Tags Posts tagged with "bail reform"

bail reform

Suffolk County Executive Ed Romaine speaks at a press conference to call on bail reform. Photo courtesy Ed Romaine flickr page

By Samantha Rutt

A chilling crime has shaken communities across Suffolk County as police discovered scattered human remains in Babylon and Bethpage, leaving residents horrified and demanding justice. 

The shock has escalated into outrage as local officials and law enforcement point fingers at Albany’s bail laws, which they claim have allowed suspects to walk free without posting bail.

County Executive Ed Romaine (R) minced no words in expressing his frustration, stating, “The failure of Albany’s bail laws has resulted in those charged with dismembering and placing body parts in our communities to walk free without posting any bail.” Romaine’s sentiments echoed the feelings of many Suffolk County residents who consider the current bail system is failing to protect the community.

In response to the recent crime, New York State Sen. Anthony Palumbo (R-New Suffolk) and Assemblyman Michael Durso (R-Massapequa Park) swiftly introduced new legislation (S.8751) to address the shortcomings of the bail system. The proposed bill aims to make body dismemberment and concealment of a human corpse a bail-eligible offense, highlighting the urgency of the situation.

Palumbo condemned the current bail laws, stating, “Nobody with an ounce of sensibility would say it’s a good idea to let someone charged with the sickening act of human dismemberment leave jail and roam the streets.” Durso agreed, vowing to fight for change to ensure the safety of Suffolk County residents.

Suffolk County District Attorney Raymond Tierney (R) also weighed in on the issue, responding to Gov. Kathy Hochul’s (D) statements on bail reform in relation to the recent tragic discoveries. Tierney accused the governor of being “completely clueless or deceitful” about the criminal justice system and defended the efforts of law enforcement in the face of what he called “a broken bail system.”

Assemblyman Ed Flood (R-Port Jefferson) added his voice to the chorus of criticism, expressing dismay over the release of suspects involved in the recent case where human remains were found. Flood denounced the lack of “humanity and morals” in the criminal justice system, attributing the problems to the flaws in bail reform laws.

The collective outcry from local officials emphasizes the need for action to address the failures of New York State’s bail laws. As communities continue to grapple with the consequences of these shortcomings, residents are looking to Albany for solutions that prioritize public safety and accountability in the criminal justice system.

Gov. Hochul responds

In a recent interview with PIX11, Hochul addressed concerns about bail reform, acknowledging the frustrations of law enforcement. She emphasized the importance of allowing judges to consider the whole body of evidence when making bail decisions and expressed her commitment to keeping people safe.

Hochul responded to additional comments made by Tierney, who suggested the need to reinstate the dangerousness clause and emphasized the law needs to be looked over. 

“The standard changed just a few months ago — less than a year ago — and instead of the standard of dangerousness, we ask the judges now to look at a whole body of evidence,” she stressed.

Meanwhile, the community remains on edge as law enforcement continues to investigate the disturbing crime that has left a deep impact on the residents of the respective areas. As the investigation unfolds, residents are hopeful that meaningful change will come.

“Now, this is a very unique circumstance in Suffolk County,” Hochul said. “I know the Suffolk County Police Department is working hard to get to the bottom of this as is the DA. … They’re doing their job and I respect that. But the bail laws I thought went too far in the wrong direction. I’m bringing them back, and we’re going to continue to make sure that we keep people safe.”

File photo by Raymond Janis

Support Healthy School Meals for All bill

Every child deserves to be fed, and in a nation as wealthy as ours, no child should go hungry. The April 20 editorial [“Food before football: Long Island’s uphill battle against childhood hunger”] correctly identifies the crisis of child hunger, and how our government is failing to adequately address the issue. There is a legislative answer to this crisis in New York, and it is the Healthy School Meals for All bill. Our state Legislature and Gov. Kathy Hochul [D] must pass it this year.

The bill ends the policy of means testing, and establishes permanent funding for every child to receive breakfast and lunch at school at no cost. This saves struggling families money on their grocery bills, and eliminates the stigma that may prevent children from utilizing the current program. The cost in New York would be less than 0.01% of the state budget, with $200 million of state dollars supplementing the federal assistance provided to New York. It is estimated that this will provide an additional 726,000 students in New York state access to two meals a day. Currently, one in seven of New York’s children are food insecure, and this disproportionately impacts students of color. 

Children are more than just a test score. If a child is hungry, it is difficult for them to learn, to play and to grow. The Healthy School Meals for All legislation addresses the needs of the whole child, and is economic justice for New York’s children and families. 

