by Doug La Rocque
Members of the Republican New York State Senate Caucus were joined at the New York State Capitol by representatives of the Law Enforcement Community as well as some NYS Assembly members on Monday, January 10, to express their ongoing displeasure with what was labeled as bail reform, enacted as part of the State’s 2019-20 budget process and now law. They criticized this law for taking away critical decision making for judges when it came to setting cash bail for alleged offenders. Specifically the law eliminated cash bail for most misdemeanor and non-violent felonies, including stalking, assault without serious injury, burglary, many drug-related offenses as well as some kinds of arson and robbery. The Senate Republicans point to what they call a high rate of criminal recidivism among those released on their own recognizance, and bemoan that judges cannot take into consideration bail for those with long arrest records or other signs they might commit another crime. A report in the New York Times this week says during the first year of bail reform, approximately 100,000 adults were released under the program, with one-third of those sustaining a new arrest while their initial case was pending. That report says about four percent of these new arrests result in violent felony charges, with about one percent arrested again for a violent felony involving a firearm.
State Senator Daphne Jordan has joined her colleagues in a call for change, stating in a press release “Restoring public safety must be job one to ensure that citizens, communities and small businesses are safe from the ongoing wave of violent crime that’s threatening the security of all New Yorkers. Reckless, misguided, soft-on-crime policies advanced by radical Democrats have empowered criminals and hamstrung law enforcement. Repeal of the discovery and bail reforms enacted by the Democrats can help restore the balance of justice and result in a State that’s safer and more secure for law-abiding New Yorkers.”
Assemblyman Jake Ashby who also represents most of Rensselaer County issued a statement on Monday in regard to the call for changes. In his press release Mr. Ashby said “Despite only being in effect for a little over a year, the overhaul of our State’s Judicial and Cash Bail systems has proven to not only be a tremendous failure but also a driving force in making our communities less safe. It is imperative that we empower our judges and law enforcement officers with the ability to properly carry out the oath they take to protect and serve our community.”
The Eastwick Press reached out to Democratic Assemblyman John McDonald, who represents portions of Rensselaer County as well, for his views on the matter. He says bail reform “is a work in progress that needs to be reviewed and tweaked.” He agreed that judges need more discretion in when or when not to set bail, but also brought out what he called an inequity in the previous bail laws that favored those with more financial means. He pointed out that in the case of two people charged with the exact same crime and with bail set at the exact same amount, one person with financial means may be released while the second remains locked up. It is this disparity he feels the new bail reform laws start to address and would not like to see them walked back.
While not at the Monday conference, Rensselear County Sheriff Pat Russo said he too wants judges to be able to consider a number of factors when deciding whether to set bail and how much. He told The Eastwick Press he understands the disparity between who may and may not have the financial means to “bail out,” but further pointed out those incarcerated have bail hearings, where a number of circumstances can be considered and the amount of bail reduced or eliminated altogether. More importantly to the Sheriff is the question “what about the victims of these crimes? Is it fair for them to have to be concerned or even scared that the alleged perpetrator may be quickly released back on the street to accost them or their property again, or perhaps target another victim?”
Many are waiting to see what Governor Kathy Hochul might have to say on the matter, as she did not address bail reform during her recent “State of the State” address.
