New York Post

JINGLE BAIL

Cuo, Blas plan early Yule for hundreds of inmates with release — and gifts!

- By REBECCA ROSENBERG and BRUCE GOLDING Additional reporting by Larry Celona and Bernadette Hogan rebecca.rosenberg@nypost.com

Christmas could come early for hundreds of New York jailbirds — including suspected killers. Gov. Cuomo wants to free them before bail reform takes effect. And Mayor de Blasio proposes giving them baseball tickets, mov i e passes and gift cards just for showing up in court.

Nearly 900 city jailbirds could be celebratin­g Christmas early courtesy of Gov. Cuomo and a plan to quietly free them before the state’s bail-reform law goes into effect next year, The Post has learned.

And if that weren’t enough of a gift, Mayor de Blasio is promising to follow up with even more presents for the lucky accused criminals — by giving them free baseball tickets, movie passes and gift cards to encourage them to return to court, sources familiar with the program said.

“You’re literally rewarding them for committing a crime,’’ said a disgusted senior staffer in Manhattan Criminal Court.

The proposed early jail release is tied to a law Cuomo signed in the spring to eliminate bail for defendants charged with an array of misdemeano­r and felony crimes.

The more than 400 offenses include criminally negligent homicide, aggravated assault on a child under 11 and selling drugs on or near school grounds, according to a memo being circulated by prosecutor­s across the state and obtained by The Post.

The law goes into effect Jan. 1 but it will be retroactiv­e, meaning inmates already locked up on such cases can apply to have their bail lifted and be freed.

In the city, court officials estimate 880 prisoners — about 16 percent of all pretrial detainees housed by the Department of Correction — will be eligible for the get-out-of-jail-free cards.

To avoid a deluge of applicatio­ns in the new year, the state Office of Court Administra­tion has held a series of conference­s where officials outlined four ways for judges to deal with the new law, according to a source familiar with the situation.

One proposal would allow judges to issue preemptive orders that “comply with the new statute before its effective date,” the source said, and the OCA is already prepping for the move.

OCA spokesman Lucian Chalfen said court and city officials had “begun the unpreceden­ted process of discharge planning and developing the complex logistical process of releasing those defendants.”

“To that end, a plan is being developed to stagger the release of defendants starting in mid-December,” Chalfen said.

“If a judge, however, feels that it was necessary to make certain [release] orders effective Jan. 1, they certainly retain the discretion to do so.”

The other options discussed include taking a wait-and-see approach, scheduling Jan. 2 hearings for everyone who applies, or issuing release orders that take effect on Jan. 1 or 2, the source said.

The Legal Aid Society, which provides government-funded representa­tion for indigent criminal defendants, has instructed its lawyers to file motions on behalf of their eligible clients immediatel­y and to seek their release as soon as possible.

Most judges “have been reluctant to go along,” but Legal Aid hopes that will change “with some guidance from OCA,” said Marie Ndiaye, supervisin­g lawyer of its Decarcerat­ion Project.

“It is completely arbitrary and cruel to hold people pretrial now who will have to be released come Jan. 1,” Ndiaye said.

“Early implementa­tion will help ensure that the Office of Court Ad

ministrati­on and the Department of Correction are not overwhelme­d, and it will also ensure that those New Yorkers being released have a discharge plan and are connected to services that they need.”

Assembly Minority Leader Brian Kolb (R-Geneva) was furious about the early-release plan.

“Any attempt to accelerate this process makes a bad situation even worse, threatens public safety and is a disservice to law-abiding citizens,” he said.

“With every law that New York

Democrats roll back, our streets become less safe. Their platform that caters to convicts and protects hardened criminals puts the rest of us in danger.”

Meanwhile, once suspects are back on the street, the Mayor’s Office of Criminal Justice, working with the nonprofit Criminal Justice Agency, will be offering tickets and gift cards to ensure inmates who get sprung don’t skip their court dates, sources said.

A law-enforcemen­t source noted the tickets would be for the Mets, whose games are in less demand than the Yankees’.

It was unclear how much taxpayer money would be spent on the rewards.

The plan echoes a de Blasio program that offered low-level criminal defendants $15 Dunkin’ Donuts gift cards to fill out surveys about their experience­s in court. That initiative cost taxpayers $800,000, The Post reported in 2017.

NYPD cops were outraged over the new goodies being offered to alleged baddies.

“It is bad enough that [suspects] have to be reminded [to go to court], but to be rewarded is ludicrous,’’ a Queens cop griped.

Referring to the baseball games, a Brooklyn officer said, “What do the

victims get — to watch it on TV?’’ Another Brooklyn cop said, “What does that say about the Mets? Are Yankees tickets reserved for murderers? I am sure it will only be a matter of time before they get out on no bail.”

A Mayor’s Office rep told The Post via e-mail Sunday that the city has a “nationally recognized, awardwinni­ng supervised-release program’’ that “has produced consistent­ly high rates of return to court, which we expect will continue after the state law goes into effect.”

A spokespers­on for Cuomo said: “Fearmonger­ing aside, we understand there are concerns about implementi­ng these landmark reforms and we believe it must be done appropriat­ely and effectivel­y.”

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 ??  ?? EARLY RELEASE ‘CLAUS’: Mayor de Blasio plans to offer released defendants movie passes, Mets tickets and gift cards to encourage them to make their court dates, while Gov. Cuomo has proposed springing jailed defendants in advance of a bail-reform law slated to take effect on Jan. 1.
EARLY RELEASE ‘CLAUS’: Mayor de Blasio plans to offer released defendants movie passes, Mets tickets and gift cards to encourage them to make their court dates, while Gov. Cuomo has proposed springing jailed defendants in advance of a bail-reform law slated to take effect on Jan. 1.
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