Attorney General Letitia James speaks during a Law Day ceremony at the Court of Appeals in Albany on May 1st, 2019. Chief Justice Janet DiFiore is on the left and Chief Administrative Judge Lawrence Marks is on the right. Photo: David Handschuh/NYLJ

New York Attorney General Letitia James said Thursday that her office will be issuing recommendations to the state Legislature in the near future on how the state's new laws limiting the use of cash bail could possibly be amended to consider perceived threats to public safety.

That comes as Democrats in the state Legislature said again Thursday that they want to give the new laws more time to be fully implemented before they consider any changes.

The new laws first took effect about a week ago and have since been a top subject of concern from Republicans in the state Legislature, who've made it a priority to either have them amended or repealed outright.

Democrats, who control both chambers of the state Legislature, said Thursday they're not willing to consider either option at the moment. Senate Majority Leader Andrea Stewart-Cousins, D-Westchester, said that could change in the future.

"We are paying attention as it continues, to see if there are any necessary tweaks," Stewart-Cousins said. "We want to see if it is doing what we want to do."

Assembly Speaker Carl Heastie, D-Bronx, didn't go as far in comments made to reporters Thursday. He said Democrats in his chamber, as of now, aren't willing to budget on the laws, given that they only took effect last week.

"I think people should just have some patience and let the law take effect," Heastie said. "I'm ready to let the law continue the way it is."

The laws were approved last year as an effort from Democrats to remove the obstacle of cash bail for indigent defendants. Previous law allowed wealthy individuals to avoid pretrial incarceration, while low-income individuals were less likely to afford bail.

Under the new laws, the option of cash bail was eliminated for most low-level and nonviolent charges. Other charges that may be considered violent, but aren't classified as such, were also included in the reform. Those are charges like second-degree burglary and vehicular assault.

Since the law took effect last week, some Democrats and statewide leaders have said they wouldn't be opposed to considering amendments to the statute that may allow judges to detain either repeat offenders, or individuals perceived to present a risk to public safety.

That includes Gov. Andrew Cuomo, who said this week that the Legislature shouldn't dismiss calls that the laws, as written, may need to be tweaked in the near future. Cuomo made the remarks at an event in Manhattan this week.

"We're going to work on it because there are consequences that we have to adjust for," Cuomo said.

It also includes James, who's said in recent days that she would be open to changes in the law that would give judges more discretion to detain certain defendants ahead of their trial based on a perceived threat to public safety.

James said during a radio interview Thursday, in her most extensive remarks on changes to the new bail reform laws, that her office is looking at how other states have limited the use of cash bail, and plans to share that research with members of the Legislature.

"So we're looking at New Jersey, we're looking at other jurisdictions across this nation, and we'll be putting forth some recommendations," James said. "But at the end of the day, it's the legislative process and I respect them and I respect their work."

James said that, specifically, she would like to see the Legislature consider amending the law to address instances where individuals accused of committing a hate crime are allowed to remain out of jail ahead of trial. Judges should have more discretion in those cases, she said.

"I'm hoping that they will make those adjustments, for instance, in the area of hate crimes, where individuals commit crimes against individuals simply because of who they pray to, what they look like, or who they love," James said. "There should be more discretion given to judges."

Democrats weighed the idea of giving more discretion to judges last year, particularly when it comes to a defendant's so-called "dangerousness," or perceived threat to public safety. They left that factor out because they couldn't agree over what parameters judges would use.

Some lawmakers are opposed to judges evaluating a defendant's threat to public safety as a determining factor for assigning bail. Judges have never been able to do so in New York, and some Democrats have feared that bias could play a factor in those decisions.

James shared the same concerns Thursday, saying that lawmakers would have to be deliberative to come up with a way for judges to evaluate a defendant's perceived threat to public safety, while avoiding factors that could present a racial bias.

"It's important we come up with an objective proposal so it does not result in racial disparities and that all individuals are treated fairly," James said. "But at the same time, at the end of the day, it's all about public safety. That should be their priority."

Republicans in the state Legislature, meanwhile, came out strong against the state's bail reform laws Thursday. They've been opposed to the changes since they were approved by Democrats last March.

Republicans in the State Senate presented a so-called "hostile amendment" during session Thursday that would have repealed the state's new laws on cash bail completely. The amendment was voted down by Democrats, who hold a solid majority in the chamber.

Senate Republican Leader John Flanagan, R-Suffolk, said before the vote that Republicans will continue to hammer on the issue. They're seeking to amend the law to allow for more charges to be bail-eligible, and want judges to have discretion to hold defendants before trial.

"We're not against reform when it's done properly," Flanagan said. "The way you do reform properly is that you actually listen to people you represent. You actually listen to law enforcement. You actually listen to district attorneys."

Will Barclay, a partner at Barclay Damon and the new Republican leader of the State Assembly, also mentioned the bail reform law in his opening remarks during session Thursday. He urged Democrats in the chamber to consider changes and solicit input from law enforcement.

"We need to listen to the people and the professionals," Barclay said.

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