The Laws That Changed New York’s Criminal Justice System

New York’s criminal justice system has undergone one of the most sweeping transformations in its history over the past several years, with a series of changes that supporters say have created a fairer justice system but critics argue have tilted the scales in favor of criminals at the expense of victims and law-abiding citizens.

Local officials, district attorneys and many law enforcement organizations contend that the cumulative effect of the measures has been to reduce accountability for offenders while making it more difficult for police, prosecutors and judges to protect the public. They have repeatedly called on Gov. Kathy Hochul and the Democratic-controlled Legislature to repeal or substantially revise many of the laws.

New York’s criminal justice statutes include:

Cashless Bail (2019): The law eliminated cash bail for most misdemeanors and many nonviolent felonies, requiring judges to release many defendants while awaiting trial. Supporters argue people should not remain jailed simply because they cannot afford bail and note judges still may detain defendants charged with many violent crimes. Critics contend repeat offenders are frequently arrested, released and then rearrested, some numerous times, limiting judges’ ability to get them off the street while their cases are pending.

Raise the Age (2017, fully implemented in 2019): New York raised the age of criminal responsibility from 16 to 18, meaning most 16- and 17-year-olds charged with crimes are handled in the juvenile justice system rather than adult criminal court. Certain serious violent felonies may still be prosecuted in adult court. Supporters say the law recognizes adolescent development and reduces recidivism. Opponents argue it weakens accountability and reduces deterrence for juvenile offenders, some of whom are recruited by gangs to commit heinous crimes.

Discovery Reform (2019): Prosecutors are required to provide defense attorneys with broad categories of evidence early in a criminal case under strict deadlines. The law was intended to prevent “trial by ambush” and ensure defendants receive all relevant evidence before trial. District attorneys have argued that technical compliance requirements have led to otherwise prosecutable cases being dismissed, while supporters say the reforms promote fairness and reduce the risk of wrongful convictions.

Less Is More Act (2021): The law limits incarceration for many technical parole violations, such as missed appointments, curfew violations and other non-criminal infractions. It also seeks to speed parole hearings and reduce lengthy detention while violations are pending. Supporters say it prevents unnecessary imprisonment for conduct that is not itself criminal. Critics argue it weakens supervision of repeat offenders and limits parole officers’ ability to enforce conditions of release.

Clean Slate Act (2023): The law automatically seals many misdemeanor convictions after three crime-free years and eligible felony convictions after eight years once a sentence has been completed. Certain serious offenses, including most sex crimes and many violent felonies, are excluded. Supporters say the measure helps people who have paid their debt to society obtain employment, housing and educational opportunities. Critics argue employers, landlords and others lose access to criminal histories they believe are important when making decisions involving public safety and trust.

Expanded Earned Time and Reentry Initiatives: New York has also expanded programs allowing certain incarcerated individuals to earn additional time credits through education, vocational training and rehabilitation programs. Supporters say the initiatives encourage rehabilitation and reduce repeat offenses after release. Critics argue they can shorten prison terms for offenders who should remain incarcerated longer.