Hochul Dodges on Bail Reform, Refuses to Back Stronger Public Safety Measures

Governor Kathy Hochul visited Western New York on Monday where she discussed crime reduction efforts and addressed ongoing debates about bail reform.

Speaking at the Town of Tonawanda police headquarters, Hochul reiterated her support for modifying some aspects of the reforms passed under former Governor Andrew Cuomo but stopped short of backing new changes.

“Let’s see how the current changes play out,” she told reporters.

Hochul emphasized that she had already taken steps to revise the laws including fixes to discovery rules that were causing cases to be dismissed and adjustments that expanded judicial discretion when setting bail.

“I’m always willing to look at laws,” Hochul said. “I’m the governor who had to go in and undo measures which were well intended measures but which did not foresee down the road the implications and the collateral damage to the communities.”

She added, “I expanded an enormous amount of political capital in my first few years as Governor to get things right.”

Republican lawmakers, law enforcement officials, and victims’ advocates have been calling for deeper rollbacks, pressing Hochul to support new measures in next year’s budget. Among them is State Senator George Borrello, who argued, “There is no judge’s discretion. This is just another smoke and mirrors effort by democrats to pretend they’ve done something to change this horrible and damaging law.”

Law enforcement leaders have also voiced frustration. Niagara County Sheriff Michael Filicetti claimed that bail reform has enabled repeat offenders to return to the streets quickly, saying, “They’re out victimizing the public over and over again and we’re seeing dangerous criminals out to again victimize.”

Filicetti and other sheriffs are pushing for the PROTECT Act, introduced by Senator Pam Helming, which would allow courts to consider public safety risk when setting bail and require use of a standardized risk assessment tool.

The proposed legislation would also let courts direct defendants into treatment if signs of a mental health crisis are present. Helming has acknowledged, however, that the bill is unlikely to move forward without the Governor’s endorsement.

Asked directly about the PROTECT Act, Hochul said she had not yet reviewed the bill but reiterated her preference to allow the most recent reforms time to take effect.

“I think for the near future we are going to let some of these (existing) laws play out,” she said.

Hochul Dodges on Bail Reform, Refuses to Back Stronger Public Safety Measures