Gov. Hochul: judges need better understanding of current N.Y. bail laws

ALBANY — Gov. Hochul pushed back on criticism of New York’s cashless bail system Wednesday, calling out judges and prosecutors for not following the law.

The governor was asked during an unrelated presser about Mayor Adams’ repeated calls to overhaul the state’s bail reforms and whether she is considering his call to allow judges to weigh “dangerousness” when deciding to detain someone pretrial.

“I am aware of the mayor’s press conference and I absolutely support his interest in getting the judges to follow the law,” Hochul told reporters at her Manhattan office.

The governor defended changes made as part of the state budget this year that expanded the list of bail eligible crimes and made it so judges have more authority to set bail when dealing with repeat offenders.

“I encourage everybody in the entire ecosystem related to public safety, starting with law enforcement and our district attorneys and our judges, to review the bail laws that were enacted in the budget,” she said. “Every one of those changes gives them the tools they need to work toward our common objective of increasing public safety.”

Hochul suggested “continuing education programs” or more briefings from the state to ensure judges understand the current law.

Adams was scheduled to host a press conference with NYPD officials focusing on repeat offenders and the state’s bail laws Wednesday afternoon.

New York’s cashless bail laws, enacted in 2019 and amended twice already, have consistently remained a flashpoint in Empire State politics with critics on both sides of the aisle linking the changes to upticks in crime.

Supporters argue that there is no connection and data collected by the state has been held up by both sides as exemplifying disparate ideas.

Hochul’s comments Wednesday echo those made by legislative leaders in the past with regards to the role judges play in interpreting the new laws. Assembly Speaker Carl Heastie (D-Bronx) has said repeatedly that judges are not setting bail in cases where they have the ability to do so.

Republicans, including gubernatorial candidate Rep. Lee Zeldin (R-N.Y.), have hammered Democrats over the reforms and made public safety the cornerstone of campaigns in recent years.

Adams, meanwhile, has joined the GOP in calling for a special legislative session to expand judicial authority by allowing judges to consider “dangerousness” when setting bail.

Heastie, Hochul and top Senate Dems have said there is no need to reconvene for a special session.

Hochul on Wednesday defended the system as is, adding that the amendments made in this year’s budget already granted judges more leeway.

“No longer do judges simply consider whether or not there’s a likelihood of the person returning for their court appearance,” she said. “What we gave judges was the ability to consider the severity of the offense, is this a repeat offense, is there a history involved here.

“So, we now have spelled out for judges factors to consider in weighing whether or not this person should be out on the street or not,” she added.