NY judges will get more power in setting bail, governor says

Apr 27, 2023, 6:59 PM

FILE - New York Gov. Kathy Hochul speaks to reporters about legislation passed during a special leg...

FILE - New York Gov. Kathy Hochul speaks to reporters about legislation passed during a special legislative session in the Red Room at the state Capitol on July 1, 2022, in Albany, N.Y. Judges in New York will have more discretion to set bail, Gov. Hochul announced Thursday, April 27, 2023, a policy change fiercely resisted by some of her fellow Democrats. (AP Photo/Hans Pennink, File)
Credit: ASSOCIATED PRESS

(AP Photo/Hans Pennink, File)

ALBANY, N.Y. (AP) — Judges in New York will have more discretion to jail people awaiting trial for alleged crimes, Gov. Kathy Hochul announced Thursday night, a policy change fiercely resisted by some of her fellow Democrats.

The governor held a state Capitol news conference to announce that a “conceptual agreement” had been reached on a $229 billion budget with the state Legislature, a deal that still needs to be approved by lawmakers. The budget includes policy proposals ranging from a minimum wage hike to allowing more charter schools in New York City.

But negotiations between the governor and legislative leaders ran well past an April 1 deadline, in large part because Hochul insisted on changes to the state’s bail laws.

The issue has been a flashpoint between liberal Democrats, who say requiring people to pay cash to get out of jail rigs the system against poor people, and elected officials who cast it as a public safety issue.

New York approved sweeping changes in 2019 aimed at keeping defendants who can’t afford bail from being disproportionately jailed. But those changes have been tweaked twice before amid criticism that judges were being deprived of a tool they could use to hold people likely to commit new crimes.

The new agreement would remove a requirement that judges choose the “least restrictive” means to ensure defendants return to court. Judges have complained the standard “tied their hands,” Hochul said.

“It gives judges discretion they need to hold violent criminals accountable, while still upholding our commitment to a justice system that is fair and accessible to all and also ensuring that poverty is never treated as a crime,” she said.

State Assembly Speaker Carl Heastie confirmed the conceptual agreement in a statement, saying it addresses many priorities advocated by Democrats. He added that some issues were still under discussion.

Hochul’s latest push for bail changes came after her closer-than-expected election victory last November in the Democrat-dominated state. Republicans attacked their opponents as soft on crime, making particularly strong gains in New York City suburbs.

Some lawmakers said Hochul’s proposed changes would undercut bail reforms approved in 2019 and result in more New Yorkers in pretrial detention — especially people with low incomes and people of color.

Assembly member Latrice Walker, a Brooklyn Democrat, accused Hochul of the “wholesale dismantling of bail reform.”

Bail has become a point of contention between GOP and Democratic lawmakers in other states as well. Republican lawmakers in at least 14 states, including Georgia and Wisconsin, have pushed bills that would in part make it harder for defendants to get out of jail before trial.

Hochul announced the agreement after lawmakers went back to their districts for the rest of the week but said she and legislative leaders are on a path to conclude the budget process.

“A few hours ago we agreed that we’re at a point where the major decisions have been made,” she said.

United States News

Crew members assemble the main stage ahead of the 2023 Scripps Nations Spelling Bee on Sunday, May ...

Associated Press

Exclusive secrets of the National Spelling Bee: Picking the words to identify a champion

OXON HILL, Md. (AP) — As the final pre-competition meeting of the Scripps National Spelling Bee’s word selection panel stretches into its seventh hour, the pronouncers no longer seem to care. Before panelists can debate the words picked for the bee, they need to hear each word and its language of origin, part of speech, […]

9 hours ago

Eugene and Linda Lamie, of Homerville, Ga., sit by the grave of their son U.S. Army Sgt. Gene Lamie...

Associated Press

Biden marks Memorial Day nearly 2 years after ending America’s longest war, lauds troops’ sacrifice

WASHINGTON (AP) — President Joe Biden lauded the sacrifice of generations of U.S. troops who died fighting for their country as he marked Memorial Day with the traditional wreath-laying ceremony at Arlington National Cemetery. Biden was joined by first lady Jill Biden, Vice President Kamala Harris and Harris’ husband, Douglas Emhoff, for the 155th National […]

9 hours ago

FILE - Attorneys and criminal justice advocates stand outside Louisiana's Supreme Court on May 10, ...

Associated Press

Historic acquittal in Louisiana fuels fight to review ‘Jim Crow’ verdicts

NEW ORLEANS (AP) — Evangelisto Ramos walked out of a New Orleans courthouse and away from a life sentence accompanying a 10-2 jury conviction, thanks in large part to the landmark U.S. Supreme Court decision bearing his name. Ramos v. Louisiana outlawed nonunanimous jury convictions as unconstitutional, with justices on the 6-3 majority acknowledging the […]

1 day ago

Associated Press

Pay per wave: Native Hawaiians divided over artificial surf lagoon in the birthplace of surfing

EWA BEACH, Hawaii (AP) — Brian Keaulana is the quintessential Native Hawaiian waterman, well-known in Hawaii and beyond for his deep understanding of the ocean, gifted with surfing and lifeguarding skills passed down from his big-wave rider father. Now, as one of the islands’ standard-bearers of surfing, Keaulana wants to further boost the sport in […]

1 day ago

FILE — A man checks his footing as he wades through the Morris Canal Outlet in Jersey City, N.J.,...

Associated Press

As rising oceans threaten NYC, study documents another risk: The city is sinking

NEW YORK (AP) — If rising oceans aren’t worry enough, add this to the risks New York City faces: The metropolis is slowly sinking under the weight of its skyscrapers, homes, asphalt and humanity itself. New research estimates the city’s landmass is sinking at an average rate of 1 to 2 millimeters per year, something […]

1 day ago

This undated photo shows the late Army Cpl. Luther H. Story. The Army said Friday, May 19, 2023, th...

Associated Press

‘He’s home’: Missing 73 years, Medal of Honor recipient’s remains return to Georgia

SAVANNAH, Ga. (AP) — Soldiers of the 9th Infantry Regiment made a desperate retreat as North Korean troops closed in around them. A wounded, 18-year-old Army Pfc. Luther Herschel Story feared his injuries would slow down his company, so he stayed behind to cover their withdrawal. Story’s actions in the Korean War on Sept. 1, […]

1 day ago

Sponsored Articles

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Here are the biggest tips to keep your AC bill low this summer

PHOENIX — In Arizona during the summer, having a working air conditioning unit is not just a pleasure, but a necessity. No one wants to walk from their sweltering car just to continue to be hot in their home. As the triple digits hit around the Valley and are here to stay, your AC bill […]

...

Desert Institute for Spine Care

Spinal fusion surgery has come a long way, despite misconceptions

As Dr. Justin Field of the Desert Institute for Spine Care explained, “we've come a long way over the last couple of decades.”

...

OCD & Anxiety Treatment Center

How to identify the symptoms of 3 common anxiety disorders

Living with an anxiety disorder can be debilitating and cause significant stress for those who suffer from the condition.

NY judges will get more power in setting bail, governor says