Governor Hochul Hopes to Revisit New York’s Bail Laws Again as Budget Negotiations Begin

ALBANY. The public safety portion of Governor Hochul’s proposed budget includes increased funds for prosecutors, expanded programs to prevent gun violence, and another amendment to state bail laws.

The governor is hoping to win over fellow Democrats who control both houses of the Legislature and have expressed doubts about revisiting reforms already passed as negotiations begin.

“I look forward to a thoughtful conversation with the Legislature about our bail laws,” Hochul said after unveiling her $227 billion government spending plan last week.

The governor says “contradictory language,” some of which she pushed lawmakers to include in last year’s budget, has led to confusion among judges.

To clarify the issue, Hochul wants to amend again the 2019 bail reform law, which removed cash bail and mandated release for most misdemeanors and non-violent felony offenses, removing language requiring judges to set “least restrictive” conditions to secure the return of the accused. to court.

“We looked at it very thoughtfully and realized that the judges are telling us that they don’t have the clarity they need when someone is in front of them, and in particular, they meet the bail eligibility standards,” said governor. as she submitted her Executive Budget Proposal last week. “Do you know by what criteria they determine whether to enter bail or not, to release someone, to enter bail or arrest?”

Last year, Hochul successfully harmonized language with the state budget, giving judges more leeway when setting bail in cases involving repeat offenders, weapons, and defendants violating protection orders.

These changes dragged out negotiations with the Legislature and resulted in the budget being approved more than a week after the April 1 deadline.

Under a legislative proposal included in Hohul’s current budget plan, judges may take into account a defendant’s “activities and background”, past criminal convictions, past use or possession of a firearm, whether the charges include charges of causing serious harm, and their financial situation. circumstances in the appointment of bail.

It remains to be seen if lawmakers will have any appetite for further changes, as several senior Democrats in the Senate and Assembly have said more data is needed to truly understand the implications of a cashless bail system.

The governor’s push for further bail reforms follows her closer-than-expected electoral victory over Republican Lee Zeldin, who has been hitting Hochul’s blows to crime and public safety throughout the campaign.

Proponents of New York’s cashless bail system have repeatedly pointed out the lack of data showing any link between the 2019 bail laws and rising crime.

Assemblyman Latrice Walker (D-Brooklyn) argues that removing the least restrictive standard “will send more black and brown people to jail before trial without increasing public safety.”

“New York’s 2019 bail reform law didn’t create a standard, it just codified it,” she said. “Bail is a tool to ensure that defendants return to court; it is not meant to be punished.”

However, Republicans, as well as Democratic Mayor Adams, have repeatedly linked bail reforms to rising crime and pushed for further kickbacks.

“Unless massive changes are made to criminal justice policy that contribute to the violent crime that our communities suffer, any talk of supporting law enforcement will be just rhetoric,” Assembly Minority Leader Will Barclay (R-R.A.) said Friday. Oswego). “Police need adequate funding and training, but this must be accompanied by laws designed to protect them and the communities they serve.”

At a joint legislative hearing last week examining crime statistics and data collection, NYPD Chief Jeffrey Maddrey said last year’s bail changes did not address the problem of repeat offenders, and said, that about 2,000 people had committed violent crimes. felony after release in recent years.

“Even more people with a recent persistent addiction are committing other crimes,” Maddry said. “This small population is responsible for New York City’s disproportionately high crime rate and reflects a serious problem of recidivism.”

He also argued that statistics show an increase in the number of dismissed cases, as well as an increase in the time from arraignment to the issuance of a decision after changes in the law required prosecutors to share evidence with defense lawyers in a more timely manner.

“This could mean that dangerous people are on the streets longer and innocent people are waiting longer to clear their name,” Maddry said.

However, he acknowledged that “gaps” in the data make it “difficult to get an accurate picture of what’s going on in the criminal justice system.”

Assembly Speaker Carl Histie (R-Bronx) pointed to the lack of consistent data and the fact that crime has risen nationwide in recent years.

“Can we just stop focusing so much on bail,” Histie said after Hole’s budget plan was unveiled, “and focus on what really drives crime?”

The Governor is proposing to increase spending on programs “designed to prevent and reduce gun violence” to $337 million. Another $31.4 million is included in Hole’s Plan for Prison Alternative Programs and $20 million in pre-trial services.

Hohul’s proposal would increase funding for the prosecutor’s office by providing $52 million in aid to all 62 district attorneys’ offices across the state. Another $40 million has been allocated to support the implementation of the disclosure reform, which prosecutors have been pushing for since the 2019 reforms included changes to ensure that evidence is released to defense attorneys in time to allow defendants to make informed plea decisions.

Defense lawyers say they are being left out and argue that Hochul’s proposed amendment would destroy the state’s cashless bail system and “only exacerbate the problem of mass incarceration and exacerbate the racial differences that exist in our criminal justice system.”

In a statement released Friday, the New York State Criminal Lawyers Association argues that Hochul’s “dramatic rewriting of the law” “will create confusion by removing the wording of the very purpose of the security order — language that has always been included in New York. York bail laws.