New York lawmakers debate bail and judicial discretion in budget hearing as Hochul pushes change

ALBANY — New York lawmakers on Tuesday discussed public safety with the court and state officials during a wide-ranging budget hearing held as Gov. Hochul pushes for another overhaul of the state’s bail system.

Democrats have been pushing for administration officials and the highest courts to propose that the governor remove language from state bail laws requiring judges to impose “least restrictive” conditions to secure a defendant’s return to court.

A bail sign hangs on the wall of a building near the Brooklyn Courthouse and Jail.

Hochul argues that the clause, passed before 2019 reforms restricting pre-trial detention for most non-violent crimes, caused confusion among judges after changes made to last year’s budget forced lawyers to weigh a host of other factors when considering release. pledge.

After being questioned by Senator Liz Krueger (D-Manhattan) on the matter, Acting Chief Administrative Judge Tamiko Amaker rejected the idea that the state’s lawyers were not properly trained or did not know the meaning of the law.

“I don’t think most judges have a problem understanding the law,” Amaker said. “I think that like any other area of ​​criminal law, you will have different opinions, but that does not mean that judges do not understand or are not trained in the law or do not understand what their options are.”

Of the 1,300 criminal trial judges in New York, about 1,000 have been trained in bail laws, Amaker said.

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.

New York Governor Kathy Hochul

Proponents of a cashless bail system argue that the Governor’s current proposal to remove the least restrictive standard would sow chaos, not clear confusion.

Kathy Shaffer, director of advocacy and organization for the Center for Community Alternatives, said the change would be “legally unworkable.”

“This will lead to an increase in the number of prisoners and will force judges to resort to the worst forms of bias,” Shaffer said. “The lack of a standard will lead to arbitrary decision making and more confusion.”

Republicans and Democrat Mayor Adams have repeatedly pushed for more leeway for judges when it comes to setting bail and blamed the reforms for the increase in crime.

During the hearing, Democrats insisted there was no data showing any link between cashless collateral and rising crime.

“I’m just looking for evidence … and it seems that the evidence, the empirical evidence, doesn’t necessarily match the specific changes required at this time,” Sen. Jamaal Bailey (D-Bronx) said.

Sen. Jamaal Bailey (D-Bronx)

Asked about the lack of evidence behind the governor’s proposed changes and Amaker’s testimony, Criminal Justice Commissioner Rossana Rosado said “judges have inconsistently applied these reforms.”

“I don’t know if the judges in the courts say one thing and the governor another,” Rosado said. “I think she’s trying to answer the complaints she hears and she wants to talk.”

Bail was not the only issue discussed at the many hours of the hearing.

Sen. Michael Janaris (D-Queens) also questioned Amaker over reports that former Chief Justice Janet DiFiore and Acting Chief Justice Anthony Cannataro understated compensation to state tax authorities by failing to report any personal use of state-funded chauffeured vehicles. , in 2022.

Both DiFiore and Cannataro used bailiff security information last year but did not report any personal use in their annual tax returns, according to Law360.

Gianaris called it a “serious corruption problem”.

Amaker said she could not divulge whether DiFiore, who retired last summer, is still under taxpayer-funded security surveillance because it “would put the former chief justice in serious danger.”

Amaker added that DiFiore had repeatedly received threatening messages, and a stalker once followed her to a vacation home and confronted her in 2018.

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