BAIL REFORM DEBATE
New criminal justice reforms stirs conversation among local officials
TROY, N.Y. » In April, New York passed a series of criminal justice reforms aimed at curtailing the use of cash bail, pretrial detention, overhauling rules surrounding the sharing of evidence and strengthening a defendant’s right to a speedy trial.
Advocates argue the law which goes into effect on Jan. 1, 2020, will create a fairer criminal justice system for those living in poverty who are accused of most misdemeanor and non-violent felony offenses.
“This is a very complicated issue. It’s an issue where overall criminal justice has been very unfair, particularly to minority communities and those who live in poverty,” said Assemblyman John McDonald III, D- Cohoes.
Yet, some of the crimes listed and costs are creating consternation among some district attorney’s offices, courts, police, and leaders of local municipalities.
“Every prosecutor knows the challenge involved in witness cooperation – they are scared and they look to law enforcement for protection. These laws prevent us from doing that,” Rensselaer County District Attorney Mary Pat Donnelly said of prosecutors potentially being unable to assure protection for the identity of
"This is a very complicated issue." — Assemblyman John McDonald III, D- Cohoes
witnesses.
Donnelly also noted how grand jury proceedings will no longer be secret and the district attorney will also be required to hand over police reports and grand jury testimony within 15 days of an indictment.
“These reforms will not promote justice in Rensselaer County,” Donnelly remarked.
“On the contrary, these laws put public safety at risk. I urge residents to reach out to your New York State legislators and let them know that you are concerned. Lawmakers need to take a second look to consider the real-life implications of this legislation,” Donnelly added.
A non- exhaustive list of charges for which a defendant must be released from custody, without bail, after Jan. 1, 2020, includes:
• Second-degree burglary (residential burglary)
• Third- degree burglary
• Second-degree robbery (aided by another person)
• Third- degree robbery
• Second- degree manslaughter
• Criminally negligent homicide
• Aggravated vehicular homicide
• First and second-degree vehicular manslaughter
• Third- degree assault
• Aggravated vehicular assault
• Aggravated assault upon a person less than 11-years- old
• First and second-degree vehicular assault
• Criminal possession of a weapon on school grounds
• Criminal possession of a firearm
• Fourth-degree criminal possession of a weapon
• Criminal sale of a firearm to a minor
• First and second- degree criminal possession of a controlled substance
• First and second-degree criminal sale of a controlled substance
• Criminal sale of a controlled substance in or near school grounds
• Use of a child to commit a controlled substance offense
• Criminal sale of a controlled substance to a child
• Patronizing a person for prostitution in a school zone
• Promoting an obscene sexual performance by a child
• Possessing an obscene sexual performance by a child
• Promoting a sexual performance by a child
• Failure to register as a sex offender
• First- degree bribery
• Bribe giving for public office
• First- degree bribe receiving
• First- degree unlawful imprisonment • First- degree coercion
• Third and fourth- degree arson
• First, second, third and fourth- degree grand larceny
• Aggravated cruelty to animals, over- driving, torturing and injuring animals
• Failure to provide proper sustenance to animals
• Animal fighting
• First- degree criminal solicitation
• First- degree criminal facilitation
• Third and fourth- degree money laundering in support of terrorism
• Making a terroristic threat
• First and second-degree obstructing governmental administration
• Obstructing governmental administration by means of a self- defense spray device
• First and second- degree promoting prison contraband
• Resisting arrest
• Hindering prosecution
• Tampering with a juror
• Tampering with physical evidence
• First-degree aggravated harassment
• First-degree directing a laser at an aircraft
• Enterprise corruption
• First- degree money laundering
“I don’t disagree with her concerns,” said McDonald. “I think things have to be looked at in proper context. I think we can all agree that one of the intentions behind criminal justice reform was the fact that it’s unfair for an individual who is charged with a crime, who’s still innocent until proven guilty, should be incarcerated or have bail placed on them and then incarcerated to jail for an undetermined length of time because they’re poor.
“Poverty should not be the reason why people should be in jail while waiting to have their case taken to court. Unfortunately for many individuals, yes, even some here in the Capital Region, that was the case.”
“That being said, where I agree with Mary Pat is that and this is a struggle that we had in our own discussions amongst the legislative body is at what level do you draw that line? There are listed some crimes that I was not happy about being included as eligible for bail, particularly looking at burglary or robbery, when you’re looking at negligent homicide, that’s problematic,” McDonald added on some of the bail eligible crimes.
McDonald also mentioned the legislature will likely take another look at some of the crimes listed as eligible for bail.
Green Island Mayor Ellen McNulty- Ryan and Troy Mayor Patrick Madden also voiced their concerns on the effects of the legislation on their respective communities during a recent panel dicussion event in Troy.
“This is going to be a total cluster. It’s going to be crazy, you can’t put bail on anybody and if they don’t show up for their court date, you put a warrant out an pick them up and bring them in, it’s just going to be a total cluster. They’ve got a lot of cleaning to do because they’re undermining the police departments, they’re undermining a court system. That is going to be a real challenge,” McNulty-Ryan said on the new challenge created.
“I agree with that and last year’s raise the age. These are, and I’m going to sound like my sister [former Rensselaer County Executive Kathy Jimino], unfunded mandates from the state. They do impact local taxpayers. Whether they’re smart or not smart or whether they’re well-intentioned or politically motivated it still has an economic cost to the local taxpayer and I’ve got to find a way to shoehorn it into the budget,” Madden added of the additional state mandate.
Conversely, McDonald commented on how counties will need to be prudent in how they allocate potential cost savings stemming from the legislation.
“Now that these [reforms] are in play the district attorneys have to do their job. I understand that a lot of the burden of these criminal justice reforms is falling on their laps, he said. “This is where county governments have to be thoughtful in regards to their budget preparations.
“What counties are not going to tell you is that their jail populations are going to drop dramatically and their jail costs are going to drop dramatically and they’re going to really have to give some thoughtful consideration of what those savings will be and how they reallocate those to the district attorney’s office to actually implement and allow them to meet the discovery demands.”
“Discovery demands is putting a very big pressure on the district attorneys, but in the same token, like anything else, if I’m being accused of a crime I’d like to know everything that you have in your possession that you’re going to use so that I can prepare an ample defense,” McDonald continued.
“This is a very complicated issue. It’s an issue where overall criminal justice has been very unfair, particularly to minority communities and those who live in poverty. And society in the past has not really tried to embrace this. I think this is where the average reader is going to have challenges when they try to absorb the shock value of what district attorneys have said,” McDonald added.