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Another NY bill would allow judges to set bail for sex offenders charged with misdemeanors

Yet another piece of legislation has been introduced in the state Legislature to make changes to New York’s criminal justice reforms.

The latest bill is S.6929, sponsored by Sen. Todd Kaminsky, D-Long Island, to allow judges to set bail for level 2 or 3 sex offenders who are charged with endangering the welfare of a child, public lewdness, exposure of a person or first-degree public lewdness.

Kaminsky wrote in his legislative justification that the reforms made specific exclusions for some sex crimes, allowing judges to set bail and for those charged with certain sex crimes to be sent to jail until they appear in court. Misdemeanor sex crime charges that represent serious offenses were not given an exclusion in the criminal justice reforms.

The senator noted a 2019 incident in Long Beach in which a level 3 sex offender who had previously been convicted of a violent rape followed a minor home from school and repeatedly intimidated the student, made contact and caused her to fear for her safety. Officials were notified, and the man was arrested and charged with endangering the welfare of a child. Kaminsky wrote that the man will be released from prison on Jan. 1 because he was only charged with a misdemeanor.

“This legislation would address these types of issues by reintroducing judicial discretion for cash-bail and pre-trial detention for level 2 and 3 sex offenders who are charged with endangering the welfare of a child and certain public lewdness offenses,” Kaminsky wrote. “There is a risk of recidivism with level 2 and 3 sex offenders and these crimes are especially serious as they are often targeted at children and other vulnerable members of society. It is important we address this gap in the law. In these instances, these offenses are as serious, if not more serious, as felonies under cash bail reform that remain part of the criminal justice system.”

There have been at least five bills introduced in the state Legislature since June seeking to change aspects of the criminal justice reform or to postpone the reforms for a year.

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