Opponents of bail reform in New York are hoping public pressure forces legislative leaders to walk back new statewide bail policies that have been in place since the beginning of the year.
State Assembly Minority Leader Will Barclay (R-Pulaski) believes grassroots pressure can lead to repeal of the new bail rules.
"The New York City Democrats are going to be the toughest minds to change," Barclay said. "But the suburban Long Island, Hudson Valley Democrats are feeing real pressure from their constituency and we’re going to try to turn up that pressure and let them put the pressure on the Speaker and the Majority Leader in the Senate and the governor and get it done."
Barclay spoke at one of many news conferences and rallies held across the state in recent weeks putting the spotlight on cases where violent criminals are back on the street because they don’t have to make bail. Among other things, the newly enacted reforms require judges to no longer set bail for a long list of misdemeanors and nonviolent felonies.
Onondaga County District Attorney Bill Fitzpatrick is urging action sooner rather than later.
"I understand the theory in Albany now is that we’re going to wait until a couple more people are killed and then we'll come back and tinker with the law. Don’t wait for that to happen," said Fitzpatrick. "We don’t have to throw it out there are plenty of things we can do to improve it but let's do it now before it gets too late."
Tactics may be working. A poll last week from the Siena Research Institute showed public attitudes toward reforms have flipped, with more people having a negative view of bail reform now, compared to when the law passed last spring.
Supporters of the reforms are fighting back. But Kelly Gonzalez, Deputy Director for the Center for Community Alternatives in Syracuse said it’s hard to combat what she calls "fear mongering."
"It’s taking one case and looking this one person who did something bad after they were released. And what people forget is that same individual could have bought their freedom. People could bail out, so this is the difference of the wealthy and the poor," said Gonzalez.
The reform is meant to level the playing field in a criminal justice system where many poor people, mostly people of color, are jailed before a trial because they couldn’t afford bail. Some Democrats including Gov. Cuomo have indicated they are open to making some changes, but Assembly Speaker Carl Heastie said he wants the reforms to play out.
