Some Capital Region officials want more judicial discretion

MONTGOMERY, N.Y. (NEWS10) — Local officials and law enforcement agencies want to put an end the New York State's current bail reform and other criminal justice reforms. They say these reforms have caused a spike in crime.

On Wednesday, Sen. Jim Tedisco joined Montgomery County Executive Matt Ossenfort, Montgomery County Legislature Chairman Mike Pepe, Fulton County Sheriff Richard Giardino, Herkimer County Sheriff Scott Scherer, Montgomery County Sheriff Jeffery Smith, and Saratoga County Sheriff Michael Zurlo to address the uptick in crime and want to repeal the state's current bail reforms.

Currently, New York's criminal justice reforms focus on removing or limiting the use of cash bail for misdemeanors or nonviolent offenses. Advocates question the morality of incarcerating an individual who has not been found guilty, however, many law enforcement officials say these reforms have been doing more harm than good.

"It's almost like a catch and release now and they're right back out there and the judge will say well there's an order of protection but that's nothing to these people if they want to commit the crime again," said Saratoga County Sheriff Michael Zurlo. Montgomery County Sheriff Jeffrey Smith echoed the struggles, his office has seen an uptick in crime, specifically petit larceny cases.  "We'll give them a ticket and then the next day they will be back here doing another larceny. There's no accountability, no ability for them to even go to jail until their court proceeding is taken care of," said Sheriff Smith.

“The catch and release bail law championed by the Cuomo/Hochul Administration and the Legislative Majorities has been a big mistake that’s made New Yorkers less safe by removing discretion from judges to hold those they deem a danger to the public, creating a revolving door of danger and disaster. While alleged criminals are walking free back on the streets with appearance tickets, innocent, law-abiding citizens who live in our communities are being discriminated against by increased levels of the criminal element who are committing violent crimes,” Tedisco said.

Tedisco said it's a longshot to repeal these current reforms. He is sponsoring legislation for judicial discretion. This legislation will give judges and courts to make an appropriate risk assessment based on a defendant’s prior felony conviction(s), a failure to make a court appearance, or a subsequent arrest while awaiting a preliminary hearing or trial. Sen. Tedisco said the legislation has already gained bipartisan support.

“The bail law as written takes the handcuffs off the accused and places them on the police and prosecutors which has led to not only an increase in crimes being committed but more of our citizens being victimized. As a former judge, district attorney, and now county sheriff, I believe Senator Tedisco’s bill to restore judicial discretion makes imminent sense. I’m proud to support Senator Tedisco’s legislation and continue to endorse and support him as our Senator,” said Fulton County Sheriff Richard Giardino.

The legislation was only introduced, Sen. Tedisco said. New York can see a change to these reforms rather quickly, but he said it's up to the higher elected officials at this point.