine in the Edwardsville Intelligencer

Fact Check: False

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The Pretrial Fairness Act eliminated money bond as a condition of release, but prosecutors can still ask for and judges can still order many other conditions of release.

10-12-2023 Illinois
Cook County Judge & Prosecutor Make False Claims About the Detention Net

In an article published by The Patch, aCook County prosecutor and a judge claimed that someone accused of strangulation cannot be denied release under the Pretrial Fairness Act. "It's compelled that the defendant be released," Cook County Judge Anthony Calabrese said.

Fact Check: FALSE

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Under the Pretrial Fairness Act, people can be detained for safety reasons if they are accused of a felony that involves the threat of or infliction of great bodily harm or permanent disability or disfigurement. Strangulation would meet this standard.

09-27-2023 New York
News Nation Falsely Ties Tragic Death To Bail Reform

A news story about the tragic death of a child in the Bronx falsely connected the incident to bail reform and suggested a range of failed solutions to address America's opioid crisis.

Fact Check: False

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The case has nothing to do with bail reform, and reflects an archaic and flawed logic that more drug arrests mean more safety, when the facts show that tough-on-crime policies have only exacerbated our country’s challenges with drugs and substance use.

09-26-2023 Illinois
Alderman Lopez Stokes Fear Following Mugging in Bucktown

Alderman Lopez shared a video of someone being assaulted and robbed in Chicago’s Bucktown neighborhood and claimed that “nothing in this video is a detainable offense & no bail required.”

Fact Check: FALSE

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The Pretrial Fairness Act permits courts to deny pretrial release to people accused of robbery on the basis of either community safety or evading prosecution.

09-20-2023 Illinois
Sen. Bryant Misleads About Use of Bond Money

“It’s absolutely not fair to the victims of crime,” Sen. Terri Bryant said. “From restitution payments to victims services, bonds and fees often contribute to vital services to help victims recover from their trauma.”

Fact Check: FALSE

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The vast majority of bond payments are used to pay fees and fines that support government functions. A 2022 report by the Administrative Office of the Illinois Courts and the Civic Federation found that the 95 Illinois counties that provided data collected a total of $83.1 million in bond payments in 2021. Of that, only $2.5 million—just 3%—went to restitution payments.

09-20-2023 Illinois
Sheriff Dart Misleads the Public About Electronic Monitoring House Arrest Conditions

In an interview with WLS AM, Cook County Sheriff Tom Dart called advocates “morons” who tell “unmitigated lie[s]” about his pretrial electronic monitoring program: “Some of these morons…spin this nonsense about home monitoring [that] a poor person can't go to his job—that's an unmitigated lie.”

Fact Check: FALSE

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Before the Pretrial Fairness Act, people on pretrial electronic monitoring needed the Sheriff or a judge to approve their “movement” to leave their homes for any amount of time. If a person on electronic monitoring wanted to go somewhere, they had to get documentation and share it with the Sheriff’s Office three days in advance. This process took a notoriously long time, and in many instances, people were arbitrarily denied movement and not given permission to leave their home. In addition, many appointments do not regularly provide the written notices required by the Sheriff’s Office, making it impossible for people to provide documentation.

09-20-2023 Illinois
Sheriff Dart Spreads Misinformation about the Pretrial Fairness Act’s Electronic Monitoring Provisions

In an interview with WLS AM, Cook County Sheriff Tom Dart claimed that because of the Pretrial Fairness Act, “two days a week, I have to shut everyone's [electronic monitoring] device off.”

Fact Check: FALSE

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The Pretrial Fairness Act guarantees people incarcerated in their homes on electronic monitoring the ability to perform essential tasks such as grocery shopping and laundry, but there is nothing in the law that requires Sheriff Dart to “shut everyone's device off”—nor does he. The Cook County Sheriff’s Office uses GPS devices to track movement and the tracking remains on during essential movement, constantly tracking and recording people’s locations. This statement by Sheriff Dart is intentionally misleading to the public: in spring 2022, WBEZ issued a correction after Sheriff Dart made similar false statements implying that people on electronic monitoring were not monitored during essential movement.

09-14-2023 New York
Law Enforcement, Elected Officials Criticize Due Process

Law enforcement and elected officials bemoaned the due process afforded by New York’s criminal justice system after a judge opted not to set bail in a case where a man was charged with assaulting a police officer in Yonkers.

Fact Check: Fearmongering

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Pro-carceral voices do not care about the statutory purpose of bail, instead hoping for a world where anyone charged with a crime is not afforded due process and is instead “punished” immediately with pretrial detention. The case out of Yonkers presents a compelling example of the bail system in New York working as intended.

09-14-2023 Illinois
Winnebago State's Attorney J. Hanley Spreads Misinformation About Speedy Trial Timeline

“State’s Attorney Hanley's main concern comes with the speedy trial provision potentially letting people with the highest charges walk out of jail before their trial date.”

Fact Check: FALSE

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The Pretrial Fairness Act did not change the amount of time prosecutors have to prepare a case. For decades, the court has had 90 days for trial before a person in custody awaiting trial is entitled to release. In reality, it is rare for a serious case to go to trial in that timeframe. The Pretrial Fairness Act actually increased flexibility on this deadline, and now state can receive deadline extensions based on certain situations. The defense also may request extensions.

09-14-2023 Illinois
Rock Island State's Attorney Gives Misleading Information About the Pretrial Fairness Act

“However, the other side of that is, there are some people that, regardless of how much money they have or don’t have are violent offenders. They have committed crimes. ... And I think that that is what concerns me the most, that those individuals will be released and be allowed to continue to commit crimes.” Rock Island State’s Attorney Dora Villarreal

Fact Check: False

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The presumption of innocence is a hallmark of America’s criminal legal system. Everyone deserves to be treated as innocent while they are awaiting trial. While the Pretrial Fairness Act does eliminate the use of money bond as a means to detain someone and mandates that most arrested individuals are given a chance to succeed on pretrial release, it does not eliminate the court’s ability to jail someone awaiting trial.

09-11-2023 New York
Law Enforcement, News Story Mislead New Yorkers About Discovery Reform

An article about speedy trial dismissals misled readers about the effects of New York's discovery laws.

Fact Check: Misleading

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Discovery reform did not create onerous burdens on prosecutors to produce new evidence in order to comply with state laws, nor did it cause any increase in violent felony case dismissals.

09-05-2023 Illinois
Jacksonville Police Chief Denies Two Years of Pretrial Fairness Act Implementation Efforts

"It is a big sweeping piece of legislation with no guidance about how implementation works." - Jacksonville Police Chief Adam Mefford

Fact Check: False

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The Administrative Office of Illinois Court established the Illinois Supreme Court Pretrial Implementation Task Force in 2020. The Task Force included law enforcement, judges, public defenders, and advocates. For two and a half years, the Task Force prepared numerous resources on how counties can implement each element of the law. In 2022 alone, the Task Force held eight public town hall events and six regional educational summits attended by thousands of people. The Task Force was operational through August 2023 when the Illinois Supreme Court created the Committee on Pretrial Education to provide judges, pretrial officers, and other members of the judicial branch with ongoing education and training.

08-17-2023 Illinois
McLean County State's Attorney Spreads Misinformation About the Pretrial Fairness Act

“We may be in a scenario in which there will be no way to hold a misdemeanor defendant, which is typically your domestic violence cases – unless there’s some type of other circumstances that would make it a felony,” McLean County State's Attorney Erika Reynolds said."

