To the delight of many lawmakers, the possibility of a change in the state’s current bail-reform policy is being floated in Albany.

The New York Daily News reported that, in her State of the State Address last week, Gov. Kathy Hochul suggested that judges be given more leniency when considering the standard that required judges to consider a defendant’s financial ability to post bail before deciding on a monetary amount. She said that option ought to be considered in cases involving “serious crimes” which are “already eligible under the law.”

New York’s bail law currently eliminates money bail for most misdemeanors and nonviolent felonies. Those accused of these crimes are either freed without restrictions while their case plays out, or released under certain conditions like electronic monitoring. The law also requires police to issue appearance tickets to people charged with some low-level minor offenses, rather than taking them to jail. It’s based on the premise that bail is not supposed to be a punishment, but rather a guarantee that a defendant will show up in court. Supports of bail reform, including the American Civil Liberties Union, have argued that any attempt to roll back bail reform will have disproportionate impacts on Black people and other people of color. The ACLU notes that “Black New Yorkers were also twice as likely as white New Yorkers to spend the night in jail, and face a host of collateral consequences – including loss of employment, housing, childcare, and more – after bail was set.”

Since the enactment of bail reform, there is also a disparity based on geography. A student commissioned by the John Jay College of Criminal Justice notes that “In general, NYC judges were less likely to set bail or remand than judges in Upstate or Suburban New York (both pre and post reform).

But there is also some concern among law enforcement of people being released on their own recognizance after being accused of “less serious crimes,” only to be arrested again and again - sometimes for more serious crimes.

It has been suggested that, at the very list, the list of offenses for which bail can be set, should be revised. Also proposed is that the “least restrictive clause” - one that requires judges, on charges where bail is an option, to enforce the least restrictive method to ensure the defendant’s reappearance.

The governor, in her address, noted that “the bail reform law as written, leaves room for improvement. And as leaders, we can’t ignore that.”

Tough to argue with that.