Gov. Hochul, NY lawmakers agree on temporary budget extender as bail talks stall

ALBANY — After blowing past the state’s fiscal deadline over the weekend, Gov. Hochul and legislative leaders agreed to pass a temporary budget extender on Monday to give themselves more time to talk about bail.

The stopgap measure, which covers government operations through April 10, ensures that more than 57,000 state employees will get paid this week while Hochul and her fellow Democrats seek common ground on her proposed bail reform rollbacks.

Assembly Speaker Carl Heastie (D-Bronx) admitted that differences over the governor’s plan to remove the “least restrictive” standard judges are meant to follow when setting bail for serious crimes have held up budget talks.

“I would say bail is now taking up all of the oxygen in the room,” Heastie said, noting that reluctance among Dem lawmakers to once again revisit the issue is based on data showing little correlation between bail reform and rising crime.

“I’d say that’s where things are: data versus perception,” he said. “New York remains one of the safest states, New York City remains one of the safest [cities] but I don’t know if people feel that way.”

The governor claims the “least restrictive” clause, which predates 2019 reforms limiting pretrial detention for most nonviolent crimes, has led to confusion among judges after changes included in last year’s budget directed jurists to weigh a host of other factors when considering bail for serious crimes.

Pretrial detention has been a lightning rod of political controversy since the reforms went into effect three years ago, and bail has becoming the rallying cry of Republicans painting Democrats as soft on crime.

Polling has shown that crime remains a major concern for most New Yorkers and a majority believe granting judges greater discretion would be a step in the right direction.

Criminal justice advocates, defense attorneys and others familiar with the issue argue, however, that Hochul’s latest change would gut the 2019 reforms meant to ensure defendants awaiting trial are not jailed simply because they’re poor.

In a statement on Monday, Hochul said there’s “more work to be done.”

“New Yorkers are concerned about public safety, the rising cost of housing, and ensuring high-quality schools for all our kids, and any budget deal must make progress on these core issues,” the governor said. “I have been negotiating in good faith with the Legislature, but it is clear there is more work to be done before we reach an agreement.”

The extender comes as the governor and the Dem-led Legislature remain at loggerheads over not just bail, but also her ambitious mandate-based housing plan and a measure included in her $227 billion executive budget proposal that would allow more charter schools to open up in the five boroughs, something progressive Dems have staunchly opposed.

Heastie said talks have been cordial, but added that there’s a lot of daylight between the governor’s proposals and what lawmakers are willing to accept in a final budget.

Advocates calling for tenant protections, raising taxes on the wealthy and stricter climate standards have flooded the Capitol in recent weeks, hoping to win over lawmakers and the governor.

Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) last week said she doesn’t expect a “very late” budget.

But with Passover beginning on Wednesday and Easter weekend approaching, it’s unclear how much time it will take for the three sides to reach a consensus. Rank and file lawmakers are not due back in the Capitol until Monday, April 10.

“We are disappointed that all parties couldn’t come together to pass a final budget in a timely manner,” Stewart-Cousins said on Monday, adding that the short-term extender will “ensure our public employees continue to be paid and state operations can carry on as usual” as negotiations proceed.

Last year’s budget was approved nine days after the April 1 deadline, in large part due to Hochul’s insistence that changes to the bail law be included in the policy-packed fiscal package.

The current delays have been met by consternation from both sides of the aisle.

“Just like last year, we find ourselves in a situation where the budget is being delayed because the Governor has prioritized her personal political agenda over the needs of working New Yorkers,” said Sochie Nnaemeka, director of the New York Working Families Party.

Assembly Minority Leader Will Barclay (R-Oswego) slammed Democrats for accepting an extender and failing to reach a budget agreement in a timely manner.

“Passing a budget extender signals to the rest of New York that One-Party Rule is not working,” Barclay said. “The inability to meet the April 1 deadline illustrates the Albany dysfunction that people have come to expect.

“The secretive budget process has produced another embarrassing result,” he added.