This bill is supported by many organizations across the state. Suffolk Progressives, the group I founded, is a proud supporter of the bill, and I encourage others to join the call to reduce child hunger by asking their lawmakers to sign on. I urge constituents to reach out to state Sens. Anthony Palumbo [R-New Suffolk], Dean Murray [R-East Patchogue] and Mario Mattera [R-St. James], and Assemblywoman Jodi Giglio [R-Riverhead], who are not currently listed as co-sponsors of the bill. 

Childhood hunger is not a partisan issue, and all of Long Island’s lawmakers should get behind this legislation. The Legislature must pass Healthy School Meals for All, and Hochul must sign it into law in the 2023 legislative session. New York’s children are depending on it.

Shoshana Hershkowitz

South Setauket

Let’s patronize our local restaurants

Why not patronize your neighborhood restaurants during Long Island Restaurant Week April 23-30 with a wide variety of both two-course lunch and three-course dinner specials all year long.

My wife and I don’t mind occasionally paying a little more to help our favorite restaurants survive. Don’t forget your cook and server. We try to tip 20 to 25 percent against the total bill including taxes. If it is an odd amount, we round up to the next dollar. If we can afford to eat out, we can afford an extra dollar tip. When ordering take out, we always leave a dollar or two for the waiter or cook. It is appreciated. 

The restaurant industry employees include hosts, bartenders, waiters, bus boys, cooks, cashiers, parking valets, wholesale food sellers, distributors and linen suppliers. There are also construction contractors who renovate or build new restaurants.

Our local entrepreneurs work long hours, pay taxes and provide local employment especially to students during the summer. If we don’t patronize our local restaurants, they don’t eat either. Why travel into Manhattan when there are so many great neighborhood restaurants in Centereach, Cold Spring Harbor, Commack, Huntington, Mount Sinai, Northport, Port Jefferson, Selden, Smithtown and Stony Brook?

Larry Penner

Great Neck

Maria’s No Mow May campaign

Sadly, Maria Hoffman passed away in 2022. She was someone who was involved in everything and anything that touched our community — historical preservation, open space protection and environmental issues.

There was no issue too large, or too small, that Maria wasn’t part of — and always achieved with a smile on her face.

Her involvement was done with a quiet style and grace, and while her voice was soft and light, her influence was great.

Anyone who enjoys West Meadow Beach, the Setauket to Port Jefferson Station Greenway, the cultural, historical and art institutions in the area — they all need to give special thanks to Maria’s legacy.

Maria was an avid beekeeper.

She loved her bees and maintained a number of hives.

Her eyes sparkled whenever she spoke about bees — she marveled at their unique abilities and intelligence.

And she was deeply concerned about the declining bee populations across the country.

To honor the legacy of Maria and to protect the bee, butterfly and bird populations, the Three Village Community Trust is kicking off its 1st annual Maria’s No Mow May campaign.

No Mow May is an international movement that first was popularized by Plantlife, an organization based in Salisbury, England. The simple goal of No Mow May is to allow grass to grow during the month of May, creating an important spring habitat for early season pollinators. No Mow May is really easy — do nothing!

Don’t apply any fertilizers, herbicides, fungicides or pesticides.

While community residents might not want to leave their entire lawn unmown for the month of May, just allowing a small area to be part of No Mow May will make a difference to the environment.

You’re likely to see yard signs saying “ join Maria’s No Mow May campaign throughout the community.

Join the Three Village Community Trust, your friends and neighbors in Maria’s No Mow May. Just like Maria — bee special!

Herb Mones

President, Three Village Community Trust

Eliminating bail reduces recidivism

A recent letter by Jim Soviero [“Dem Albany County DA Soares criticizes bail reform,” April 6] essentially reprints a New York Post op-ed piece by Albany County DA David Soares deriding bail reform. Soviero takes great pains to emphasize Soares’ political affiliation (Democratic) and race (Black).

As I’m sure Soviero would agree, even Democrats can be wrong sometimes. And regardless of Soares’ race, neither he, nor Rupert Murdoch’s New York Post, nor even Soviero himself are better equipped to decide what’s best for New York’s African-American community than that community itself. Polling shows that the overwhelming majority of Blacks support policies reducing incarceration. If bail reform is as terrible for the African-American community as Soviero’s crocodile tears seem to suggest, there’s a simple remedy — they can vote out of office their representatives who voted for it. That’s not about to happen. Instead, the voices most stridently denouncing reform are those exploiting the politics of fear and division.

If just jailing people made our streets and communities safer, the United States should be the safest country in the world. After all, we lead the world in incarceration, both absolutely and per capita.

