End bail for nonviolent cases: Andy

ALBANY — With the brother of suicide victim Kalief Browder looking on, Gov. Cuomo said Wednesday he wants to eliminate monetary bail for people accused of nonviolent crimes.

Cuomo recalled how Browder killed himself after spending three years at Rikers Island, where he was awaiting trial on charges that he stole a backpack when he was 16.

In announcing a package of criminal justice reforms during his annual State of the State speech, Cuomo addressed Akeem Browder, who received a standing ovation.

“Your brother did not die in vain,” Cuomo said of Kalief, 22, who lived in torment and killed himself in 2015, two years after getting out of Rikers. “Sometimes the Lord works in strange ways, but he opened our eyes to the urgent need for real reform.”

Under the governor’s proposal, monetary and nonmonetary bail would still be permitted for those charged with violent felonies, but a judge would first be required to review defendants’ personal and financial circumstances.

Cuomo would also require prosecutors and defense attorneys to disclose information about evidence, exhibits and the criminal history of potential witnesses in a more timely manner.

In an attempt to reduce delays and adjournments, those held in custody, not just their lawyers, would need to consent to waiving their right to a speedy trial.

And in a nod toward a possible quicker closure of Rikers Island than the de Blasio administration’s 10-year plan, Cuomo said he is directing the state Correction Commission to develop required corrective action plans or closure orders for jails that have records of violations that continue for years.

The bail proposal likely faces a significant hurdle in the Republican-controlled state Senate. Senate Majority Leader John Flanagan (R-Suffolk County) said he wants more details.

“I don’t think anyone should spend unnecessary time in a correctional facility, but I find it hard to believe that everyone is unjustifiably incarcerated,” he said.

Prison reform and inmate advocates hailed the proposals.

“Reforming these core issues is required to end mass incarceration, avoid wrongful convictions and, for New York City, expedite the closing of Rikers Island,” said Tina Luongo of the Legal Aid Society.