Bail reform an issue for police, prosecutors
ROCHESTER, N.Y. – It was a bill that brought brutal backlash from law enforcers and prosecutors all across the Empire State.
No bail for suspects charged with misdemeanors and non-violent felonies. Leaving judges no discretion to assess whether the suspect was dangerous and warranted being held on bail.
Police called it a bad bill that compromised public safety. For example:
“If you had a new domestic [incident] with your spouse and you assaulted them, you could not be held. The judge would have to let you go,” Monroe County Undersheriff Korey Brown said.
The state legislature passed the new laws back in April and if there are to be any changes made before they go into effect, the governor would have to do it himself or call the lawmakers back into a special session before the end of the year.
“Judges will no longer have judicial discretion to set bail on over 400 alleged crimes: burglary in the second, robbery in the second, criminal sale of a controlled substance, the sale in or near a school and the sale to a child,” Wayne County Sheriff Barry Virts said.
One by one, our area’s top law enforcers expressed their concerns with the criminal justice reforms coming to New York.
“Let’s not be the state where others are talking about how New York got it wrong,” Rochester Police Chief La’Ron Singletary said.
But this last-minute push for change is just that: very last minute.
Jennifer Lewke, News10NBC investigative reporter: “The legislature isn’t due back until after Jan. 1. At this point what do you think you can do to stop this from full steam ahead?”
Korey Brown, Monroe County undersheriff: “We’re really hoping that the governor will convene the legislature just to put a delay on it, that’s all. We’re not asking for them to say we’re not doing it. We’re asking for a delay so that we can be part of the conversation to assist in modifying it.”
Jennifer Lewke, News10NBC investigative reporter: “Do any of you up there think that there’s a chance the governor will hear you?”
Perry Duckles, Monroe County assistant district attorney: “Um, well, we can always hope, I guess.”
Assemblyman Mark Johns, R-Perinton, says he’d answer the call for a special session before the end of the year.
Mark Johns, assemblyman: “Call all of us back and let’s do some chapter amendments, as they call it in Albany, and fix this bill.
Lewke: “Do you foresee that happening?”
Johns: “Unfortunately, I don’t.”
In a statement, the New York Civil Liberties Union says, “Today’s efforts to derail much-needed changes to our criminal legal system is a sad attempt to disrupt a pathway to justice.”
And in a statement, a spokesman for Gov. Andrew Cuomo indicated the governor has no intention of slowing these reforms down, saying:
“Republican Gov. Chris Christie passed essentially the same bail reform laws years ago in New Jersey and their state reports have shown that overall crime has decreased with no statistically significant changes regarding re-offenses or court appearances. We carefully considered the views of law enforcement to ensure we enacted balanced reforms that were long overdue and will bring greater fairness to New York’s criminal justice system.”