Fact Check: False

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In this article, the McLean County State's Attorney falsely stated that misdemeanor domestic violence was non-detaintable, this is false. Under the Pretrial Fairness Act, state's attorneys will be able to request detention in misdemeanor domestic violence cases.

06-30-2023 New York
Albany DA David Soares Continues to Fearmonger About Modest Reforms

Albany County District Attorney David Soares once again exploited a tragedy to make a political point, lying about the state's Raise the Age laws.

Fact Check: False

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There is no evidence that the homicides were committed by a child or by someone with a criminal history, but that did not stop Soares from trying to score political points and advocate for policies that will put more vulnerable people in jail.

06-21-2023 New York
Law Enforcement Falsely Link Case To Bail Reform, Criticize Judge For Using Discretion

Law enforcement officials scapegoated bail reform and lied about the effects of modest criminal justice reforms on public safety following the shooting of state trooper in Duanesberg late last week.

Fact Check: False, Fearmongering

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Though the case has nothing to do with bail reform, the New York State Police Investigators Association attempted to tie the case to bail reform, and the state troopers union took the extraordinary step of publicly criticizing the judge in the case for exercising his discretion to set bail.

06-12-2023 New York
Albany County Officials Mislead Public About Bail Reform

A WNYT news report allowed law enforcement officials in an Albany County community to mislead the public about bail reform and fearmonger about a man who has been arrested multiple times.

Fact Check: Misleading

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Instead of advocating for investments in communities that actually work, Centanni and Soares cynically take aim at the state’s bail reform laws – which have been rolled back three times, allowing for more pretrial detention – for not being punitive enough.

05-02-2023 New York
"Legal Experts" Lie, Fearmonger About Bail Reform in News Segment

A three-minute news segment on Gov. Hochul’s regressive bail reform rollbacks is riddled with lies and misleading information about state law.

Fact Check: False

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The WIVB piece quotes “legal experts” who fearmonger and lie about bail reform. The misinformation comes as Gov. Hochul prepares to forge ahead with her dangerous proposal to weaken civil rights protections and unnecessarily jail more New Yorkers.

04-28-2023 New York
Hochul Admits She Makes Policy Off Sensational Headlines

Gov. Kathy Hochul stated that a desire to avoid sensational newspaper headlines is a driving factor in her crusade to remove the “least restrictive means” standard that judges use when making bail decisions.

Fact Check: Fearmongering

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Hochul’s decision to pacify cynical media outlets that actively lie about bail reform and undermine support for a successful policy instead of her constituents is another example of the governor choosing politics and optics over the lives of New Yorkers.

04-26-2023 New York
GOP Politicians Lie About Bail Reform, Raise the Age

Republican elected officials and their representatives falsely claimed bail reform and Raise the Age were responsible for a criminal act on a Staten Island train platform.

Fact Check: False

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The crime in question has no connection to bail reform, Raise the Age, or any criminal justice reform aimed at making the system more fair and just.

04-26-2023 New York
Discovery Reform: Debunking Common Myths

As a small group of prosecutors continues its 11th hour campaign to undo New York’s discovery reform laws behind closed doors, Justice Not Fear is debunking common myths and talking points about the law and the regressive proposed changes.

Fact Check: False

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The truth is that 1) discovery reform is not creating any unjust outcomes; 2) the reforms do not create any “onerous” burden for prosecutors and; 3) the proposed changes are no “tweak” and would undermine the efficacy of the original law.

04-19-2023 New York
Sham Judiciary Committee Hearing Reveals Cynicism of NY Leaders

Congressional Republicans traveled to Manhattan to hold a sham Judiciary Committee hearing Monday morning that fearmongered about crime in New York City with the ultimate goal of undermining Manhattan District Attorney Alvin Bragg’s prosecution of former president Donald Trump.

Fact Check: False

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Meanwhile, the same New York City leaders and police officials who have been cynically claiming that rollbacks to bail reform are necessary took to the media to push back against House Republican lies about crime. In doing so, they exposed their own lies in the months-long campaign for mass pretrial detention.

04-18-2023 New York
Proposed Discovery Changes Would Undo Critical Reforms

New York district attorneys are reportedly pushing for massive changes to New York’s discovery reforms passed in 2019 that brought the state in line with the rest of the country.

Fact Check: False

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The proposed changes to the law – falsely styled as a technical tweak – would entirely undo the reforms in practice by creating case delays, shifting the compliance burden from the prosecution to the defense, and encouraging DAs to withhold discovery.

04-05-2023 New York
Officials, Researchers Debunk Hochul's Plan to Incarcerate More New Yorkers

City officials advocated this week for expanded services and alternatives to pretrial incarceration for people arrested multiple times in New York City, arguing that service-based interventions can reduce crime and that pretrial incarceration should be a “last resort.”

Fact Check: True

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Researchers also released arrest data this week that debunks Gov. Kathy Hochul’s claim that bail reform emboldened a small group of people allegedly responsible for crimes in the city.

03-29-2023 New York
NY Daily News Neglects All Data About Bail Reform In Editorial Propping Up Hochul Proposal

The New York Daily News editorial board encouraged legislators to ignore all available facts about bail reform in an editorial supporting Gov. Kathy Hochul’s proposal to remove the “least restrictive means” standard in bail-eligible cases.

Fact Check: False

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The Daily News continues to play a key role in misleading the public about bail reform. The piece based its argument on a misleading Siena poll that inaccurately queried New Yorkers about Hochul’s proposal.

03-23-2023 New York
Hochul Once Again Lies To Public About Bail Proposal

Gov. Kathy Hochul lied to the public about bail reform again in a press conference this week, falsely claiming that her proposal to remove the “least restrictive means” standard is backed up by data and that an “inconsistency” currently exists within the bail laws.

Fact Check: False

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Authors of a recent study on bail reform not-so-subtly rejected Hochul’s proposal, and there is no “inconsistency” found in a section of the bail law that has existed for decades.

03-15-2023 New York
CBS News Story Lies To Readers About Bail Reform, Gun Violence

In the most recent example of reckless criminal justice reporting, a CBS News article falsely linked a Manhattan shooting with bail reform and Governor Hochul’s efforts to rollback the “least restrictive means” standard.

Fact Check: False

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A police official told reporters that bail was set and paid in the underlying case, meaning the case has nothing to do with bail reform. The article lied to readers by linking an instance of gun violence with bail reform and editorializing that the case will “stoke debate” in Albany.

03-13-2023 New York
Suffolk County DA Proposes Tired War On Drugs Policies To Address Opioid Crisis

Ray Tierney called for a series of unimaginative and failed solutions to address the state’s challenging opioid crisis.

Fact Check: False

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We have decades of evidence showing that Tierney’s ideas – locking more people up pre-trial and enacting longer sentences for people convicted of drug crimes – do not work, instead magnifying harm that disproportionately affects Black and Brown New Yorkers.

03-09-2023 New York
Media Coverage of Hochul Proposal Continues to Fail to Push Back On False Claims

Media coverage of Governor Hochul’s radical proposal to eliminate the “least restrictive means” standard once again failed to challenge the governor’s illogical and unsubstantiated claims, misleading readers and continuing a pattern of undermining support for a successful policy.

Fact Check: Misleading

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The issue is clear. There is no inconsistency in the law and no reason judges should be confused about a standard that has existed for decades. Moreover, top court officials told lawmakers at a joint hearing that judges don’t need additional training to understand the state’s bail laws.

