Members and supporters of The New York State Association of Chiefs of Police gathered Thursday outside the State Capitol in Albany to announce proposed legislation to amend state laws regarding bail reform, discovery reform, and raise the age.
Bail reform went into effect in the first half of 2020. Those who defend existing law insist there is no link between it and an increasing crime rate. New York State Association of Chiefs of Police Executive Director Patrick Phelan believes all cash bail should be eliminated, and judges be allowed more discretion when deciding if a suspect should be incarcerated before trial.
“We're asking that the judges that are elected by the people of New York, be allowed to consider the defendants danger to the community, as they're allowed to do in 49 other states," Phalen said. "It's a reasonable request, we think that it's fair. And that's what we're asking for here today. With regard to discovery, we understand the need for change. Under the previous system, large amounts of discovery could be dropped on the defense at the last minute, we understand that that's not fair. Well, the new system is also not fair. The discovery demands are not reasonable. And they're not even attainable. It's not possible. And cases are being lost all over the state because of unreasonable discovery demands. We're also exposing the identities of witnesses and victims to the defendants early on in the process, what we're going to ask for is a tiered system of discovery.”
Albany County District Attorney David Soares says although changes needed to happen, the changes that did were go into effect were not for the better.
“The changes that did happen, have not benefited the community at large, it has benefited some," said Soares. "But it has not benefited the very community that the advocates and those who wanted this change claimed ‘we're going to change.’ As a matter of fact, what we see now are the membership of mothers and families who continue to lose loved ones grow. And we, those of us, who are supposed to be protecting, consoling, and removing the violence from our communities, are left with our hands in our pockets. Feeling helpless, that we can't do the job that we were put on this earth to do. And that‘s to bring justice to families. “
The Democrat calls the amendments and modifications that the Chiefs of Police and bail reform supporters are seeking “reasonable.”
“What we're asking, as a group of people that are huddled in the cold today, what we're asking is for a judge to be permitted to consider dangerousness. Imagine that," Soares said. What we're asking is for a court to reconsider and allow for us to provide documents to upload to opposing counsel in a staggered fashion, so that we're not having to expose witnesses to the most violent crime 30 days after there's an arraignment of a defendant, someone who stands accused, that's what we're asking.”
Asked about bail reform at an unrelated press event Thursday, Democratic Governor Kathy Hochul expressed her commitment to public safety.
“Public safety is a huge priority of mine. Everyone knows that, and I'm looking forward to working with [New York City mayor-elect] Eric Adams and our members of the legislature to come up with the right solutions to protect public safety," Hochul said. "So we are looking at everything. And that's where I'll leave it right now. Everyone knows I don't make policies standing from the lectern, and that is something that we've been keeping a close eye on and making sure that people feel safe and secure in the state of New York.”
The Democratic-controlled state Legislature begins a new session next month.
