We are happy to note here that Governor Kathy Hochul has released a ten-point anti-crime package designed to modify the much criticized bail reform and other “progressive” measures – signed into law by then-Governor Andrew Cuomo in 2019 – that many believe have contributed to the 48% increase in crime in New York in recent months. The Governor has said she wants her plan enacted along with the budget on April 1. Though this doesn’t provide much time for public vetting and comment, still, on the face of it, the changes certainly seem aimed in the right direction.
Under the plan, judges would once again have the discretion to set bail and detain criminal defendants in certain circumstances based on the crime alleged, whether a gun was used, or on past criminal history. The automatic release of some chronic offenders who would otherwise not draw bail would end. The dangerously mentally ill would be more easily subjected to involuntary commitment and mandatory treatment than before. Subway crime would be given enhanced attention and the recently adopted rules imposing near impossible deadlines for prosecutors to make discovery requests in preparation for criminal prosecutions would be eased. And importantly, more accused teens would be subject to prosecution in the criminal rather than the family courts where mere slaps on the wrist are all too common.
It will be recalled, however, that when, several months ago, Mayor Eric Adams suggested very similar changes to Democratic Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins – who would have to pass them in the legislature – they unceremoniously turned him down, citing all sorts of reasons, primarily that the old rules had not been fairly enforced when the accused were people of color. And, in any event, they said, the data shows that the spike in crime is not related to the 2019 reforms. Even Hochul gave the mayor the cold shoulder at the time.
But things have changed in the face of the public outcry over the eruption of violence in our streets and polls showing the people are fed up with the “woke” assault on law enforcement. There have been too many little kids being shot by random gunfire. Significantly, Republican legislative leaders said they were ready to back the Hochul proposals and called on Heastie and Stewart-Cousins to do the same.
And in case it has escaped the notice of some, there is an election coming up in November.
