Photo: Diego M. Radzinschi/ALM

Democrats shouldn't dismiss the idea that New York's new laws limiting the use of cash bail may need changes as the state Legislature returns to Albany this week, Gov. Andrew Cuomo said Monday.

A top Democrat in the state Senate, meanwhile, said Monday that lawmakers should take a wait-and-see approach before they consider any amendments to the new laws.

The conflict comes just days after the new laws on cash bail took effect. They were implemented at the start of the year, but have been the subject of criticism from Republicans since they were approved last March.

Cuomo, speaking at an event in Manhattan, said he supported the intent of the new laws, but that tweaks may be needed.

"There's no doubt this is still a work in progress and there are other changes that have to be made," Cuomo said. "Again, it's literally three or four days, the Legislature comes back next year, and we're going to work on it because there are consequences that we have to adjust for."

Democrats who lead both chambers of the state Legislature have said in recent months that a majority of lawmakers don't support amending the newly enacted laws. There have been one-off proposals, but each has failed to become law.

The new laws largely eliminated the option of cash bail for most low-level and nonviolent charges, meaning that individuals accused of those crimes are now allowed to remain out of jail ahead of trial.

In the months leading up to the implementation of the new reforms, the law enforcement community voiced concerns over a series of charges that would no longer be bail-eligible, like third-degree assault as a hate crime and the criminal sale of a controlled substance.

Those concerns were echoed by Republicans, who have called for the reforms to either be delayed or amended so that judges can consider additional factors when deciding whether someone should be released or held before trial.

That's typically referred to as a defendant's so-called "dangerousness," or perceived threat to public safety. It's never been used in New York to determine pretrial incarceration, but prosecutors have called for that to change with the new limits on cash bail.

They've argued that, if judges can no longer assign bail for certain charges, they should be allowed to look at a defendant's background or criminal history to decide if they could pose a threat to public safety upon release.

Assemblywoman Amy Paulin, D-Scarsdale, introduced legislation Monday to do just that.

Paulin said in a statement Monday that a recent spate of anti-Semitic incidents in New York should prompt lawmakers to give judges more discretion to decide if someone should be allowed to remain free after they've been charged with such a crime.

"Bail reform needed to happen in the interest of justice and equal treatment of accused individuals, but we must balance those objectives against the safety and security of our residents," Paulin said. "During this time of widespread and increased attacks against the Jewish community, we must do all we can to make all New Yorkers feel safe and protected."

Paulin cited a specific incident in Brooklyn, in late December, when a woman was released without bail after she allegedly attacked three Jewish women while shouting anti-Semitic slurs.

That woman, Tiffany Harris, was accused of a similar assault the next day and again released without bail. After a third arrest, Harris was admitted for a psychiatric evaluation. Paulin said judges should have more discretion to detain someone in future cases.

A similar measure was previously announced by Sen. James Tedisco, R-Schenectady, and Assemblyman Angelo Santabarbara, D-Schenectady.

Other Democrats have said the new laws on cash bail should be given a chance to work before lawmakers consider imposing any major changes to the statute.

Sen. Michael Gianaris, a Democrat from Queens and the deputy majority leader of the Senate, said Monday that he wants to collect more data on the impact of the new laws before he considers supporting an amendment.

"This law has been in place for six days," Gianaris said. "So, for someone to decide in six days that this is already not working is not rendering an opinion based on information and data, which is how we try to make our decisions."

But the door isn't closed on possible changes, Gianaris said. While he supports the laws as enacted, he said Democrats will continue to evaluate if there's any room for amendments to the statute after they return to Albany this week for the legislative session.

"The job of the Legislature is to improve the laws. We believe we've done that with these reforms," Gianaris said. "There's some conversation about continued changes that may be necessary. We'll certainly look at things as they come up and discussions will continue."

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