5 Rockland Legislators Beg State To Amend Bail Reform Law

NEW CITY, NY — Five Rockland County legislators wrote to New York lawmakers Dec. 12 begging them to halt or a least amend far-reaching new criminal justice reform laws before they take effect on Jan. 1.

In April 2019, state lawmakers passed sweeping legislation restricting the use of cash bail and pretrial jailing. The laws were designed to stop the pattern of keeping poor people in jail before trial because they can't afford bail.

While cash bail and jailing are still allowed under most violent felony cases, opponents have homed in on certain parts of the law that ban setting bail for second-degree burglary, robbery and major drug crimes outside of trafficking charges.

The laws also change rules around how prosecutors and accused criminals share evidence.

The lawmakers object to the reforms, saying they are unfair to crime victims; to law enforcement agencies and district attorneys that must turn over massive amounts of pre-trial materials in just 15 days; and to counties that must create at their expense an agency to monitor defendants released on the new no-bail provisions.

“Many of us agree that criminal justice reform is needed,” Rockland County Legislator Alden Wolfe said. “But such changes can only be made after careful research, as well as deep consideration of the implications of the changes. To do otherwise puts all people – and certainly those who are crime victims – in jeopardy. Many of the new laws clearly were not considered with the bigger picture in mind and they need to be amended and in some cases, eliminated completely.”

Wolfe, who is a practicing attorney, along with Rockland County Legislators Michael Grant, Jay Hood, Phil Soskin and Itamar Yeger, wrote to Rockland’s state representatives imploring them to amend or delay the new laws.

Their letter to state Senators David Carlucci and James Skoufis and Assembly members Ken Zebrowski, Ellen Jaffee, Colin Schmitt and Karl Brabenec, requests action through the convening of an emergency session of the State Legislature, by an emergency executive order or any other means prior to Dec. 31.

Yeger said he was astonished it hadn't already happened. "It is hard to believe that despite the public outcry by members of the law enforcement community, district attorneys, and crime victims and their advocates, no changes have been made and no delays have been put in place."

Eligible for release once the laws kick in on Jan. 1, including those in the Rockland County jail, are people accused of misdemeanor domestic violence, possession of child porn, cruelty to animals and endangering a vulnerable elderly or disabled person, Yeger said.

The legislators also objected to the provision approved in the spring that requires counties to monitor defendants released under the no-bail provision.

Grant said New York state has been working for years to steadily reduce crime and that the statistics show the effort has been successful. "The new laws do not acknowledge that. Instead, they appear to create a chaotic system out of an unnecessary need to rush to change. Prudent actions are needed to bring about the changes we want without contributing to potentially more problems."

Soskin said he worried those alleged to have committed misdemeanor crimes could return to crime scenes – including a crime victim’s home or workplace.

The legislators want numerous changes to the laws made, including giving judges the discretion to set bail when appropriate; expanding the pre-trial materials submission timeline from 15 days to 45 days; requiring court appearance reminders to be sent not only to defendants, but to crime victims; and including crime victims in the reform efforts by soliciting input from them and their advocates and by considering their suggestions for improving the new laws.

"These new laws did not go far enough in considering the rights of crime victims," Hood said. “Victims of crime are some of the most vulnerable groups in society, and these laws fail to consider their role in the criminal justice system. You can’t just consider the rights of those accused of committing crimes. You must also consider those who have been victimized."

HAVE YOUR SAY:

NY Bail Reform Not Without Controversy [POLL]