As far as the cherry-picked statistics Soares relies on and Soviero repeats to denounce reform, they’re all wet. A study released this March by John Jay College, the preeminent criminal justice school in the state, shows that the 2020 bail reform law has actually reduced the likelihood of someone getting rearrested. “Fundamentally, we found that eliminating bail for most misdemeanors and nonviolent felonies reduced recidivism in New York City, while there was no clear effect in either direction for cases remaining bail eligible,” said Michael Rempel, director of John Jay College’s Data Collaborative for Justice.

All of this obscures the fact that the purpose of bail is for one thing only — to restrain those judged to be a flight risk. It is not to lock up people, sometimes for weeks or months in horrible conditions, who are legally innocent. Unless we are willing to drop the presumption of innocence from our legal system entirely. 

I’m sure that Soviero would agree with me that the recently indicted former president is legally entitled to the presumption of innocence. So why is it that he, who is rich and powerful, is entitled to this, but someone who is poor and powerless is not? I don’t know what to call that, but I certainly wouldn’t call it justice.

David Friedman 

St. James

Editor’s note: We are publishing this letter because it responds to an earlier letter. In the future, we ask that letters mainly speak to local issues.

Local residents toast George Washington’s visit

This past Saturday local residents gathered on the corner of Bayview Avenue, East Setauket, and Route 25A to commemorate the 233rd year of our first president George Washington’s visit to Setauket on April 22, 1790. Several in attendance read excerpts about Washington and his life, including a poem written by ChatGPT on Washington’s trip to the Roe Tavern in Setauket.

As many know, Washington came to Setauket during the first year of his presidency to meet with Capt. Austin Roe who ran a small tavern on what is now Route 25A near East Setauket Pond Park. Though the president’s diary was sparse about the true intentions for his five-day trip to Long Island, many believe it was to thank those who had been part of the Culper Spy Ring that was founded in Setauket and critical to Washington’s success against the British troops and mercenaries encamped in New York City.

This is the second year that local resident Rick McDowell and his brother Ken organized the gathering. They are already planning next year’s commemoration for another rousing cheer to our first president and to the Setauket spies who helped him win the War of Independence from Britain.

George Hoffman

Setauket

May 1 public hearing on Maryhaven is urgent

It’s concerning that a Village of Port Jefferson public hearing on changes to zoning for the Maryhaven Center of Hope property is still scheduled for May 1.

Especially since the follow-up work session on April 25 raised more questions than answers — even for some of the trustees. Further, from what we understand, the Board of Trustees has not even received a formal request from the developers, and the Building Department has no record of any application. So why the rush?

The village attorney argues that having the zoning hearing now allows the village to be proactive when the developers are ready to apply. But this remedy seems more preemptive than proactive because the residents don’t yet have enough information to make an informed decision.

Not only were we not included in any of the prior discussions, but it does not appear that a full due diligence was conducted.

It might be too late to call for the hearing to be postponed. But it’s not too late to request that no binding decisions on Maryhaven be made until residents have a chance to review the facts and, perhaps, propose other options for the property.

In order to get answers, we urge you to come to the public hearing at Village Hall on Monday, May 1, at 6 p.m.

Ana Hozyainova, President

Kathleen McLane, Outreach Officer

Port Jefferson Civic Association

No interest in changing Port Jeff Country Club to a public course

This is an open letter to the editor, to the members of the Port Jefferson Country Club and to the residents of the Village of Port Jefferson.

It has been brought to my attention by several members of the country club that inaccurate messaging is being shared around the course — that as part of my Port Jefferson mayoral campaign platform, I intend to convert the country club to a public municipal golf course, and make golf at the country club free for all residents. At first, I thought it was a joke. Because nothing could be further from the truth. Then when more people started asking me if it were true, I knew I had to address this publicly.

I have no interest or intent in changing the country club to a public course. I hope those who consider voting for me see through this political ruse and know I would never be so reckless or fiscally irresponsible. It will remain a private municipal course, as it always has been from the day Mayor Harold Sheprow acquired it, and as it was established when the decision to buy it was voted upon favorably in 1978 by the residents of Port Jefferson.

I will always support making the club and its restaurant facilities a welcoming and inclusive environment for all residents. Giving memberships away for free does not enter into that equation.

If PJCC members or village residents have questions and would like to personally discuss this or any information that has the appearance of being contrary to what I stand for — see my website www.sheprowformayor.com under the “platform” tab — I can be reached by email at [email protected].

Lauren Sheprow, Trustee

Village of Port Jefferson

Editor’s note: The writer is the daughter of former Port Jefferson Mayor Harold Sheprow.

Photo from Lee Zeldin's office

Suffolk County Republican lawmakers joined together last week calling on Democratic leaders in Albany to repeal the state’s cashless bail law. They argue that it has led to an uptick in violent crime.