03-07-2023 New York
Bail Reform Falsely Tied to Tragic Manhattan Crime

A tragic and troubling crime is being falsely tied to bail reform in the media this week, distracting from the ongoing success of bail reform

Fact Check: False

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This case has nothing to do with bail reform. The man accused of the crime was released from pretrial detention in 2020 because prosecutors violated his right to a speedy trial, not because of bail reform. He also had already pleaded guilty, so bail was no longer an issue in his case.

02-23-2023 New York
Albany County DA Continues to Mislead and Lie About Bail Reform

Albany County District Attorney David Soares’ recent op-ed in the New York Post is riddled with inaccuracies, data manipulation, and outright lies.

Fact Check: False

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Bail reform is not a driver of crime, and advocating for carceral policies harms marginalized communities.

02-15-2023 New York
Media Fails to Recognize Role in Undermining Support for Bail Reform

A recent op-ed and editorial underscore the media’s role in creating a gap in the public’s perception and the reality of New York’s bail reform laws.

Fact Check: False

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Copaganda and misleading media coverage has undermined support for bail reform. Media coverage of bail reform has outpaced the increases in crime in New York City, and coverage of bail reform in the media spikes leading up to elections and rollbacks.

02-10-2023 New York
No Testimony to Support Hochul's Claims at Legislative Hearing

New York lawmakers heard no testimony to support Governor Kathy Hochul’s unsubstantiated claims that judges are confused and inconsistencies exist within the state’s bail laws.

Fact Check: False

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Instead, the testimony often focused on the dangerous implications of Hochul’s proposal to remove the least restrictive means standard in bail-eligible cases.

02-03-2023 New York
Hochul's Bail Proposal Will Erase Decades-Old Standard, Increase Pretrial Jailing

Governor Kathy Hochul proposed eliminating the “least restrictive means” standard that judges use as a guiding principle in bail-eligible cases, stating she believes there are “inconsistencies” in the law as written.

Fact Check: Regressive

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But Hochul has not identified what the inconsistencies are, and her proposal does away with a standard that has existed for decades in New York law and ensures more New Yorkers will suffer the dehumanizing and deadly impact of pretrial jailing.

02-02-2023 New York
Republican Lawmakers Attempt to Dispute Data Showing Clear Success of Bail Reform

Despite years of data pointing to the contrary, Republicans continued to falsely dispute bail reform’s efficacy. Lawmakers attempted to suggest that DCJS data could be undercounting the number of people who are not returning to court following bail reform.

Fact Check: False

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A deeper dive into the data and the law demonstrates that bail reform has nothing to do with any gaps in DCJS data, and that there is no reason to believe failure-to-appear rates have increased.

01-26-2023 New York
Manhattan Institute Report Cherry-Picks Data to Criticize Discovery Reform

A recent report falsely claims that discovery reform laws have hamstrung New York’s criminal legal system. The Manhattan Institute’s report relies on flawed data and problematic assumptions to attempt to tie discovery reform to increases in crime in New York.

Fact Check: False

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In reality, the dataset cited by the report points to the fact that discovery reform is working as intended. Discovery reform has caused prosecutors to take a long-needed look at the types of cases they prosecute. The laws did not create a burden to seek out any information, documents, or evidence that is not in the control of law enforcement in the vast majority of cases

01-23-2023 New York
Rep. Stefanik, GOP Members Call For Racist Dangerousness Standard

Representative Elise Stefanik and 10 New York Congressional Republicans introduced federal legislation this week to encourage New York to adopt a dangerousness standard in bail decisions, a proposal that would widen a judge’s ability to speculate about who might commit a future crime.

Fact Check: False

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Dangerousness standards produce racist results and increased pretrial jail populations while further introducing ambiguity and opacity into our criminal legal system. Any dangerousness standard would only further exacerbate racial disparities in New York’s jails, where Black and brown people make up 73 percent of New Yorkers incarcerated in jail but 36 percent of the state’s population.

01-13-2023 New York
Governor Hochul Proposes Regressive Change to Bail Laws

In her State of the State book, Governor Hochul proposed eliminating the “least restrictive means necessary” standard that judges use when setting bail on eligible offenses, putting people in jail pretrial when she herself stated that bail reform does not drive crime and one’s freedom should not depend on one’s wealth.

Fact Check: Regressive

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By eliminating the requirement that judges only set bail when “necessary,” Hochul is inviting judges to send people to jail when it is not necessary. Such a practice would violate the moral underpinning of the criminal justice system as well as the United States Constitution.

12-16-2022 New York
Report Finds Misleading Coverage of Bail Reform Eroded Public Support for Reform

A new report demonstrates how persistent misinformation in the media about bail reform has undermined support for the modest reforms in New York.

Fact Check: True

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The report from FWD.us, which builds on a similar 2021 report, clearly illustrates through a new data analysis that bail reform does not undermine public safety or contribute to any increases in crime. Freedom, Then the Press, Volume II finds that over 1,600 stories have falsely linked bail reform and crime despite the emerging studies that demonstrated low rearrest rates for people impacted by bail reform.

12-13-2022 New York
Mayor Adams Misrepresents Bail Laws In CNN Interview

Adams falsely blamed bail reform for a sensational alleged assault in New York. Even though a judge set bail, the mayor misrepresented the effect of bail reform on the case and advocated for mass pretrial detention despite ongoing human rights violations and deaths at Rikers Island.

Fact Check: False

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Bail reform had nothing to do with this case. The man charged in this case was not rearrested on pretrial release, nor was he released under bail reform. A judge had discretion to set bail in for the assault-related charges and chose to set bail at $7,500.

12-02-2022 New York
New York Post Exploits Resident To Fearmonger About Bail Reform

The New York Post once again fearmongered about bail reform in a story meant to scare readers and advocate for policies that seek to punish people instead of meeting their basic needs.

Fact Check: Fearmongering

The Truth Read more

The reality is that the Post’s story has more to do with our failed approach to public health and safety than it has to do with bail reform. Multiple arrests for the same alleged low-level offense indicate a person’s basic needs are not being met, not that the person should be jailed, likely on unaffordable bail. A person’s repeated contact with the criminal legal system is a sign of the system’s failure, not, as the Post suggests, a sign of the need for increased contact.

11-18-2022 New York
Former NY Judge Admits Colleagues Violated Law, Misrepresents Bail Reform

A former judge in Western New York described how judges routinely violated the statutory purpose of bail and misrepresented the bail reform law. Larson also showed a callous disregard for the harms of pretrial incarceration and fearmongered about rearrests.

Fact Check: False

The Truth Read more

Bail is meant to ensure a person’s appearance in court. But Larson, drawing on his experience on the bench, stated that when judges subjectively perceived someone to be a threat to the community, they would set bail “in the guise of concern over the defendant showing up in court.” Larson is admitting that judges regularly violated the statutory purpose of bail in New York.

11-07-2022 New York
Nassau County Exec Lies About Bail Reform Again

Nassau County Executive Bruce Blakeman – whose the county was named safest in the United States twice since bail reform took hold – and his allies once again peddled misleading statistics in a politicized attempt to connect bail reform with increased arrest numbers in their community.

Fact Check: False

The Truth Read more

The very report Blakeman commissioned to try to undermine bail reform, actually proved the opposite: as multiple outlets confirmed, rearrest rates have actually declined since bail reform. And Blakeman's statistics actually point to the ongoing success of bail reform in Nassau County. According to the report, fewer than 10 percent of people in Nassau County were rearrested for any offense – which is half the statewide rearrest rate for any alleged offense.

