ALBANY — State Senate Democrats have been meeting behind closed doors seeking to amend the state’s controversial new bail law, following intense backlash over the changes that went into effect on Jan. 1, it was revealed Wednesday.
A group of eight senators backed by Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) have come up with a plan to return judges’ leeway to hold suspects before trial, as first reported by Newsday.
The proposal would entirely eliminate cash bail and give judges the power to exercise discretion in serious cases such as domestic violence or hate crimes, as well as cases in which someone is killed.
Gov. Andrew Cuomo championed the idea, adding that the measure mirrors his 2019 state budget proposal.
“Let’s take money out of the cash bail system,” Cuomo said early Wednesday on Long Island News Radio.
“Just eliminate cash bail totally, but have a check in the system where the judge can use discretion where they make sure public safety … is protected.”
“That’s my original plan I put forth last year.”
“I’m saying the discretion should not be based on how much money [defendants] have in their pocket,” he added.
State Sen. Todd Kaminsky (D-Long Beach) told The Post on Wednesday he’s been part of these closed-door discussions along with Deputy Majority Leader Michael Gianaris (D-Queens) and Sens. Zellnor Myrie (D-Brooklyn), Luis Sepulveda (D-Bronx), Jamaal Bailey (D-Bronx), Brian Benjamin (D-Manhattan), Jim Gaughran (D-Suffolk) and Jen Metzger (D-Ulster).
“This system builds in more discretion for judges while making sure if they want to remand someone, that there will be a really compelling reason to do so,” he said in a phone interview.
“We have really been trying to listen to all sides. We’ve listened to the prosecutors and the officers on the front lines who have been telling us what they’ve been seeing.”
Lawmakers started feeling pressure from law enforcement and constituents following a series of high-profile cases in which judges could not set bail due to changes to the penal code made last session.
The criminal justice changes included eliminating cash bail for most misdemeanors and nonviolent felonies. The changes also reduced the timeline for prosecutors to produce and share pretrial “discovery” evidence with the defense. District attorneys and law enforcement officers have decried the changes, arguing there’s not enough time to comply and no additional funding for system upgrades or to hire additional personnel.
New York voters have also slammed the policy changes, with 49 percent calling the bail reform a bad idea compared to 37 percent in support, according to results from a Siena poll last month.
Meanwhile, a growing hurdle to adjusting the reforms has come from the state Assembly, with Speaker Carl Heastie (D-Bronx) saying he is not interested in making any changes to the new law.
“Right now, it seems when the sun doesn’t come up, everyone wants to blame the bail law,” Heastie said last week.
His top aides began holding “informational” briefings for Assembly Democrats seeking more clarity on the law, as well as those who have introduced their own legislation seeking tweaks.
Heastie’s office did not immediately respond to requests for comment.