NY Criminal Justice Reform Must Be Improved, Cuomo Says

ALBANY, NY — New York's new, controversial criminal justice reform laws must be improved, Gov. Andrew Cuomo said Wednesday. Cuomo, a Democrat, talked about the new bail restrictions during a news conference primarily devoted to the new coronavirus.

The reforms, which went into effect Jan. 1, end cash bail for most misdemeanor and nonviolent crimes. Opponents say it allows people who've been arrested to go out and commit more crimes, while supporters, among them the governor, say the old system unjustly favored the wealthy and targeted the poor.

"Everybody talks about money in politics, money in politics. How about money in the criminal justice system? It is determinative," he said. "You can pay bail, you get out. You can't pay bail, you don't get out."

But he believes it's essential to strengthen the new system, preferably in this year's budget, he said. "By definition you need judicial discretion."

Since the beginning of 2020, many in law enforcement have been vociferously demanding the reforms be rolled back. Local officials have added "under bail reform" to announcements about arrests.

In January, Suffolk County Sheriff Errol Toulon called for repealing the new bail reform legislation, which he said directly affects the residents of his county and the state as a whole. In Suffolk, about 300 inmates were released by the courts under the new law in the month leading up to its enactment.

Police in Peekskill connected bail reform to a case that became a cause célèbre among opponents.

Earlier in February, Nassau County law enforcement and officials were quick to point to changes to the so-called discovery process for leading to the killing of a witness in a case that authorities said involved members of the violent MS-13 street gang. The county's top police official later walked back that claim, saying there was no link between the legislation and the brutal killing.

The Putnam County sheriff cited bail reform when announcing new charges against a man accused of stalking who is alleged to have called his victim on the day of his court appearance.

Cuomo said he wasn't surprised by the backlash. "It's already hard to get people to make changes in a complex system."

Instead, Cuomo said he wants a discussion about improvements based on facts. Citing a proposal from some state senators, including Long Island Democrat James Gaughran and Hudson Valley Democrat Jen Metzger, he said he expects to be negotiating this spring with lawmakers.

"Separate the disruption, the anger of people who have less power, from the facts: use data," he said. He pointed out the state has a whole network of criminal justice agencies that collect data routinely, such as number of arrests, number of convictions and repeat offenders. "All that data will go to inform a discussion," he said.

SEE ALSO:

• Sheriff Puts Faces To New Bail Reform Law
• 5 Rockland Legislators Beg State To Amend Bail Reform Law
• Accused Stalker Called Victim On Court Day: Sheriff