Following crime wave, Arnold "bail reform" scheme rolled back in New York

For River Oaks billionaire John Arnold, it was a crowning achievement.

Thanks in large part to his financial support, then-New York Governor Andrew Cuomo had signed into law an Arnold-architected "nation leading bail reform” plan. It was a pet project the former Enron energy trader said promised to reduce the state’s jail population by 40 percent.

In 2019, Arnold announced he would spend $39 million to "reform bail" in New York and across the U.S., replacing judicial discretion with a software tool. The tool is also being used in New Jersey, Illinois, North Carolina, Maryland, Wisconsin, California, Pennsylvania, Kentucky, New Mexico, Alaska and Ohio.

Arnold committed another $5.5 million in grants to "study and report" upon what he assumed would be the positive impact of his work in New York.

“Given the scope of bail reform in New York State, it is critically important that the public understand the impact of these reforms at the individual, system, and community levels,” said Jeremy Travis, Arnold’s point man on the issue.

It wasn’t from Arnold-paid research, but New Yorkers did come to understand the impact of Arnold’s scheme, which barred judges from setting bail for a group of Arnold-deemed “lesser” crimes, that included felony gun charges, theft, assault and most property crimes.

And they hated it.

On Friday, a Democrat-majority legislature voted to roll back Arnold's reform plan. Democrat Gov. Kathy Hochul, who replaced Cuomo, who resigned amidst a sexual harassment scandal last August, said the move was in response "to New Yorkers who are concerned about the rise in crime."

A recent Siena University poll reported that "at least 84 percent" of New York voters believe crime is at least a "somewhat serious problem." 

A Democrat pollster tracking voter sentiment in focus groups reported last week "it was impossible to ignore how much crime came up."

"A Black man from New York complained about bail reform laws in that state leading to ‘repeat offenders’ who get arrested and released and are ‘re-arrested in less than 24 hours.’," the pollster said. "Bail reform is the new defund the police."

Hochul insists rolling back the Arnold reforms is the solution.

"We are now...going to allow judges to set bail for gun charges that were previously subject only to release,” Hochul said. “We’re also going to be looking at the bail and arrest eligibility for repeat offenders and any crimes, repeat offenses, with harm to a person or property... (and) repeat offenses for property theft."

"Major crimes spiked nearly 60 percent in February"

Crime has soared in New York City since the Houstonian’s “bail reform” was implemented. 

Major crimes were up 60 percent in February, according to New York Police Department (NYPD) data. Robberies were up 54 percent, grand larcenies up 56 percent, and rapes up 22 percent.

Across the board, NYPD reports crime is up 44 percent this year; it counts 29,608 crimes in the first three months of 2022, compared to 20,543 in the same period of 2021.

Police say once-but-no-longer jailed violent repeat perpetrators, who Arnold's reforms required be released to the streets, are to blame.

A New York Daily News report cited police statistics that “repeat offenders (are helping) fuel rising violence and mayhem in the city.

“More than 500 suspects have been arrested three times in 2022 on robbery, burglary or shoplifting charges,” the report said.

Critics say criminals took advantage of Arnold's bail reforms, leading to the New York crime spike.

“In their zeal to protect the indigent -- which is absolutely a worthy endeavor -- the backers of the original bail reform laws allowed a recidivist criminal element to take extreme advantage of the statute," said Jeff Clayton, Executive Director of the American Bail Coalition.

Harris County has passed bail reform only for misdemeanors, not felonies.

Still, last fall, the District Attorney's office issued a 60 page report blaming it for Houston's crime spike.

"Re-offending by criminal defendants who have been released on bail is up. Bond forfeitures by criminal defendants are up, Violent offenses committed by defendants is up," said D.A. Kim Ogg.

In 2020, the Arnold Foundation granted $81,355 to Harris County "to provide technical assistance to significantly reduce youth involvement and racial disparities in Harris County's justice system," according to its web site.