Responding to a number of high-profile crimes that have upset New Yorkers and to a surge in gun violence during the pandemic, Governor Kathy Hochul is urging state lawmakers to change the state’s controversial bail law, according to an internal memo. obtained by DailyExpertNews.
Ms. Hochul wants to expand the number of crimes that qualify for bail and give judges more freedom to account for the criminal histories of those charged with serious crimes, as well as the harm such defendants can inflict on others.
If passed, these measures would reverse some of the changes made to the state’s bailout law in 2019 by a reformist, Democratic-led legislator and end New York’s status as the only state in the country. that prevents judges from considering the danger. made by a defendant when making bail decisions.
Ms Hochul’s proposals, part of a broad 10-part public safety plan, first reported by The New York Post, would allow police to arrest people for minor repeat offenses that would otherwise be dealt with with a ticket for the appearance of an agency; expand the number of gun offenses eligible for bail; and lower the threshold to prosecute arms trafficking.
Ms. Hochul, a Democrat who is running for her first full term as governor this year, has come under intense political pressure from Republicans and moderate sections of her own party to join their efforts to pass the bailout law. to change the state.
But her stance could put her on a collision course with legislative leaders, who have shown little interest in revisiting one of the most explosive and divisive policy issues in Albany — rejecting previous pressure from Mayor Eric Adams, who also advocates for changes in bail law.
Ms. Hochul is pushing for the bail changes to be included as a non-tax part of the state budget, to be paid on April 1, according to a state official familiar with the discussions. Governors traditionally have more influence in budget negotiations, and linking bail changes to the state’s fiscal plan may be one of the few avenues for Ms. Hochul to get through a reluctant legislature.
“As the governor has consistently said since she has been governor, she does not negotiate in public,” said Hazel Crampton-Hays, a spokeswoman for the governor. “We look forward to continuing to work with lawmakers to deliver a budget that serves New Yorkers.”
Mike Whyland, a spokesperson for Assembly speaker Carl Heastie, said Mr Heastie was not aware of Ms Hochul’s bail proposal and declined to comment. A spokesman for Andrea Stewart-Cousins, the Democratic-majority leader of the state Senate, did not immediately return a request for comment.
The state’s bail law was revised shortly after Democrats took full control of the legislature in 2019 and began leading the way on long-sought criminal justice reforms that they said were designed to stop criminalizing the state. arms. One of the main goals was to reduce the number of people awaiting trial who were held in detention for not being able to pay bail.
The changes have drastically limited judges’ ability to grant bail to a select number of crimes, including violent crimes and sexual offences. Most felonies and nonviolent crimes were ineligible, meaning those charged with such crimes have been released without bail.
But even before the changes were implemented, they faced a lot of criticism; in early 2020, a broader list of felonies became eligible for bail.
Even with those changes, Republicans used the bail bill changes as a campaign issue in their efforts to brand Democrats gentle on crime, arguing that the revisions had led to the release of dangerous criminals. Some prosecutors and law enforcement also joined the resistance, blaming the reforms for the recent increase in murders, shootings and certain other crimes in New York City, although there is little evidence to suggest the law is guilty. A recent Siena College poll showed that a majority of New Yorkers viewed crime as a serious problem and wanted the state to change its bail laws.
Parts of Ms. Hochul’s plan appear to focus on subway crime and the rise of gun violence. Her plan would allow police to arrest people for certain crimes against subway drivers and workers, where they can currently only get tickets at the counter.
Perhaps the most sweeping element of Ms Hochul’s proposal is her plan to allow judges to use criteria to consider the danger that individuals accused of certain crimes pose to those around them.
Currently, judges can only impose the least restrictive conditions necessary to ensure that suspects return to court. Ms Hochul’s proposal would change that for suspects charged with certain violent and weapon crimes.
Criminal law experts said adding a so-called danger standard while preserving the use of cash bail made little sense, as even defendants who had been set high bails could still pay for their release. Others said such standards often led to racist results in other states.
“The proposal seeks a middle ground by giving judges discretion,” said Elizabeth Glazer, a chief of the mayor’s criminal justice office under Bill de Blasio, the former mayor of New York City. “But the whole cash bail system is flawed and needs to be eliminated because it applies to those with minor offenses and releases those who pose a risk.”
One of the broadest provisions, designed to deal with repeat offenders, would ensure that every second offense occurs while a suspect is awaiting trial and eligible for bail.
Ms Hochul’s proposal caused immediate backlash from public defenders’ organizations. Marie Ndiaye, a supervisory attorney with the Legal Aid Society, called on lawmakers to reject it outright, saying it would increase prison populations and disproportionately affect black and brown New Yorkers.
“The bail reform data speaks for itself: The overwhelming majority of New Yorkers released pending trial are not committing new crimes and are not coming back for future court hearings,” she said, adding in a brief interview. added: “This bail reform no longer applies. This is a brand new bail, which is regressive.”
Experts believe that the bail changes have only had a relatively limited impact on public safety, but the issue has nonetheless come to dominate the political debate surrounding the rise in some categories of crime in New York City.
Some of Ms. Hochul’s rivals in the governor’s race, as well as super PACs, have already spent millions of dollars on television advertising attacking Ms. Hochul for not taking a public stance on bail laws.
Ms Hochul has repeatedly said she is open to discussions with lawmakers on the issue, and in recent weeks she has unveiled initiatives to combat gun violence, including an interstate task force to tackle illegal weapons.
Representative Thomas Suozzi, a Long Island Democrat who is battling Ms Hochul in the primaries, has made it the centerpiece of his campaign. On Thursday, he accused Ms Hochul of copying his plan, but also said hers “doesn’t go far enough”.
Mrs. Hochul’s plan would allows judges to try minors charged with gun possession in criminal court. Mr. Adams also supported changing the law that set 18 as the age for criminal responsibility, saying it was being exploited by gang members to avoid responsibility for gun crimes.
Data from the Criminal Justice Agency shows that nearly 50 percent of 16-year-olds arrested in the year after responsibility was increased were later re-arrested. But compelling data on the broader impact of the bail law changes remain elusive.
The governor’s proposal also focused on the new statute that forced prosecutors to turn over evidence about a case to defense attorneys within a tight time frame. The law has placed a heavy burden on New York prosecutors since its enactment, increasing the amount of paperwork that assistants have to handle in each case and sometimes even leading to cases being dismissed.
Brooklyn District Attorney Eric Gonzalez admitted to prosecutors in his office in January that the new rules had presented “enormous challenges” and said his employees “had trouble not being crushed under the weight” of the new rules. obligations.
Ms Hochul’s proposal would prevent cases from being dropped if the content of the evidence had already been provided to defense attorneys, and would completely exclude traffic violations from the evidence requirements.
Finally, the governor has proposed increasing funding for pre-trial services and for the treatment of the mentally ill.
Nicholas Fandos reporting contributed.
