A Public-Safety No-Brainer
It’s a start: A pair of upstate lawmakers have authored a bipartisan bill to repair one of the most egregious flaws in the criminal-justice “reforms” rushed through the Legislature this year.
The measure from state Sen. James Tedisco (R-Glenville) and Assemblyman Angelo Santabarbara (D-Rotterdam) does one simple thing: Give judges the discretion to
not simply spring accused criminals who pose a clear public-safety threat, based on the suspect’s record and/or behavior.
Starting Jan. 1, judges can’t require bail unless the charges involve a handful of violent crimes. So even a perp with a violent record can’t be jailed pending trial for charges such as first-degree stalking.
Other offenses that will only mean a desk-appearance ticket for the accused include second-degree manslaughter, second-degree robbery, second-degree (residential) burglary, selling a gun to a minor, jury tampering and making a terroristic threat.
New York’s law-enforcement communities are universally horrified by the reform package, which the Legislature put together without even consulting with district attorneys or other justice-system professionals.
The no-bail rules are only part of the problem, but an obvious one. New Jersey, months into a similar no-bail regime, adopted a “public-safety exception” much like what Tedisco and Santabarbara now propose.
If New York lawmakers have any sense, they’ll rush this correction through the next time the Legislature meets.