Hochul doubles down on call for judges to have more discretion in setting bail for ‘serious crimes’

Governor Kathy Hochul on Tuesday reiterated her dedication to additional roll again elements of the 2019 state bail reforms by giving judges more discretion in setting bail for these charged with “serious crimes” and eliminating the so-called “least restrictive standard” judges should think about in figuring out whether or not to maintain a defendant pretrial.

Following an Albany information convention the place Hochul highlighted public security proposals from her State of the State handle, she repeated what’s turn into one in all her principal speaking factors to reporters: she helps the elemental thought of bail reform — ensuring low-level offenders don’t sit in jail pretrial just because they couldn’t afford bail — however thinks the 2019 reforms went too far.

“The fundamental premise behind bail reform, I have supported, because individuals accused of low-level crimes, petty crimes, should not have to be sitting in Rikers Island for three years awaiting their day in court,” Hochul instructed reporters. “That is the injustice that the original bail reforms sought to go after.”

Governor Kathy Hochul talking about her State of the State public security insurance policies in Albany. Tuesday, Jan. 24, 2022.Darren McGee/Workplace of Governor Kathy Hochul

“They went very far in sweeping all crimes in that category,” she continued. “What we’re talking about now, which is a thoughtful, common sense approach, is that, in serious crimes, the judge should have more discretion and be able to consider more factors than simply whether or not the individual is likely to return to court when they’re required to. So, we are looking at the factors that judges should consider with respect to serious crimes. I think that’s the proper balance.”

The governor hopes to implement the brand new modifications by means of this 12 months’s state price range negotiations with lawmakers in the state Senate and Meeting.

Following an unrelated press convention Tuesday afternoon, state Senate Majority Chief Andrea Stewart-Cousins stated judges have at all times been in a position to set bail for violent crimes — as a result of the reforms solely utilized to misdemeanors and non-violent felonies. Moreover, she stated, any additional modifications to the regulation can be based mostly on information, which can be reviewed at a joint listening to between Albany’s two chambers later this month.

“Our bail laws only impacted misdemeanors and non-violent felonies, so bail has always been available for any of the other categories,” Stewart-Cousins stated. “I’ve always said, and I think [Assembly Speaker Carl Heastie] said it too, we’ll do things based on data. And to that end, our committees will be having a joint hearing to go over data at the end of January.”

State Senate Majority Chief Andrea Stewart-Cousins.Picture courtesy of NYS Senate Media Providers

Hochul stated the changes she pushed through the state budget process last year, the negotiations for which held up the spending plan’s passage for over every week, had been step one in fixing what she sees as flaws in the 2019 reforms, which eradicated money bail for most misdemeanors and non-violent felonies. These modifications included giving judges more discretion to set bail in instances involving weapons and defendants who’re in violation of orders of safety.

Hochul pressed for the rollbacks to bail reform final 12 months, which got here after earlier tweaks to the unique regulation in 2020, following Mayor Eric Adams spending his first few months in workplace lobbying her and Albany lawmakers for the revisions. Adams, nonetheless, didn’t assume these modifications went far sufficient and spent a lot of the remainder of final 12 months calling on Hochul to enable judges to weigh a defendant’s “dangerousness” when setting bail.

Adams, in an announcement to amNewYork Metro, stated elements of bail reform ought to be protected whereas making “necessary adjustments,” however didn’t converse to Hochul’s particular proposals or whether or not he’ll proceed to push for a dangerousness commonplace.

“Public safety and justice are the prerequisites to prosperity, and the vast majority of New Yorkers still believe crime is a serious problem that we must tackle right now,” Adams stated. “Hard-fought reforms can be protected while we work with our partners in Albany on a holistic public safety approach that makes the necessary adjustments to ensure these reforms are working as intended. I look forward to continuing to work with my colleagues here in New York City and in Albany to get that done.”

Mayor Eric Adams
Mayor Eric Adams.Picture by Lloyd Mitchell

When pressed by a reporter for additional particulars, Mayoral Spokesperson Fabien Levy reiterated a lot of the assertion and stated the mayor’s workplace isn’t going to “debate” every of the governor’s coverage proposals “through the press.”

The governor once more spoke to her want to nix the least restrictive commonplace, which requires judges to think about the least restrictive means for getting a defendant to present up in court docket. In accordance to Hochul, the usual has created “inconsistencies in the law” that makes it unclear what elements judges can think about when setting bail.

As an example, she stated, in many instances judges upstate think about the factors she put in place final 12 months after they decide bail, however judges in different elements of the state don’t, as a result of they really feel certain by the least restrictive commonplace.

“We have an inconsistency in the law right now,” Hochul stated. “There are judges upstate who focus on those criteria. Judges in other parts of the state, downstate other judges, they only look at ‘well I’m bound by this, I have to follow this section of the law.’ All I’m trying to do right now is remedy that inconsistency that exists in law.”

The Meeting Chamber full of lawmakers for Governor Hochul’s State of the State handle.Picture courtesy of Governor Kathy Hcohul’s workplace

However Katie Schaffer, the director of advocacy and organizing on the Heart for Neighborhood Options — a legal justice advocacy group — instructed amNewYork Metro in an announcement that eliminating the least restrictive commonplace will maintain more people who find themselves presumed harmless in jail and that it’s based mostly on constitutional protections that predate New York’s reforms.

“Removing the least restrictive standards will put more people in jail without contributing in any way to our collective public safety,” Schaffer stated. “We must remember when we are talking about bail, we are talking about people who are presumed innocent and have not yet been convicted of a crime. The ‘least restrictive’ standard is based on constitutional protections and existed prior to New York’s bail reform legislation.”

Zoë Adel, analysis and advocacy supervisor with one other legal justice advocacy group, Envision Freedom Fund, pushed again on Hochul’s declare that judges want more discretion when it comes to critical crimes, saying they already have sufficient.

“The truth is, even under bail reform, judges have not sacrificed their discretion,” Adel stated. “Judges don’t need more discretion; they need more accountability. The Governor would better serve New York State by focusing on solutions that do create safety, such as increasing funds for housing, public health, education, employment opportunities, and meaningful off-ramps from the criminal legal system, instead of trying to push through policies that would funnel more Black and brown people into our state’s deadly jails.”

Source link