Spearheaded by U.S. Congressman Lee Zeldin (R-NY1) — who is also the GOP’s potential nominee for governor in 2022 — he said that while on the campaign trail, he hears from people across both political parties who agree that bail reform needs to change.

“Many areas of the state that I’ve been to support repealing cashless bail,” Zeldin said during a press conference on Wednesday, Nov. 10. “They share stories about how cashless bail has eroded public safety.”

He added that the “red wave” that hit Suffolk County — including the success of newly elected Republican District Attorney Ray Tierney, could help send a message to majority Democrats to repeal the bail reform law.

“Too many New Yorkers have already witnessed the ramifications of this dangerous law first-hand, and on Election Day 2021 they made it abundantly clear that they have had enough,” Zeldin said. “This fatally flawed law undermines New York’s men and women in blue, their morale, their efforts and, most importantly, their authority. In the courtroom, it rips away judges’ judicial discretion, ties their hands and forces them to ignore prior convictions and the risk of repeat offenders. Instead of handcuffing criminals, this misguided law handcuffs justice, and every day New Yorkers are the ones paying the price.”

Tierney interjected and said that a package of newly enacted or proposed Democratic bills, including those that reform parole and would expunge many misdemeanor convictions and lower-level felonies, fail to keep the public safe.

“We are here to say these laws do not keep us safer,” Tierney said. “And we need to repeal some of these laws and start to think about the victims and the victims’ families when we consider criminal justice reform.”

He added that during the most-recent election, he and his GOP colleagues saw that bail reform and criminal justice were huge issues that needed to be tackled.

“We saw suddenly our elected officials coming to the realization that bail reform and criminal justice reform did not keep us safe and it was not an effective law,” he said.

Zeldin and Tierney were joined by members of the state Senate and Assembly. Sen. Mario Mattera (R-St. James) congratulated Tierney on his recent win.

“I’m so excited that the people spoke,” Mattera said. “They wanted to make sure we have the right people in place to keep our residents safe.”

Sen. Anthony Palumbo (R-New Suffolk) said that bail reform “needs to change — it’s dangerous.”

“The people have spoken,” he added. “They finally remember the victims who have been forgotten by the two majorities.”

Assemblywoman Jodi Giglio (R-Riverhead) agreed that victims and witnesses are currently not safe.

“It’s not right what happened, we need to repeal it,” she said. “Repeat offenders need to be behind bars and judges need that jurisdiction back.”

County Sheriff, Corrections Officers Say Judges Need Discretion

Inside the Suffolk County Correctional Facility in Yaphank. File photo by Kevin Redding

Depending on who you ask, New York State’s new bail reform is either halting an institution that punished the poor, or it is allowing alleged criminals to return to and terrorize local neighborhoods. 

Back in 2018, after Democrats gained control of both state legislative houses, bail reform became a priority issue for multiple Dems in the State Legislature, with the bail reform coming in as an addendum to the state budget bill. The reform forces judges to release alleged perps without bail for multiple misdemeanors and what are considered nonviolent felony charges.

Over the last few months, on judges’ orders, jails across the state have been releasing inmates who fall under the list of bail-less crimes. In an interview Monday, Sheriff Errol Toulon Jr. (D), whose office oversees the jails in Suffolk County, said approximately 301 inmates have already been released from Suffolk custody over the past month leading up to the law’s enactment. This comes after court orders from judges across the state. He added there is another expected 10 to 15 inmates that will be released this month.

“The biggest thing with this legislation is to give judges back discretion — they can look at criminal history, if they are mentally ill or have a serious substance abuse issue.”

Sheriff Errol Toulon Jr. 

Proponents of bail reform have long argued the previous system effectively taxed poor defendants for accused crimes. They argued that people and their families who could not afford bail would languish in jail until their court date, such as the case of Bronx teenager Kalief Browder, who was stuck in Rikers Island prison for three years, unable to pay the $3,000 bail price until 2013 when he was released due to lack of evidence. He later committed suicide.

Bail costs can range from a few hundred to tens of thousands of dollars and are determined by individual judges. People can also make use of a bail bondsman, but fees for those can still be several thousand, plus the money upfront to ensure a person meets their requisite court dates.

A report by John Jay College of Criminal Justice of the originally proposed bail reforms said that if enacted reforms were around in 2018, there would have been 20,349 more individuals in New York City released without bail, a cumulative amount worth nearly $200 million to the state. In 2018, 105,161 cases resulted in pretrial release without bail.

