'Wait to See': Uncertainty Remains on Bail Reform as Cuomo, NY Lawmakers Talk Budget
There was no public agreement Wednesday between legislative leaders and Gov. Andrew Cuomo over how or whether to change a landmark law that eliminated cash bail for most low-level and nonviolent felony cases.
April 01, 2020 at 10:22 AM
3 minute read
Tweaking New York's controversial bail reform law remained a point of contention Wednesday as the New York Legislature inched closer to passing a complete state budget after blowing past a legislative deadline.
There was no public deal between legislative leaders and Gov. Andrew Cuomo over how or whether to change a landmark law that eliminated cash bail for most low-level and nonviolent felony cases.
But at a midday news conference, Cuomo reported there is a "conceptual agreement" on the budget. But, he said he did not want to provide specifics because legislative leaders would be presenting the details to their members.
"I'd rather let the leaders go through the budget with their assembly members and senators first, before they hear about it from me in a press conference," he said.
Asked whether there was legislation addressing bail reform in the state budget, Cuomo said "You have to wait to see the budget," and flashed a smile.
Moderate Democrats in the state Senate and Cuomo have called for changes to the law, but more liberal Democrats in the Assembly have strongly resisted.
Specifically, Democrats in the state Senate have floated a proposal that would completely eliminate cash bail but in exchange give judges more discretion over which arrestees stay in jail pretrial. The bail law passed last year did not ban the practice in total.
Cuomo and the state Legislature often use the state budget process as a vehicle for nonfiscal policy proposals.
The chances of New York legalizing marijuana in the state budget appeared to evaporate, as Cuomo on Tuesday commented that legalization was not likely to be included in an agreement over the state budget.
Citing the coronavirus outbreak, he said there wasn't enough time to work through the issues of legalizing the substance.
The coronavirus outbreak has transformed the budget-making process in Albany and upended legislative agendas. It's also forced billions in lost revenue for the state, officials say. The pandemic is responsible for 1,941 deaths in New York, according to state figures on Wednesday, and more than 83,700 people have tested positive for COVID-19.
Some budget legislation had moved forward as of Wednesday afternoon.
A provision in one budget bill, passed Tuesday by the state Senate, would create a fund to help with expenses tied to the implementation of discovery reforms.
Prosecutors have repeatedly said their offices have faced a heavy financial burden in trying to comply with the discovery law.
Under the legislation, the fund could be used to pay for administrative support, computers, operating software, overtime costs and pretrial services, among other topics. The fund would at first be made up of $40 million in payments tied to deferred prosecution agreements held by the Manhattan district attorney's office.
The provision says the funds could be given to counties, town and village law enforcement agencies and cities with fewer than one million people.
The discovery reform law, passed last year along with myriad criminal justice reforms, requires prosecutors to turn over discovery information within a 15-day time period after arraignment, with some exceptions.
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