Sheriff Speaks Out Against Bail Reform In Albany

SUFFOLK COUNTY, NY — Suffolk County Sheriff Errol Toulon joined other lawmakers in Albany on Tuesday to advocate for the amendment or repeal of new bail reform legislation.

Toulon has been a vocal opponent of bail reform and has criticized what he deems the lack of discretion available to judges in deciding if a defendant should be released from court without monetary bail or pre-trial services. Toulon has said he believes a defendant’s mental state, prior criminal history, potential for violence, domestic abuse, and likelihood of criminal recidivism should all be factors in decisions to set bail.

“I share the concerns of those calling for a fairer and just legal system for all; but the rushed passage of this law, with minimal input from victims’ rights groups and the law enforcement community, has resulted in many serious public safety issues," Toulon said.

Toulon has said that it is “unconscionable and reckless” that there is no bail allowed for charges related to drunken-driving fatalities or unintentional homicides, and a lengthy list of other violent, though not technically violent, crimes.

The new bail legislation sparked a divided response.

Suffolk County Police Benevolent Association President Noel DiGerolamo also recently condemned New York State’s new “progressive” bail reform that he said has led to over 300 inmates being released back onto the streets in Suffolk County alone.

DiGerolamo called on the State of New York to immediately reverse the "catastrophic" bail reforms in the interest of public safety and law and order.

“The new bail reforms are nothing short of insidious and a plague on law enforcement. They were crafted by defense attorneys with a nefarious agenda and have made our neighborhoods a criminal’s playground," he said.

Under New York State's new bail reform law, which took full effect on January 1, defendants who once would have been remanded to county jails on bail for misdemeanors and some felony charges are now required by the law to be released on their own recognizance from court.

According to a release from Toulon, who has spoken out against the bail reform legislation, in Suffolk County, from January 1 to January 20, the time period since the legislation took effect, remanded inmates are down 64% from the same time period last year.

As previously reported, 301 inmates were released from the Suffolk County Correctional Facility from November 15 through December 31 in anticipation of the law; that number reflects inmates who could no longer be held on bail or bond, regardless of the severity of the crime, and the defendant's past criminal history, the release said.

Since Jan. 1, 172 individuals have been remanded by the courts to the jail, as compared to 475 during the same period last year, the release added.

Toulon joined Nassau County Executive Laura Curran and top law enforcement officials from Long Island in creating a new "Common Sense" coalition to recommend changes to the bail reform law; the recommendations were sent to state lawmakers.

Many of the crimes covered under the new bail reform legislation "are surprising to New York residents who do not find them to be 'non-violent,'" a previous release from Toulon's office said.

Some crimes included in the bail reform legislation include third degree assault; aggravated vehicular assault; aggravated assault upon a person less than eleven years old; criminally negligent homicide; aggravated vehicular homicide; second degree manslaughter; first degree unlawful imprisonment; first degree coercion; third and fourth degree arson; first degree grand larceny; criminal possession of a weapon on school grounds or criminal possession of a firearm; specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child; promoting an obscene sexual performance by a child; possessing an obscene sexual performance by a child; and promoting a sexual performance by a child.

Jail can be an opportunity for individuals to connect with substance abuse and mental health services before individuals are released back into communities — and even a brief stay can positively affect those inmates, and give crime victims an opportunity to create a safety plan, Toulon has said.

"We have to stop looking at jail time as just punitive. It can be a time for intervention. It can be that moment in someone's life that sets them on a path towards recovery," Toulon said.

The sheriff also voiced concerns for general public safety. "Releasing repeat recidivists, violent individuals, and those with substance abuse and mental health problems immediately back into communities following an arrest poses significant public safety risks for innocent victims," he said.

Others applauded the legislation. The New York Civil Liberties Union issued a statement from Executive Director Donna Lieberman at the end of 2019:“The end of this decade marks a new dawn for justice in New York. The bail, speedy trial and discovery reforms set to take effect in the new year will mean that thousands of New Yorkers who are presumed innocent of the misdemeanor and non-violent felony charges they face will no longer be forced to sit in jail awaiting trial," she said.

Prosecutors, she said, will be required to provide timely access to the evidence in criminal cases so that New Yorkers facing criminal charges can make an informed decision to go to trial or plead guilty, free from the coercion of being jailed before trial.

"While the bail, discovery and speedy trial reforms are major steps toward justice, New York still has a lot of work to do. It’s time to overhaul our draconian parole system which subjects people who are rehabilitated and released after serving long sentences to a perpetual threat of arbitrary re-incarceration. It’s time finally to put an end to the abuses of solitary confinement. And it’s time to legalize marijuana and reinvest in the black and Latino communities who were the targets of all but a tiny handful of marijuana prosecutions," Lieberman said. "As we celebrate the important victories of 2019, we will continue to push forward to make justice a reality for all New Yorkers.”

Toulon, however, said incarceration can prove invaluable: Inmates often detox upon entering the facility, coming off of drugs and alcohol in a safe environment, he said. They can then begin addiction programs, therapy programs, high school equivalency classes, specialized youth and 55+ housing areas, and more. If these offenders are not remanded by the courts, the chances of them entering a program are very slim, the release from Toulon's office said.

Human trafficking is also a "big problem in Suffolk County, and many human trafficking victims are only identified and helped once they enter the facility on an unrelated charge," the release said.

Once in the facility, steps are taken to identify those victims and help them move on from their traffickers, the release said.

The release of 301 inmates under this new legislation is deeply concerning, Toulon's release said. "As we look at the effects of the 'official' enactment of bail reform, there are clearly serious issues with this state law. Judges must have discretion to determine bail based on a criminal defendant's likelihood to re-offend and cause further pain to his or her victims and the public at large," Toulon said, adding, "The New York State legislature should amend or repeal bail reform now."

Other law enforcement officials weighed in.

"The bail reform changes are only one segment of the criminal justice reforms that the New York State Legislature enacted that are extremely troublesome and ill-conceived," said Southold Town Police Chief Martin Flatley. "Some of the serious crimes where our court systems are not allowed to hold suspects on bail were not thought out before enacting, which they are realizing now. I don't agree with not allowing our judges to have discretion in a suspect's bail status, taking into consideration the public's safety and the safety of the victim of the crime — the victims of crimes are who we are supposed to be supporting."

The New York State Legislature, Flatley said, "must revisit this topic and consult with law enforcement, the courts and the District Attorney's Office this time around, rather than blindly passing laws such as this without any input from the professionals that are sworn to uphold these laws."

Responding to the bail reform backlash, New York State Governor Andrew Cuomo responded, according to cbslocal.com,"There's no doubt this is still a work in progress, and there are other changes that have to be made." .