Good for Gov. Kathy Hochul for pushing at least one significant step toward fixing the state’s disastrous bail reforms — yet there’s a ton more to fix to roll back New York’s out-of-control crime.
In presenting her budget Wednesday, Hochul called to eliminate “confusion” by scrapping the requirement for judges to apply the “least restrictive” means to ensure a defendant returns to court. That, she correctly argues, conflicts with other language in the same law giving judges discretion to consider other factors, such as a defendant’s record, when determining bail.
Some judges do consider those factors, she notes, yet others feel bound by the “least restrictive” standard and quickly set defendants free without bail. “We have an inconsistency in the law.”
Hochul is absolutely right that courts should consider the accused’s record, as the law now allows, particularly if they represent a threat to public safety or show a clear risk of re-offending. And judges should know, for sure, that they have that discretion.
Alas, progressives balk at any change (unless it means fewer bad guys locked up). Hochul’s proposal “would soak the hands of politicians in blood,” howls NY Communities for Change’s Lucas Sánchez. “Judges don’t need more discretion, they need more accountability,” rails Envision Freedom Fund’s Zoë Adel.
So the governor will likely have to go to the mat to get this done.
Meanwhile, she’s pushing nothing to rein in crimes by under-18s, often against fellow teens. Such offenses quickly soared after the Raise the Age law (which keeps 16- and 17-year-olds from facing serious consequences) took full effect in 2019.
Indeed, since then, under-18 shooters more than doubled in the city, as did teens struck by gunfire. Yet Hochul didn’t say boo about that misguided law in Wednesday’s budget presentation.
And while she wants more funding to help prosecutors deal with the near-impossible rules for gathering and sharing evidence, she refuses to actually fix those rules, which have forced district attorneys to drop cases and led to record staff burnout.
Yes, softie judges and let-’em-loose DAs are part of the problem. Yet that’s all the more reason to get the laws right and refocus the justice system on public safety. The gov’s pushing in the right direction, but it seems New Yorkers will have needlessly high levels of crime for far too long before the Legislature agrees to fix all the defects.