While Gov. Kathy Hochul seems reluctant at this point to restore judicial discretion to jail defendants, some local leaders who work in the criminal justice field disagree with her.

Jason Schmidt, Chautauqua County’s district attorney, said his office sees a lot of problems with the new bail reform laws. “I would invite Governor Hochul to come speak with the victims and witnesses to crimes who, after summoning the courage to call the police and put themselves on the line, then get to see the person who harmed them or their property immediately released back into the community within about an hour, or not arrested at all and instead given an appearance ticket for a court date a month or two or even three out, many times without orders of protection yet in place to protect them,” he said.

Schmidt, a Republican, said he believes police have a lot to offer on the topic as well. “I would also suggest she speak to the police who, instead of going home to their families after risking their lives out on the street, had to work late to prepare the paperwork necessary for charging crimes, only to discover that same person committing more crimes and further harming the community because he or she was released without bail,” he said.

He added that judges and court personnel now have to repeatedly reschedule criminal cases because individuals who were released without bail “don’t even bother to show up” on their scheduled appearance dates. “I’m pretty sure actually speaking with the people directly affected by bail reform would provide the Governor with a clearer picture of what these laws have achieved than the statistics on which she is waiting,” he said.

Sheriff Jim Quattrone, also a Republican, agrees. “As we see crime rates increase along with a continued increase in drug related incidents and deaths New York States needs to be smarter on crime. We need to allow for our local magistrates to make an assessment of dangerousness and the defendants’ threat to public safety when determining whether to incarcerate pre-trial,” he said.

Hochul, a Democrat running to keep her job this year, said she is trying to get new data that could explain the forces fueling the rise in violent crime.

“I’m looking for the data that shows me that bail reform is the reason that somehow crime is going up,” Hochul said. She added that her administration is pursuing initiatives aimed at stemming the influx of illegal guns onto the streets of New York. “I’m focused on what I have control over right now.”

On Friday, a number of Republican politicians and other law enforcement members from across Western New York are going to be gathering in Mayville, speaking out against the bail reform. State Sen. George Borrello has announced that at 1 p.m. there will be a “Repeal Bail Reform and Restore Judicial Discretion” press conference.

Along with Borrello, others expected to be in attendance include Assemblyman Andrew Goodell, Quattrone, Schmidt, Allegany County First Assistant DA Ian Jones, Allegany County Sheriff Rick Whitney, Cattaraugus County DA Lori Rieman, Dunkirk Police Chief David Ortolano, Westfield Police Chief Robert Genthner, and Cuba Police Chief Dustin Burch.

Borrello said those in attendance will call for a repeal of the “disastrous 2019 bail and criminal justice reforms that eliminated cash bail for most misdemeanor offenses and took discretion away from judges to set bail for individuals who pose a risk to public safety,” saying that the changes triggered a spike in crime across New York, making our streets less safe for law-abiding citizens.

BAIL REFORM SUPPORT

Not everyone believes the 2019 bail reform should be done away. Ned Barone, Chautauqua County’s public defender, said he supports the changes in bail reform.

In a phone interview Wednesday, Barone said he agrees with Hochul’s decision to seek more information before making any changes to bail reform. “It’s difficult to really point a finger at one or two particular specific things that may create an increase of crime,” he said.

Barone, who is a registered Republican, doesn’t like the political nature of the bail reform debate. “I really try to remain non-political. I don’t care what I am registered-wise. I don’t have to be political. Some of these other people who are making these outrageous comments or these knee jerk reactions, quite frankly, I believe are politically based,” he said.

Barone, who was not invited to Friday’s press conference, said he isn’t opposed to seeing the 2019 bail reform modified to make it better. “I think that there’s room to tweak that bail reform, but overall I agree with the premise behind bail reform,” he said.

It’s important to remember, he said, that everyone has equal access to the criminal justice system. “The problem was individuals were being accused of nonviolent crime … were given high bails and were unable, without any financial means, would have to remain in jail for sometimes as long as a year, waiting for a trial to defend themselves,” he said.

Barone said too many times innocent people have been accused of a crime they didn’t commit. “Unless you’re on that end of the stick, you’re not going to appreciate what we’re trying to say,” he said.

He views bail reform as a constitutional issue. “I understand that people are concerned about the community and safety and that’s absolutely true. People should be. But again, it’s a balance when you’re trying to protect people’s constitutional rights as well,” he said.