Leading state Democrats have said the reforms are long overdue, and specifically target nonviolent offenses. Advocates pointed out that poor people unable to make bail can easily lose jobs if they’re not available or stuck in jail, and that those who have to pay for bail on a limited income, even for minor offenses, might be forced to use funds they would have used for rent or even food.

Criminal justice reform advocates say the critics are unnecessarily stoking fears. 

In a statement, Donna Lieberman, executive director of the New York American Civil Liberties Union, said the new reforms are just a step on the path toward overall prison reforms.

“Thousands of New Yorkers who are presumed innocent of the misdemeanor and nonviolent felony charges they face will no longer be forced to sit in jail awaiting trial,” her statement read.

However, the law enforces no cash bail for several offenses that critics have called overtly aggressive. James Quinn, Queens assistant district attorney, released a list of laws judges cannot set bail to, including aggravated vehicular manslaughter, several types of drug sale crimes and even lesser counts of arson. 

Toulon said he has disagreed with the new bail reforms, especially over the list of crimes people are made to be released. He mentioned one inmate who was just recently released on a partially secured bond of $40,000 out of a $400,000 bail order, without a bail bondsman. The individual, he said, had been accused of rape in the first degree of a child, and had a past history of sex crimes.

He said any sort of new bail legislation should give judges more jurisdiction over determining bail.

“The biggest thing with this legislation is to give judges back discretion — they can look at criminal history, if they are mentally ill or have a serious substance abuse issue,” he said.

State legislators are divided on party lines over the new bail reform. A delegation of Republican state reps from Long Island gathered Dec. 31 to voice their opposition.

State Sen. John Flanagan (R-East Northport), the senate minority leader, called the new law “unconscionable,” adding the opposing party has “abandoned crime victims, law enforcement and the public in favor of criminals.”

The delegation noted two criminal cases including one where a woman allegedly assaulted three Jewish women, just one of several during a citywide spree of anti-Semitic attacks during the eight days of Hanukkah. She was arrested again the following day for another assault charge. The law allows for no cash bail on offenders who commit assault without serious injury, and the new bail laws have been enforced since late 2019.

State Sen. Ken LaValle (R-Port Jefferson) said the new law goes against common sense.

“Judges should have discretion in weighing the potential danger of releasing someone who could have violent tendencies or constitutes a real threat to our community,” LaValle said.

Law enforcement groups have also vocalized their frustrations with the bill. 

Louis Viscusi, union president of the Suffolk County Correction Officers Association, said the law doesn’t just force cashless bail for nonviolent offenders, but for drug dealers, sex offenders and gang members.

“A lot of people commit crimes to help fuel that habit,” he said. “At [a corrections facility] they could detox and could make better decisions. This new bail reform removes those options.”

Louis Viscusi

He added he saw Suffolk County actually using the system in the way it was meant to, with the county corrections facility including 24-hour medical care and a space for drug and alcohol addiction. Within the facilities in both Yaphank and Riverhead, he said, inmates could come down from their high and make more informed decisions once or if they are released on bail. Without it, those same people might be out on the street making the same decisions that got them arrested in the first place. 

“A lot of people commit crimes to help fuel that habit,” he said. “At [a corrections facility] they could detox and could make better decisions. This new bail reform removes those options.”

For decades, New York judges were supposed to consider only risk of flight when determining bail, not public safety or safety of the individual. The new law encourages a supervised release program, where municipalities are meant to keep in touch with those accused. 

Toulon echoed Viscusi’s comments, adding his term has focused on giving inmates transferable skills such as plumbing or work with HVAC for when they return to society. He added the new law presents issues for people who may need added protection, such as women who were arrested for crimes, but were subdued in human and sex trafficking schemes. Women who are trafficked are often forcefully addicted to drugs to keep them under control. 

Proponents of the new law point to New Jersey, which has had a similar bail reform bill since 2017, and which a court report showed that while jail populations waned, people still were showing up for their assigned court dates. Unlike Jersey, New York did not have a three-year window between when the law was passed and enacted.

Though Republican officials have looked to paint the issue as a party split, some Democrats have proposed changes to the existing bail reform law. State Sen. Jim Gaughran (D-Northport), along with Sen. Monica Martinez (D-Brentwood) introduced legislation back in June 2019 that would expand the list of qualifying offenses that judges can determine pretrial requirements, to include assault, manslaughter, sex crimes including against children, terrorism-related charges, all class-A felony drug-related crimes and bribery offenses involving public officials. The bill was introduced but could not be taken up until the State Legislature reconvened on Jan. 8.

“When an individual poses a clear danger to public safety, an unbiased judicial expert must have the discretion to choose whether or not to release them without bail,” Gaughran said in a statement back in June.