11-03-2022 New York
NY Post Wages Disinformation Campaign About Bail Reform

The Post is weaponizing the tragic murder of a Black Erie County woman to argue for mass pretrial detention for thousands more Black people. In so doing, the Post is using its “news” department to scare New Yorkers into voting for a gubernatorial candidate who voted to overturn the 2020 election as Congressman and has promised to rollback a host of important criminal legal reforms in New York.

Fact Check: Fearmongering

The Truth Read more

The grief and pain that family, friends and community members feel is real and unimaginable. But the Post chose to exploit that pain for political points, using the victim's mother to tie the case to bail reform, when the reality is much more complicated.

11-01-2022 New York
Schenectady Police Chief, Local Politicians Fearmonger About Bail Reform

Schenectady Police Chief Eric Clifford, along with several local politicians, fearmongered and misled the public about bail reform in an article in the Daily Gazette. Clifford falsely claimed that bail reform is connected to increases in crime, misrepresented the law, advocated for racist and opaque pretrial detention standards and lied about rearrests.

Fact Check: Fearmongering

The Truth Read more

First, years of research is conclusive and draws no connection between any increases in crime and bail reform. Next, the claim that bail reform changed law enforcement’s ability to detain people is misleading at best. Bail reform only affected some misdemeanors and low-level felonies. Judges can and do continue to set bail for people charged with violent felonies. Finally, we know that rearrests for violent felonies are exceptionally rare since bail reform went into effect.

10-24-2022 New York
Daily News Editorial Advocates For Racist, Opaque Pretrial Detention Standards

The New York Daily News Editorial Board fearmongered about bail reform in a recent editorial and advocated for racist and opaque standards to be applied to pretrial detention decisions in New York that have long been rejected by New Yorkers.

Fact Check: Fearmongering

The Truth Read more

“Dangerousness” has never been a standard for setting bail in New York, and the state definitively declined to adopt it in the 1970s – and for good reason. Allowing a judge’s (or algorithm’s) prediction of “dangerousness” to serve as a basis for holding someone in jail while they are presumed innocent has clearly yielded racist results based on data from jurisdictions that allow this practice.

10-20-2022 New York
Former NYS Supreme Court Judge Misleads Public About Bail Reform, Admits To Violating Law

A former New York Supreme Court judge misled the public about bail reform laws in an interview with a Buffalo news station

Fact Check: Misleading

The Truth Read more

Judge Penny Wolfgang acknowledged that – as a sitting judge – she made bail decisions based on who she believed should or should not be in jail and not based on the statutory purpose of bail, which is to ensure a person’s return to future court dates. In short, she admitted that during her decades-long tenure as a judge, she violated the Constitution and law.

10-13-2022 New York
Issue Briefing: Carceral Responses to Domestic and Sexual Violence

The tragic murder of an Erie County woman by her abusive partner has reignited misguided calls for carceral solutions to address sexual, domestic, and intimate partner violence (IPV). The Briefing outlines the often-devastating consequences of these carceral responses and explains why we should not rely on police and prosecutors to create better outcomes for survivors

Fact Check: Ineffective

The Truth Read more

We know that the safest communities are the ones with the most resources, not the highest jail populations. Early empirical results from voluntary pretrial diversion programs and community-based restorative justice practices suggest that they are more effective than traditional approaches in decreasing the likelihood of new arrests among perpetrators.

10-12-2022 New York
New York Post Lies About Sensational Subway Assault, Exploits Pain For False Narrative

The New York Post once again seized on a sensational instance of crime to call for rollbacks to modest reforms and incite public outrage. After an alleged subway assault involving women in green morph suits was caught on video, the Post published multiple stories about what they termed the “Green Goblin” crew and allowed – without correction – a source in the story to falsely blame bail reform for the incident.

Fact Check: False

The Truth Read more

Bail reform had nothing to do with this case. The one person who has been arrested to date was charged with second-degree robbery – a Class C Violent Felony, which carries a mandatory minimum sentence of 3.5 years and maximum of 15. This charge, like all violent felonies, remains untouched by bail reform. A judge could have set bail in this case, but apparently opted for supervised release instead, apparently based in part on the individual’s relative lack of involvement.

10-11-2022 New York
New York Post Spreads Misinformation About Bail Reform

The New York Post published yet another misleading and divisive story calculated to direct anger and hatred toward people in need of help and away from the failures of our current, misguided punishment-based approach to public health.

Fact Check: Misleading

The Truth Read more

The Post wrote about a New York resident’s history of arrests, suggesting his most recent arrests were a consequence of bail reform. This is false. The man’s record of arrest dates back to 2000, meaning that many, if not most of these arrests, predated bail reform entirely. Moreover, the recent incidents cited in the article are examples of attempted petty theft from major chain stores, in which nothing was actually stolen.

10-11-2022 New York
New York Post Editorial Fearmongers, Lies About Bail Reform

The New York Post continued to fearmonger and lie about bail reform amid a tragic killing on the subway last week, publishing an editorial falsely tying the incident to modest reforms.

Fact Check: False

The Truth Read more

Bail reform had nothing to do with the underlying case or the current case. Moreover, the Post lied about a "tide of violence" in New York. There is no “tide of violence” connected to bail reform. In New York City, incidents of violent crime are at historic lows. Rearrests for alleged violent crimes remained exceptionally rare after bail reform was enacted, just as before.

10-07-2022 New York
Albany County District Attorney David Soares Lies About Bail Reform Following Unsolved Crimes

Albany County District Attorney David Soares lied to his constituents and the people of New York this past week about bail reform. First, Soares falsely scapegoated bail reform for instances of crime in his community without any information to back his claims up. Second, Soares lied about the prevalence of rearrests for gun possession when such cases are nearly non-existent. Third, Soares lied about which accusations bail reform cover. Finally, Soares advocated for increased pretrial detention of children.

Fact Check: False

The Truth Read more

In the wake of two unsolved shootings in Albany, Soares asserted, without evidence, that bail reform has “demonstrably impacted violent crime in our most vulnerable neighborhoods.” It is true that tragic instances of harm occur, but research draws no connection between bail reform and any increases in crime. Pretrial arrest rates for violent crimes are nearly identical pre- and post-bail reform.

10-07-2022 New York
Tragic Killing On Subway Falsely Tied To Bail Reform

A tragic killing on the subway is being used to call for rollback to modest bail laws because the man alleged to have committed the crime was free on pretrial supervision for separate charges.

Fact Check: False

The Truth Read more

Bail reform made no difference in this case. Neither the current case nor the man's underlying case had anything to do with bail reform. The man accused was not released on pretrial supervision because of bail reform at the time he allegedly committed this other act of violence. The earlier case from 2021, on which he was released, was a violent felony, which was eligible for bail before and after bail reform.

10-06-2022 New York
Transport Union VP Scapegoats Bail Reform For Subway Assault

The vice president of New York City’s Transport Union added to the misinformation campaign about bail reform in New York by falsely scapegoating reform for a recent alleged attack by a New York man against a subway worker.

Fact Check: False, Fearmongering

The Truth Read more

The man who was arrested was not released under bail reform, nor rearrested while on pretrial release for another case. The man’s current charges – like all violent felonies and many misdemeanors and non-violent felonies – remain bail eligible, and he is currently detained on $5,000 in bail.

10-03-2022 New York
Media Outlets Circulate Misleading Stories About Bail Reform, Man Accused Of Attempted Murder

Several media outlets amplified misinformation this week by circulating false stories about the connection between bail reform and a New York resident, Pedro Hernandez, who currently stands accused of attempted murder.

