Gov. Kathy Hochul to Propose Changes to Bail Reform; “All Second Offenses Within a Certain Period of Time Will be Bail-Eligible”

photo by Darren McGee- Office of Governor Kathy Hochul

By Dan Murphy

Governor Kathy Hochul will unveil a criminal justice reform package that includes reversing some of the changes enacted two years ago, including the elimination of bail reform for many crimes. A memo leaked to the NY Post, (or was it given to them on purpose?) shows a 10-point plan that includes giving judges more discretion to hold defendants on bail for additional types of crimes and based on their history of repeat offenses.

“All second offenses within a certain period of time will be bail-eligible,” reads the memo. Criminal gun offenses, and modifications to “Raise the Age,” legislation are also part of Hochul’s 10 point plan.

The plan to get approval of at least some of Hochul’s 10 point plan will be to include it in the State budget, which is scheduled to be passed by April 1. NYC Mayor Eric Adams agreed with Hochul and applauded her proposals.

Published reports say thatSenate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie are opposed to any changes to the “Raise the Age” piece of criminal justice reform. Many believe that Gov. Hochul will propose the changes because of her dropping poll numbers and the rash of criminal cases, primarily in NYC, that have highlighted repeat offenders going back on the streets and committing the same crime, or worse.

If Hochul were to get her reforms to criminal justice reforms passed, it might stop the momentum coming from a rumored political comeback from former Gov. Andrew Cuomo. Congressman Tom Suozzi, who is challenging Hochul in a democratic primary, also supports changes to criminal justice and bail reform.

Majority Leader Stewart-Cousins, from Yonkers, said before Hochul’s plan leaked, “We have come to a point now where whatever happens, (there are) people who want to exploit the fact that we do not want to incarcerate people because they are poor. Everything becomes a matter of quote-unquote bail reform. The kind of orchestrated message that somehow this was wrong is not true.”

Progressive democrats and organizations in NY have called on their leaders to stand opposed to Hochul’s proposals. “The Legislature must reject outright any bail rollback proposal, including a ‘dangerousness’ provision, from Governor Hochul that will only increase jail populations, disproportionately impacting Black and brown New Yorkers. Changes to the law that focus on the results of historically racist policing will undoubtedly produce racist outcomes,” said Marie Ndiaye, from The Legal Aid Society’s decarceration project.

On the other side of the argument for democrats is State Senator James Skoufis who said, “You can’t be shoplifting on Monday, get a ticket and shoplift at the same store on Tuesday.”