A Special Look at Commissioner Tisch’s Remarks on Public Safety

Since the pandemic and the enactment of criminal justice reforms since 2019, crime levels in New York City have remained stubbornly high.

At a recent event hosted by the Partnership for New York City, the nonprofit organization that powers this Coalition, newly appointed Police Commissioner Jessica Tisch shared her views on public safety, highlighting key issues and areas for urgent reform.

Surging Recidivism

Per Tisch, the city’s core issue isn’t a rise in crime overall, but recidivism (i.e., repeat offenders cycling through a broken system).

“New York City does not have a ‘surge in crime’ problem. We have a surging recidivism problem. And unless and until the city and the state address the increasing recidivism problem in our criminal justice system, we will never achieve the true public safety gains that the people of our great city need, expect, and deserve.”

Tisch pointed to cases where individuals with dozens of prior arrests were released only to commit further crimes, as well as data showing that 38 individuals were responsible for 1,162 crimes on the New York City subway — that’s about 31 crimes each.

Judicial Limitations on Setting Bail

New York State’s unique bail laws prohibit judges from considering a defendant’s “dangerousness” when setting bail — a restriction found nowhere else in the country.

“49 out of 50 states in the United States allow judges to consider the dangerousness of a person when deciding whether to set bail. New York State is the only state where they are not allowed to do that. That’s nuts.”

Tisch argued that this limitation prevents judges from effectively addressing potential threats to public safety.

Unintended Consequences of 2020 Changes to Criminal Laws

Sweeping criminal justice reforms  — particularly changes to laws governing how bail is set and “discovery laws” that dictate how evidence is dealt with in criminal cases — marked the beginning of an increase in crime in New York that can’t be blamed solely on the pandemic.

“These so-called criminal justice reforms were meant to make the system more equitable, but in practice, they skewed the focus away from the victims of crime. They made it harder for prosecutors to present cases and returned repeat offenders to the streets — again and again and again.”

The new discovery laws, which require prosecutors to turn over substantial case materials on accelerated timelines, have strained the justice system and complicated efforts to hold offenders accountable.

New York City’s Justice System Needs Reform

Recidivism, limitations on judicial discretion on bail, and discovery laws that strain the court system and advantage criminal offenders are systemic issues that require robust reform. Tisch called for practical, data-driven solutions to ensure public safety and rebuild trust.

“I think New York City is exceptional, but I do not think that New York City’s exceptionalism means accepting the status quo when that status quo does not serve New Yorkers.”

The Bottom Line

With the stakes this high, New Yorkers will be closely watching to see how Tisch and other city leaders take action on public safety. As things progress, we’ll be sure to keep you informed about policy proposals and opportunities to make your voice heard.