Fact Check: Misleading

The Truth Read more

Outlets drew attention to a 2015 case where Hernandez was wrongfully detained for more than a year on unaffordable bail. Mr. Hernandez’s previous case had nothing to do with bail reform, which was not enacted until 2020. Had the new bail laws been in place at the time, Hernandez’s original charges would not have been bail eligible anyway, as bail reform only applies to misdemeanors and low-level felonies. His charge from 2015 was a violent felony.

09-27-2022 New York
Nassau County Leaders Ignore Local Success, Amplify Lies About Bail Reform

Elected officials from Nassau County, the safest county in America for the two years since bail reform was enacted falsely blamed bail reform for crime and call on the New York State Legislature to needlessly revisit the modest laws.

Fact Check: False

The Truth Read more

The coalition of Nassau County mayors continued to amplify misinformation and ignore recent data from their own County police force that points to the ongoing success of bail reform.

09-19-2022 New York
Commissioner Sewell falsely links NYC rearrests to bail reform

NYPD Commissioner Keechant Sewell politicized crime to call for further unnecessary and costly changes to modest bail reform

Fact Check: False

The Truth Read more

New Yorkers – including NYPD Commissioner Sewell – should be celebrating the public policy success of New York bail reform, not lying to try to protect the status quo.

09-19-2022 New York
Johnson City New York Police Department Lies Bail Reform Released Person Accused of Rape

An upstate New York police department brazenly lied to the public when it claimed that bail reform was responsible for a judge’s decision to release a person without setting bail after being charged with first-degree rape.

Fact Check: Lies

The Truth Read more

First degree rape – like all violent felonies and numerous non-violent felonies and misdemeanors – is eligible for bail in New York. This was true before bail reform and remains true today.

09-14-2022 Illinois
Fake Newspapers Spread Lies about Pretrial Fairness Act

Households across Illinois were delivered fake newspapers riddled with racist dog whistles and misinformation about the Pretrial Fairness Act.

Fact Check: False

The Truth Read more

The Pretrial Fairness Act will uphold public safety, ensure everyone has access to the presumption of innocence — regardless of their financial status — and reduce the number of people jailed while awaiting trial in Illinois.

08-20-2022 Illinois
Naperville Councilwoman Makes False Claims About Police Discretion Under Pretrial Fairness Act

Councilwoman Patty Gustin of Naperville misled the public when she claimed that the Pretrial Fairness Act does not allow police to arrest someone for trespassing on private property, even if they are unwilling to leave.

Fact Check: False

The Truth Read more

Her statement is a clear misinterpretation of the provisions of the law meant to reduce arrests for low-level allegations. Police have complete discretion to decide when someone is an “obvious threat to the community” exists, and will not be barred from arresting anyone who they believe poses a threat to public safety.

08-17-2022 New York
Nassau County Executive Bruce Blakeman Orders Crime Data Report to Smear Bail Reform, Plays Himself

In January, Nassau County Executive Bruce Blakeman issued an executive order ordering the collection of crime data, confident that the information would back his relentless assault on bail reform laws. Instead, the data released this month support the truth: Bail reform does not lead to a rise in crime.

Fact Check: Fearmongering

The Truth Read more

Bail reform does not lead to a rise in crime.

08-03-2022 New York
New York Post Uses Unverified Police Data to Fearmonger

The New York Post fearmongered about repeat offenses and bail reform while parroting unverified NYPD to support their claims. Actual data shows that bail reform has succeeded in reducing the injustice of pretrial incarceration and upholding public safety.

Fact Check: Fearmongering, False, Exploitative

The Truth Read more

Police data is unsubstantiated. Actual data shows that bail reform works.

07-26-2022 New York
Lee Zeldin Uses Campaign Rally Attack to Further False Agenda

GOP gubernatorial candidate Lee Zeldin has used an attack against him at a campaign event to lie to New Yorkers, falsely blaming the release of the man who attacked him on bail reform. Facts that emerged after the incident suggest otherwise: the Monroe County District Attorney, Sandra Doorley, was uncharacteristically lenient and chose not to charge a bail-eligible offense.

Fact Check: Fearmongering, False, Lies, Corruption

The Truth Read more

The person in question was released because the Monroe County District Attorney, under questionable circumstances, chose not to charge a bail-eligible offense.

07-08-2022 New York
Commissioner Sewell Scapegoats Bail Reform for Increases in Certain Crimes

Last week, NYPD Commissioner Keechant Sewell credited the Adams administration with the reported decrease in murders and shooting incidents, but said bail reform was to blame for rearrests of people charged with crimes. This is a baseless claim that represents a continuation of the same old tactics from the NYPD.

Fact Check: False, Fearmongering, Misleading

The Truth Read more

There is no evidence that rearrests are tied to modest pretrial reform.

07-08-2022 Illinois
Lawmakers Misrepresent Reforms to Fearmonger About Pretrial Release

Some public officials claimed that after the Pretrial Fairness Act’s implementation in January 2023, all individuals charged with murder who are currently being held in jail due to unpaid money bonds must be released immediately.

Fact Check: False

The Truth Read more

While the Pretrial Fairness Act does eliminate the use of money bond as a means to detain someone and mandates that most arrested individuals are given a chance to succeed on pretrial release, it does not eliminate the court’s ability to jail someone awaiting trial.

06-23-2022 Illinois
Springfield Police Chief Kenneth Scarlette Fearmongers About Pretrial Fairness Act

Springfield Police Chief Kenneth Scarlette told the Illinois Times that he believes the Pretrial Fairness Act may embolden “criminals” when they realize they may be less likely to be arrested or held in jail on certain charges.

Fact Check: False

The Truth Read more

These claims ignore the wealth of evidence from numerous jurisdictions showing that pretrial jailing can be reduced without harming public safety.

06-20-2022 New York
Fox News Repeats Lies from Nassau County Executive Falsely Tying Police Injury to Bail Reform

A Fox News story repeated false claims by Nassau County Executive Bruce Blakeman, who spread misinformation by claiming that a man accused of injuring a police officer during a motor vehicle theft in 2020 was free because of bail reform.

Fact Check: False, Fearmongering, Misleading

The Truth Read more

The man was not free because of bail reform, and it is a lie to suggest otherwise.

06-15-2022 New York
New York City Council Member James Gennaro Spreads Lies About Bail Reform, Misrepresents Impact to Back False Claims

New York City Council Member James Gennaro spread misinformation and fearmongered about bail, discovery, and other modest criminal legal reforms. His claims were amplified by news outlets including QNS.

Fact Check: False, Fearmongering, Misleading

The Truth Read more

“Dangerousness” has never been a standard for setting bail in New York, and the state definitively declined to adopt it in the 1970s—and for good reason.

06-09-2022 New York
The New York Post Again Falsely Blames Bail Reform for Unrelated Pretrial Release

The New York Post falsely claimed that a man was freed because of pretrial reforms.

Fact Check: False, Fearmongering, Misleading

The Truth Read more

No pre-trial reforms impacted this case in any way.

06-06-2022 New York
Mayor Eric Adams Lies About Impacts of Modest Reforms, Calls for Racist So-Called “Dangerousness” Standard Despite Data

Mayor Adams falsely claimed that people on their ninth arrest and those accused of shootings and other violent felony offenses are not having bail set because of modest pre-trial reforms.

Fact Check: False, Fearmongering, Misleading

The Truth Read more

Pre-trial reform has had no impact on these types of cases.

