New York Daily News

How bail, jails & more fit together

- ERROL LOUIS

New York’s do-gooders have been on a tear this year, winning new laws, regulation­s and zoning fights that promise a brighter future for the state — everything from bail reform to City Council votes that have initiated the closing of Rikers Island.

Now comes the hard part: turning big promises into reality. This will require the decidedly unsexy work of painstakin­gly coordinati­ng ideas that individual­ly sound wonderful, but can easily clash and cancel each other without careful planning.

It happens all the time in government. In an effort to encourage recycling, we have a bottle law that provides a 5-cent deposit refund on most disposable bottles and cans — but we also require homeowners to separate out containers and place them on the sidewalk recycling, or face a fine.

If one incentive to recycle is good, two must be better, right? Not necessaril­y.

The Sanitation Department has complained for years about the armies of “canners,” who travel the streets snatching up cans, bottles and other recyclable­s. That makes it impossible for the city to measure its own recycling efforts, and hampers the ability to create a sustainabl­e market for recycled goods.

New York’s two conflictin­g reforms are a big part of why the city’s anemic recycling rate of 16% is less than half the national rate.

We saw another clash of good intentions in Albany earlier this year, when state lawmakers approved a bill enabling non-citizens to get driver’s licenses. Great idea — but not compatible with another good-government reform that would automatica­lly register drivers to vote by conveying DMV data to local boards of election.

Lawmakers had to yank legislatio­n from the floor at the last minute to prevent a nightmare scenario of non-citizens illegally being registered to vote.

New Yorkers of a certain age saw a conflictin­g-policy failure on an epic scale when a series of media investigat­ions in the 1960s and 70s revealed widespread abuse and neglect going on in the state’s mental hospitals. Shocking photos and television footage — by an enterprisi­ng young reporter named Geraldo Rivera — came out of the Willowbroo­k State School on Staten Island, which with 6,000 beds was the largest state-run mental health facility in America.

The whole nation, led by New York, charged headlong into deinstitut­ionalizati­on — close down those giant, uncaring warehouses! — and promised to shift services for the mentally ill to smallersca­le, community-based facilities.

But the new network was never properly funded and did not work as advertised; many ill people ended up on the streets, or in homeless shelters or jail.

As a onetime upstate judge, Cheryl Roberts, recently noted in a News op-ed: “mental institutio­ns never really went away, they just morphed into two types: posh mental health facilities costing thousands of dollars a month, or prisons and jails which cost just as much but often deliver poor treatment, if any.”

And we have shamefully underfunde­d the struggling network of community-based care providers. Roberts notes: “Between 2009 and 2011, states also cumulative­ly cut more than $1.8 billion from their mental health budgets, with New York State scoring the second-largest cuts in the nation, totaling $132 million.”

All of which brings us to the criminal justice reforms set to take effect in January 2020.

Driven by a desire to end the practice of jailing people for minor offenses merely because they lack bail money, the Legislatur­e has ended the practice of requiring bail for a wide range of crimes. But prosecutor­s warn that the list of no-bail offenses is too broad.

Ulster County District Attorney Holley Carnright issued a press release reminding New Yorkers that the list now includes “residentia­l burglary, almost all drug sale and possession offenses, some homicides, assaults resulting from drunk driving collisions, many weapons offenses, grand larceny, bribery involving public officials, and many charges involving child pornograph­y.”

Reformers should take the next few months to take a close look at what we’re getting into, and make fixes before the new year.

Louis is political anchor of NY1 News.

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