OPINION The Madison County District Attorney’s Office, Madison County Probation Office, Madison County Sheriff’s Office, and Madison County Board of Supervisors on Oct. 17 issued the following joint statement on bail reform and reforms to discovery that are set to take effect in New York State in January 2020. As of Jan. 1, 2020 […]
OPINION
The Madison County District Attorney’s Office, Madison County Probation Office, Madison County Sheriff’s Office, and Madison County Board of Supervisors on Oct. 17 issued the following joint statement on bail reform and reforms to discovery that are set to take effect in New York State in January 2020.
As of Jan. 1, 2020 there will be no more cash bail for most misdemeanor or nonviolent felony arrests. The majority of offenses will require only an appearance ticket. Officials in Madison County say while the idea of reform is well intentioned, these changes now put our residents at a greater risk.
Due to the changes in the laws, the District Attorney’s Office and the Probation Office are predicting a substantial increase in workload, resulting in additional staffing requests in the 2020 budget. This will be reflected in a tax increase for Madison County residents in 2020.
“Prosecutors across the state were in favor of true bail reform. Sadly, what was passed by the legislature and signed into law by the Governor is not so much a ‘reform’ as it is an attack on our criminal justice system that endangers public safety in general and victim safety in particular,” Robert A. Mascari, chief assistant district attorney, speaking on behalf of the Madison County District Attorney’s Office, said in the statement. “It is shocking to realize that as of Jan. 1, 2020, a criminal can break into a Madison County citizen’s home with the knowledge that when arrested, bail cannot be set and that criminal must be released on the ‘least restrictive non-monetary conditions.’ To make matters worse, under other newly enacted discovery ‘reform’ laws, that same criminal can get a court order to reenter the victim’s residence — apparently, to see what was missed the first time. In the pursuit of ‘justice and fairness’ for defendants, our Governor and State Legislature have not only ignored public safety, they have sent a message that they truly do not care about victims.”
“The component of the reform that most directly affects the probation department is the elimination of cash bail for most defendants,” said Joanne Miller, director of the Madison County Probation Department. “Whereas in the past, it was at the judge’s discretion to weigh a defendant’s potential risk to the community or risk of flight, it is now required that in most cases defendants be released pending disposition of their cases. The Madison County Probation Department currently operates a Release Under Supervision program wherein defendants are screened, must meet certain eligibility criteria, and, upon our recommendation and the consent of the judge, the defendant may be released under our supervision pending disposition of his/her case. This new legislation will likely result in an influx of defendants being released under our supervision without the benefit of screening and despite the fact that they may pose a risk of flight or a risk of engaging in continued criminal behavior.”
Madison County Sheriff Todd Hood said, “While the intentions of bail reform are good, this law makes it difficult for law enforcement to keep the residents of Madison County safe. This law is putting dangerous people who we previously could put behind bars back on the streets.”
“The safety and well-being of our citizens is the top priority of our Board of Supervisors; these laws do not allow our employees to do their jobs properly to ensure that safety,” said John M. Becker, Madison County Board Chairman. “While the idea of reform is well intentioned, when these laws were passed no one took into account how they would be executed on the local level. Now we are demanding more of our staff and endangering the public at the same time.”
“Until the laws take effect in 2020, we cannot estimate the full impact they will have on operations here at the County,” said Madison County Administrator Mark Scimone. “I am a member of a task force with the New York State Association of Counties working to address the issues that will arise with these changes.”
This opinion article is drawn from a joint statement and press release issued by the Madison County Government on Oct. 17.