05-20-2022 Illinois
State’s attorneys claim safety standard for yet-to-be-implemented law is too high

State’s Attorneys in Kane, Kendall, and DuPage Counties claimed that the Pretrial Fairness Act does not give prosecutors enough discretion to deny some people pretrial release.

Fact Check: False

The Truth Read more

The current standards that judges must use when deciding whether someone may be detained pretrial are not substantially different from the new standards that will go into effect with the Pretrial Fairness Act.

05-18-2022 New York
Rep. Tom Suozzi Attempts to Connect Buffalo Shooting to Bail Reform

Gubernatorial candidate Rep. Tom Suozzi falsely claimed that New York’s bail reform laws were connected to the mass shooting in Buffalo by a white supremacist.

Fact Check: Fearmongering, False

The Truth Read more

The Buffalo shooter had no prior convictions and was not out on bail.

05-11-2022 New York
Mayor Adams Falsely Blames Bronx Shooting on Bail Reform

Mayor Eric Adams falsely blamed a recent shooting on bail reform when the person involved was, according to police, awaiting sentencing after having pled guilty. Anything that happens after trial or a plea has been taken has no connection to bail whatsoever.

Fact Check: False, Fearmongering

The Truth Read more

The shooting that took place in the Bronx on Tuesday night has no connection to pretrial freedom. Anything that happens after trial or a plea has been taken has no connection to bail whatsoever.

05-10-2022 New York
Monroe County Sheriff Lies About Bail Reform

The Monroe County Sheriff attempted to tie bail reform to a recent rise in shootings without supportive data. This increase is occurring in jurisdictions across the country and is not tied to bail reform.

Fact Check: False, Fearmongering

The Truth Read more

Just yesterday, the C.D.C issued a report on surging nation-wide gun deaths in the pandemic’s first year. This increase is occurring in jurisdictions across the country and is not tied to bail reform.

03-27-2022 Illinois
Illinois State’s Attorneys Falsely Blame Crime on Not-Yet-Implemented Legislation

The Chicago Tribune published an opinion piece from Illinois State's Attorneys that blamed recent crime spikes on the Pretrial Fairness Act provisions of the SAFE-T Act, which has largely not yet taken effect, and erroneously claimed that it requires the release of all accused people while awaiting trial.

Fact Check: False

The Truth Read more

The Pretrial Fairness Act will not result in the simple release of every person arrested. Instead, it focuses court resources on serious cases and cases involving allegations of violence. This ensures that a judge considers each person’s circumstances and the allegations against them before deciding to jail them or impose conditions on their release as part of a comprehensive, individualized hearing.

03-23-2022 Illinois
State Rep. Patrick Windhorst Spreads False Narrative About Bail Reform, Legislative Process

In calling for the repeal of the Pretrial Fairness Act, State Representative Patrick Windhorst misrepresented the legislative process that led to its passage in January 2021, spreading the false narrative pushed by law enforcement and other conservative lawmakers that the bill had been written “in the dark of night."

Fact Check: False

The Truth Read more

In reality, experts, advocates, stakeholders, and legislators have been transparently discussing the proposed legislation for years—including in subject matter hearings that Representative Windhorst himself participated in.

03-17-2022 New York
Despite Facts, Gov. Hochul Caves to Fearmongering on Bail

Gov. Hochul’s proposal to roll back modest reforms threatens hundreds of thousands of New Yorkers. It is based on a concerted disinformation campaign by anti-reform officials and lobbyists.

Fact Check: Fearmongering, False

The Truth Read more

All New Yorkers deserve safety, and the safest communities have the greatest resources—not the highest incarceration rates.

03-15-2022 New York
NYPD Commissioner Lies About Bail Reform, Calls for Racist “Dangerousness” Standard

NYPD Commissioner Keechant Sewell has joined calls to roll back bail reform, falsely claiming that judges are legally prohibited from ever setting bail.

Fact Check: Fearmongering, False

The Truth Read more

The law, C.P.L. § 510.10, defines bail-eligible charges. These include felonies classified as violent, certain misdemeanors including sexual offenses, any charge against a person on parole or probation, and certain rearrests for otherwise non-bail-eligible charges.

03-15-2022 New York
Manhattan Institute Article Spreads Misinformation about New York Reforms

This piece from the Manhattan Institute cites multiple clearly discredited stories in support of the false proposition that modest reforms in New York are to blame for causing widespread harm in New York City.

Fact Check: Fearmongering, False

The Truth Read more

Among much else, this piece relies on the NYPD's account of the case of a Bronx teenager that was fully discredited by video footage.

03-08-2022 New York
Damaging NYPD Lies in Prominent Case of Teenager Uncovered

The NYPD claimed that a teenager shot a police officer and then walked free because of lax bail laws was recently debunked in the courtroom.

Fact Check: Fearmongering, False

The Truth Read more

Judge Naita Semaj determined that NYPD Officer Taulant Gjonbalaj and his colleagues lied in this case, finding the “incredible…self serving” police testimony “had no value.” Video fully discredited the police account.

03-07-2022 New York
Syracuse Police Falsely Tie a Teen’s Rearrest to Bail Reform

The Syracuse Police Department falsely claimed that a teen's rearrest on gun charges was tied to bail. WAER reprinted these claims without any correction or further information.

Fact Check: Fearmongering, False

The Truth Read more

Possessing a firearm is a bail-eligible offense. This case was in no way related to bail reform.

03-02-2022 New York
Mayor Adams and NY Post Wrongly Blame Bail Reform for Release of Man in Subway Incident

The New York Post falsely claimed that the man’s release in a highly-publicized Bronx case was due to bail reform. In truth, just as prior to reform, this person's release was left to the discretion of the judge.

Fact Check: Fearmongering

The Truth Read more

It is a fallacy and distraction from discussions about advancing public safety to blame this upsetting occurrence on bail reform.

02-25-2022 New York
Westchester County Officials Debunked by Their Own Data

Multiple officials in Westchester County are fearmongering about rising crime and falsely tying a non-existent county crimewave to discovery and bail reform.

Fact Check: Fearmongering, False, Lies, Data

The Truth Read more

As the largest city in Westchester County, Yonkers is home to more than 20% of the total county population. And according to the numbers released by the County, crime in Westchester is way down.

02-24-2022 New York
In Recent Resolution, Cayuga County Legislature Reveals Deep Misunderstanding of Reform

The authors of both the resolution and this article clearly misunderstand—or are misrepresenting—the previous language and intent of New York’s bail statute and discovery reforms.

Fact Check: Misleading

The Truth Read more

The Cayuga County Legislature misrepresents the intent and impact of pretrial reforms.

02-24-2022 New York
Long Island Man’s Release Falsely Blamed on Bail Reform

Nassau County Police Commissioner Patrick Ryder falsely blamed bail reform for a man’s freedom at the time of an alleged attempted burglary.

Fact Check: False, Fearmongering

The Truth Read more

Because the person accused of attempting to burglarize a nail salon was “released on bail” at the time of the incident, his prior charge was bail eligible and therefore release was not due to bail reform.

02-18-2022 New York
Misleading Headline Suggests “Progessive Prosecutors’” Policies Responsible for Rise in Violence

NYT headline implying that rolling back “tough-on-crime policies” is connected to any increase in violence is misleading.

Fact Check: Misleading

The Truth Read more

Increases in violence are occurring nationwide, and there is no evidence tying these increases to “progressive” policies or reforms.

