New York lawmakers discuss bail and judicial discretion at budget hearing as Hochul pushes changes

ALBANY — New York lawmakers discussed public safety Tuesday with court and state officials during a sweeping budget hearing held as Gov. Hochul pushes to once again overhaul the state’s bail system.

Democrats pressed administration officials and court higher-ups about the governor’s proposal to strip language from the state’s bail laws requiring judges to impose the “least restrictive” conditions to ensure a defendant returns to court.

Hochul claims the clause, which predates the 2019 reforms that limited 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.

Following a question from Sen. Liz Krueger (D-Manhattan) about the issue, acting Chief Administrative Judge Tamiko Amaker rejected the idea that the state’s jurists aren’t trained properly or are ignorant of the intent of the law.

“I don’t think most judges have an issue with understanding the law,” Amaker said. “I think that, just like any other area of criminal law, I think you’re going to have divergent opinions, but it doesn’t mean that judges don’t understand or haven’t been taught the law or don’t understand what their options are.”

Out of 1,300 judges presiding over criminal cases in New York City, roughly 1,000 participated in training on the bail laws, Amaker said.

Last year, Hochul successfully negotiated language into the state budget giving judges more discretion to set bail in cases involving repeat offenders, guns and defendants who are in violation of orders of protection.

Proponents of the cashless bail system argue that the governor’s current proposal to strip the least restrictive standard would sow chaos instead of clearing up confusion.

Katie Schaffer, the director of advocacy and organizing for the Center for Community Alternatives, said the change would be “legally unworkable.”

“It will lead to increases in incarceration and it will prompt judges to engage in the worst forms of bias,” Schaffer testified. “Having no standard at all will result in arbitrary decision-making and generate far greater confusion.”

Republicans and Mayor Adams, a Democrat, have repeatedly pushed for granting judges more discretion when it comes to setting bail and have blamed reforms for increases in crime.

During the hearing, Democrats pressed officials on the fact that there is a lack of data showing any correlation between cashless bail and upticks in crime.

“I’m just looking for the evidence… and it seems that the evidence, the empirical data, doesn’t necessarily match with the specific requested changes at present time,” Sen. Jamaal Bailey (D-Bronx) said.

Asked about the lack of data behind the governor’s proposed changes and Amaker’s testimony, Division of Criminal Justice Services Commissioner Rossana Rosado said “judges have inconsistently applied these reforms.”

“I don’t know if judges say one thing to the courts and another thing to the governor,” Rosado said. “I think she’s trying to respond to complaints that she’s hearing and she wants to have a conversation.”

Bail wasn’t the only issue discussed during the hours-long hearing.

Sen. Michael Gianaris (D-Queens) also grilled Amaker about reports that former chief judge Janet DiFiore and acting Chief Judge Anthony Cannataro underreported compensation to state tax officials by failing to declare any personal use of state-funded chauffeured cars in 2022.

Both DiFiore and Cannataro made use of court officer security details last year, but did not report any personal use on annual tax statements, Law360 reported.

Gianaris called it a “serious corruption problem.”

Amaker said she couldn’t divulge whether DiFiore, who stepped down last summer, is still under the watch of a taxpayer-funded security detail because it would “put the former chief judge in grave danger.”

DiFiore repeatedly received threatening messages and a stalker once followed her to a vacation home and confronted her in 2018, Amaker added.