DA candidate promotes drug treatment plan
In an effort to “mitigate the damage” of state bail reform, the Ulster County District Attorney’s Office will provide members of law enforcement with cards to be distributed to some individuals who, under the new law, will be released with court appearance tickets after being charged with certain nonviolent drug offenses, Chief Assistant District Attorney Michael J. Kavanagh said Friday.
At a press conference in front of the county courthouse, Kavanagh, the Republican candidate for district attorney, said he supports “responsible bail reform . ... However this reform goes far too far, way too far, and it endangers lives.”
Bail reform, signed into law earlier this year by Gov. Andrew Cuomo, will prevent judges from imposing bail in a majority of cases, keeping many individuals charged with nonviolent crimes out of jail while awaiting trial. Kavanagh said alleged drug addicts arrested after bail reform takes effect on Jan. 1, 2020, will be released and not see a judge for up to 20 days.
The card, according to Kavanagh, will contain the following message: “You have been issued an appearance ticket for a drug offense. If you are suffering from addiction, Ulster County is interested in getting you help. You may be eligible for treatment programs that will start you on the path to recovery, and we can get you connected to those programs. Seeking treatment during the pendency of your case will not be used against you in a court of law, but may have a positive impact on the ultimate disposition of your charge(s).”
Kavanagh said the card also will “lay out some options that they may choose.”
“I don’t know how successful this is going to be,” he said. “I know that when you’re dealing with somebody that is addicted to opioids, that if they have an opportunity to go out and use or to go get help, 99 percent of the time they’re going to use. But if this saves just one person’s life — if one person makes the choice to get help and to go seek treatment — then it’s worth it.”
The campaign of Kavanagh’s Democratic election opponent, private-practice attorney David Clegg, did not respond to emailed requests for comment about Kavanagh’s proposal.
Clegg has said he supports programs that would put drug offenders into rehabilitation without forcing them to admit a crime as a condition of receiving treatment.
He has agreed with Kavanagh that bail can be used as a tool toward recovery and has said the county needs programs to enable individuals to access rehabilitation programs without having to go through the criminal justice system.
Like Kavanagh, Clegg has said he supports some form of bail reform.