02-17-2022 New York
The Murder of Christina Yuna Lee Highlights Many Systemic Issues

“The police aren’t effective in keeping us safe. They’ve never done a good job of preventing crime of any sort,” Choimorrow said. “You need to address the broken systemic issues in our country around mental health, around economic gaps, around racial justice.”

Fact Check: Misleading

The Truth Read more

Pinning this tragedy on bail reform is a misguided distraction rather than a move toward public safety for everyone. Bail could have been set in the prior open cases of the person accused.

02-15-2022 New York
Judge Falsely Says Bail Reform Leads to Release in Shooting Cases

Federal Judge Dora Irizarry falsely claimed that people cannot be detained pre-trial for charges involving serious violence, such as shootings.

Fact Check: False, Fearmongering, Misleading, Abuse of Credibility

The Truth Read more

It is false to say that shooting-related charges are not bail eligible.

02-15-2022 New York
Man’s Lengthy History of Arrests Falsely Tied to Bail Reform

The New York Post fearmongered about shoplifters and bail reform while misrepresenting the law’s impact on a person with 167 prior arrests.

Fact Check: False, Fearmongering

The Truth Read more

Although the article says that the person’s case was not bail eligible, it is immediately clear that the case was bail-eligible, and that bail was set.

02-03-2022 New York
Fox News Exploits Harmed Mothers’ Misunderstanding of Pre-Trial Reform

In two recent stories, Fox News exploited mothers whose lives have been directly affected by violence in order to further the anti-reform agenda.

Fact Check: Misleading

The Truth Read more

Like concerns about gun violence generally, the grief and suffering of these families is incredibly real. But to use them to push false narratives is exploitative.

02-03-2022 New York
Otsego County District Attorney Tells Clear Lies About Bail and Discovery Reform, Blames Modest Reforms for his Decision to Retire at Age 70

Otsego District Attorney John Muehl, who has a history of opposing moves to lend oversight and transparency to prosecutorial practices, blamed his decision to retire rather than seek reelection on modest pre-trial reforms

Fact Check: False

The Truth Read more

Muehl made a series of lies about modest pre-trial reforms implemented. We debunk each every point in this briefing.

01-29-2022 New York
The New York Times Contributes to Misinformation Through Irresponsible Framing

The New York Times ran a story with the headline, “Adams Blames Bail Law After Release of Teen Charged in Officer Shooting." The article later revealed that Eric Adams’s claim and position were not based in fact.

Fact Check: Misleading

The Truth Read more

Neither the bail law or bail reform had anything whatsoever to do with the case. A judge could and did set bail. Millions who saw the headline took away the opposite.

01-28-2022 New York
Mayor Eric Adams Misrepresents Both the Facts and the Law in Teen’s Case

Mayor Adams released an official statement that falsely presented the circumstances of a teen’s case and wrongly stated that he was only free because a judge lacked the authority to detain him due to bail reform.

Fact Check: False

The Truth Read more

The judge had a full slate of options regarding pretrial conditions for the teen, from release to electronic monitoring to remand. He set bail. Moreover, Adams's version of the case was wildly misleading.

01-26-2022 New York
Fox News Falsely Ties Bail Reform to Police Shooting Deaths, Saying Hochul “Still” Supports Bail Reform “Despite” Them

The article frames Gov. Hochul as “still” supporting bail reform “despite” the deaths of the police officers, intentionally misleading their audience.

Fact Check: False

The Truth Read more

The article, like many others, capitalizes on legitimate concern about gun violence by falsely shifting blame to bail reform.

01-24-2022 New York
Mayor Eric Adams’s “Gun Violence Prevention Plan” Falsely Ties Pre-Trial Reforms to Violence in Proposals for City

Eric Adams's “Gun Violence Prevention Plan" falsely connected bail and discovery reform to gun violence, sought to undermine Raise the Age legislation, and falsely presented police and prosecutors as disempowered.

Fact Check: False

The Truth Read more

Each of Eric Adams's policy responses is fundamentally flawed and spreads misinformation.

01-21-2022 New York
ABC 7 publishes misleading headline and story

ABC 7 misleadingly ties bail to the story of a man who allegedly shot at police and then was killed by police.

Fact Check: Misleading

The Truth Read more

Inclusion of bail status without critical context encourages the improper association between this sensationalized story and bail reform.

01-18-2022 New York
NYT publishes A False and Misleading “Examination” of a “Spike” in Murders

NYT reporter suggests protests after police murder of George Floyd caused police to pull back, which caused murder rates to increase.

Fact Check: False

The Truth Read more

The connection between the racial justice protests in 2020 and crime follows police talking points based on the widely-discredited "Ferguson Effect" theory.

01-16-2022 New York
Bronx DA Darcel Clark Falsely Blames Discovery Reform for Dropped Rape Case

Bronx DA Darcel Clark lied and falsely blamed her failure to prosecute a high profile case on “discovery reform.”

Fact Check: False

The Truth Read more

The case had been pending for more than two years prior to the implementation of discovery reform and was dismissed a year and a half after the law went into effect.

01-15-2022 New York
New York Post Publishes Op-Ed Decrying Reform By a Storeowner Misled by Police

NYPD preemptively and falsely blamed their own failure to prevent or solve a store robbery on reform. The storeowner–unfortunately and through no fault of his own–believed them.

Fact Check: Fearmongering

The Truth Read more

There is nothing to suggest these thefts can be tied to any reforms. Bail, discovery, and prosecutorial reforms did not affect this case.

01-11-2022 New York
GOP Lawmakers Seek to Discredit Data Confirms Bail Reform’s Efficacy

Opponents of bail reform continue to push the lie, despite available evidence, that bail reform has caused widespread harm.

Fact Check: False

The Truth Read more

New York State data on the rearrests of people who were free while awaiting trial further confirms that bail reform has had no negative effect on public safety.

09-26-2020 New York
Sinclair Media/CBS 6 Amplifies Police and Prosecutor Lies on Bail Reform

Law Enforcement Supporting Republican State Legislators Renew Baseless Fear-Mongering Ahead of Election

Fact Check: False

The Truth Read more

As with the prior bail statute, judges have discretion to set bail or not and those who can afford it may pay bail and secure their release.

03-10-2020 New York
PBA President Pat Lynch

PBA President Pat Lynch Smears Reform in Radio Ad: Spreading disinformation in an attempt to tie a man’s alleged crimes to criminal justice reform

Fact Check: Lies/Fearmongering

The Truth Read more

Reform had no impact on these cases.

03-08-2020 New York
CBS Albany

CBS Albany Cites Police Chief in Spreading Disinformation

Fact Check: Misleading & Lies

The Truth Read more

CBS Albany falsely attributes a person’s release to bail reform and repeats fearmongering list from police to smear new discovery reform

03-06-2020 New York
NYPD & Mayor Bill de Blasio

NYPD Continues Attempt to Falsely Connect Criminal Justice Reform to Crime, Mayor Tells Public Defenders Questioning Police Data to be "Ashamed"

Fact Check: Fearmongering

The Truth Read more

Statistics have simply not borne out the doomsday predictions that pro-police groups have been making.

02-28-2020 New York
Cortland Voice

Correction: "Wagner was released to alternatives to incarceration. The bail reform laws enacted Jan. 1 did not affect the purview of the Judge regarding his bail status."

Fact Check: Corrected

The Truth Read more

Rape charges and all sex offenses, including misdemeanor sex offenses, remain eligible for money bail and pre-trial jailing under the new laws.

02-28-2020 New York
New York Daily News

Man accused of breaking MetroCard machines released pre-trial under supervision.

Fact Check: Fearmongering

The Truth Read more

“We have to stop blaming bail reform for failures of our social safety net and we must recognize the previous approach failed in much more traumatic ways.”

02-20-2020 New York
Yates County DA, Todd Casella

"District Attorney blames Bail Reform for man's overdose death."

Fact Check: Fearmongering

The Truth Read more

A prosecutor exploits a death to smear bail reform by suggesting, wrongly, that jail was the best place for someone struggling with substance use disorder.

02-20-2020 New York
Rockland County Sheriff Louis Falco

"Library security guard's accused killer was free without bail on attempted rape charge"

Fact Check: Lies

The Truth Read more

It is simply inaccurate to state that bail reform was the reason for this person’s release. Judges had discretion to detain.

02-19-2020 New York
Times Union

Bail Reform Blamed for Teenagers' Release

Fact Check: False

The Truth Read more

The bail statute does not apply post-conviction. This incident is in no way connected to bail reform.

02-16-2020 New York
New York Post

"Brooklyn judge uses forgotten state law to bypass bail reform"

Fact Check: False

The Truth Read more

The law wasn't "forgotten." The law that the Judge cited is actually a key provision of the new bail reform law.

02-14-2020 New York
Nassau County Legislature

Nassau Legislators: "New York State’s controversial bail reform is putting public safety at risk"

Fact Check: Fearmongering

The Truth Read more

Outlier cases are being exploited by GOP officials to undermine bail reform as part of a continuing disinformation campaign.

02-13-2020 New York
NY Daily News

"Bail Reform Blamed for Man's Lengthy Record"

Fact Check: Fearmongering

The Truth Read more

Rikers Doctor: "We have to stop blaming bail reform for failures of our social safety net and we must recognize the previous approach failed in much more traumatic ways."

02-12-2020 New York
NY Senate Democrats

"After Pressure Campaign From Law Enforcement, NY State Politicians Say They Will Change Bail Reforms"

Fact Check: Capitulation

The Truth Read more

The New York State Senate is hoping to jail its way out of mass incarceration.

02-11-2020 New York
Senator Jim Tedesco

"Senator Tedesco Raises Bail Reform Concerns Over Alleged Repeat Offender"

Fact Check: Fearmongering

The Truth Read more

A robbery that results in any kind of physical injury can be charged as Robbery in the Second Degree, which is a Class C violent felony and bail-eligible offense.

02-11-2020 New York
Mayor Bill de Blasio

"Mayor Blames Bail Reform for NYPD Statistics"

Fact Check: Misleading

The Truth Read more

The Mayor's statements are all unsupported by the available numbers.

02-06-2020 New York
NBC New York

"Bail Reform Law to Blame for Death of Man Set to Testify in MS-13 Case"

Fact Check: Lies

The Truth Read more

Police Commissioner acknowledge “no direct link” between criminal justice reform and this case. NBC New York story remains uncorrected.

02-05-2020 New York
NYPD Commissioner Shea

"NYPD commissioner blames bail law for rise in crime"

Fact Check: Lies

The Truth Read more

It is irresponsible, dishonest, and opportunistic to claim causation between bail reform and selective short-term fluctuations in crime stats.

02-05-2020 New York
Elmira Star Gazette

"Man released judge after his arraignment, per the new bail reform laws."

Fact Check: Lies

The Truth Read more

Publicly available information indicates that man was charged with Assault in the Second Degree, which is still eligible for jail.

02-05-2020 New York
Nassau Police Commissioner Patrick Ryder

"Attempted to falsely connect a man’s tragic death to criminal justice reform."

Fact Check: Lies

The Truth Read more

The tragic death of Mr. Maldonado is, unequivocally, not the result of the new discovery laws.

02-03-2020 New York
Times Union

"Cohoes judge issues order challenging state's bail reform law"

Fact Check: Incomplete

The Truth Read more

Ordering jail for unpaid tickets would leave people less able to pay their balance upon release.

02-02-2020 New York
NY Daily News

"Set free to rape: Suspect busted in train station sex assault was freed through state’s new bail reform laws"

Fact Check: False

The Truth Read more

The man was was never actually charged with rape or any other sex offense.

02-01-2020 New York
Newsday

"Bail reform in spotlight in case of man indicted in Nassau burglaries"

Fact Check: Clarification Needed

The Truth Read more

Judge: “The spirit of the statute is designed so that people are not warehoused in jail pending a date for trial.”

01-30-2020 New York
NY Post

"Suspects accused of running $7M fentanyl ring released without bail"

Fact Check: Misleading

The Truth Read more

Anyone who could buy their freedom prior to January 1 would have been free to fight their charges under these same circumstances.

01-29-2020 New York
NY Post Editorial Board

"The feds can’t save New York from the insane ‘no-bail’ law"

Fact Check: Fearmongering

The Truth Read more

Crime Victim: “I’ve been dismayed to watch politicians exploit what happened, to use it against bail reform.”

01-28-2020 New York
Judge David McAndrews

"Long Island judge ignores bail law, refuses release of ‘menace to society’"

Fact Check: Fearmongering

The Truth Read more

A Long Island judge intentionally broke the law to jail a man because “I don’t want you walking around my neighborhood."

01-28-2020 New York
WNBG: Binghampton

"Two arrested after drug bust, one released on bail reform law"

Fact Check: Misleading

The Truth Read more

The coverage provides no basis for the assertion that Ms. Sheftall would have been incarcerated for non-violent charges prior to January 1.

01-28-2020 New York
New York Post

"Tiffany Harris charged with federal hate crimes in anti-Semitic attacks"

Fact Check: Misleading

The Truth Read more

The decision to issue and unseal the warrant for her arrest on federal charges is a publicity stunt

01-25-2020 New York
New York Post

"NYPD commissioner Dermot Shea blames bail reform for 2020 crime spike"

Fact Check: Lies

The Truth Read more

Commissioner Shea’s comments are contradicted by the NYPD’s own data.

01-24-2020 New York
ABC 7: New York

"Woman charged with murder previously released without bail according to the state's new bail reform laws"

Fact Check: Lies

The Truth Read more

A judge could have set bail and jailed the woman according to the new bail laws, but chose not to.

01-19-2020 New York
Richard Donoghue, United States Attorney

"No sound, rational and fair criminal justice system requires pretrial release of those who demonstrate such determination to continuously commit serious crimes."

Fact Check: Lies

The Truth Read more

New York bail reform provides judges discretion to set bail in cases where, as here, an individual is rearrested on a felony while released.

01-17-2020 New York
Fox News 5: Orange County

"Violent assault in upstate NY brings new bail reform law into question"

Fact Check: Fearmongering

The Truth Read more

People charged with misdemeanor domestic violence have long been released pre-trial precisely because stakeholders tend to agree that jail does not address the underlying problems.

01-12-2020 New York
Mid-Hudson News: Ulster

"Bail ‘reform’ laws lead to release of nine charged with serious crimes in Ulster County"

Fact Check: Misleading

The Truth Read more

Several of the cases highlighted for this article involve drug possession and only one case out of nine involves physical harm to a person, who overdosed after a drug sale.

01-09-2020 New York
Post-Standard: Syracuse

"NY bail reform sets free Syracuse Navy vet accused of shooting, killing girlfriend."

Fact Check: Lies

The Truth Read more

Bail could not have prevented this terrible tragedy. It is illegal to use bail as punishment before a fair trial.