Gotham Gazette http://www.gothamgazette.com/component/tags/tag/52 Tue, 19 Feb 2019 11:36:47 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) New York Democrats on Eliminating Cash Bail: Not When, But How http://www.gothamgazette.com/state/8245-new-york-democrats-on-eliminating-cash-bail-not-when-but-how http://www.gothamgazette.com/state/8245-new-york-democrats-on-eliminating-cash-bail-not-when-but-how gov cuomo provide update clinton

(photo: the governor's office)


Taking the stage at the Global Citizen Festival in Central Park last September, Governor Andrew Cuomo promised to end cash bail “once and for all,” a move that would launch New York into the national spotlight with New Jersey and California. “In America you are still innocent until proven guilty,” he told the cheering crowd. “And that’s whether you’re black or white. That’s whether you’re rich or poor.”

The elimination of the cash bail system, under which poor black and Hispanic New Yorkers are disproportionately incarcerated pre-trial, does seem imminent thanks to a new Democratic majority in the state Senate. Assembly Speaker Carl Heastie, whose chamber last year passed legislation that only limited cash bail, assured faith leaders at Trinity Chapel in Manhattan on Thursday that, “I support a 100-percent-ending-of-cash-bail system.”

But big questions remain: who will be eligible for pretrial incarceration, what constraints will be put on judges, the reach of controversial ankle bracelets.

Cuomo’s recently-released budget proposal calls for more extensive pretrial detention and monitoring than an advocate-backed bill in the Legislature, and several Democrats told Gotham Gazette they want broad judicial discretion on domestic violence cases: a red flag for advocates who see a window for bias. As Democrats use their new power to rapidly pass progressive legislation, bail reform, in all its complexity, could prove a test of how far they’ll go.

“We have to remember there's a presumption of innocence,” warns Democratic Assemblymember Dan Quart of Manhattan. “The point of bail is not to judge or adjudicate people.”

The New York City jail population has decreased by 1,500 over the last two years, according to a December report from the Independent Commission on New York City Criminal Justice. Still, as of September more than a third of the 8,200 people in city jails were held pre-trial on misdemeanors or nonviolent felonies. More than 90 percent of the jail population is people of color. The commission, led by former chief judge Jonathan Lippman, estimates substantial bail reform could reduce the population by 3,000 people.

Deputy Senate Leader Michael Gianaris of Queens likes to remind reporters that the FREEnewyork campaign, composed of more than 150 grassroots groups, has dubbed his bail reform bill with Manhattan Assemblymember Danny O’Donnell the “gold standard.” It eliminates cash bail and was a non-starter in the Republican-controlled Senate.

Under the Gianaris/O’Donnell bill, most defendants would be released on their own recognizance. Possible exceptions include witness intimidation cases, and felony cases where the defendant is accused of attempting to seriously injure another person.

Anyone eligible for pretrial incarceration would be entitled to a hearing where a judge evaluates evidence and considers less-restrictive alternatives, like mandatory check-ins. These hearings would mark a “huge step forward,” says JoAnne Page, president of the Fortune Society, a nonprofit that provides prison reentry services. Currently, setting bail is “a decision that happens in a heartbeat.”

Cuomo’s budget proposal also eliminates cash bail and mandates pretrial hearings. However, his net of eligibility for pretrial detention is much wider, including Class A felonies like murder, conspiracy, and controlled substance charges; most violent B and C felonies like rape, assault and weapon possession (burglary and robbery are excluded); and cases where the judge deems the defendant a threat to the physical safety of someone in their family or household, regardless of the severity of the charges.

Alphonso David, Cuomo’s counsel, told Gotham Gazette that the governor intentionally excluded controversial public safety assessment tools (which Mayor Bill de Blasio has endorsed). These tools rely on data points like a defendant’s age and criminal history, and have been met with allegations of racial bias in New Jersey and California.

But if decarceration is the goal, advocates warn, the net of eligibility for pretrial incarceration must be much smaller -- lest judges balk at losing cash bail and fall back on detention.

“Unfortunately, the same decision-makers who are deciding to set bail on our clients now are going to be the ones who decide whether or not, after an evidentiary hearing, to keep that person remanded,” says Legal Aid Society attorney Marie Ndiaye. “The only thing you can do to really, really decarcerate is just by really, really limiting the number of people who could even be eligible for that kind of treatment."

Cuomo also wants electronic monitoring as an option for people charged with felonies and domestic violence misdemeanors. “When you have something like electronic monitoring there’s a very real risk that it means the expansion of social control,” warns Page, of the Fortune Society. “The threshold you pass before you put an electronic bracelet on someone is much lower than locking them up.”

Last year, the Assembly passed a proposal that would have preserved cash bail and electronic monitoring in felony and domestic violence misdemeanor cases -- a broad category that includes verbal threats. “I'll be the first one to say the Assembly bill wasn't good enough,” Heastie told advocates Thursday.

O’Donnell also dismissed the Walker bill as a relic earlier this month. “In previous years the Assembly would come up with bills we thought might pass muster in the Republican Senate,” he explained. “Those days are over. I would hope that my colleagues would come around and take this bolder approach.”

But there is still substantial Democratic support in the Assembly for the domestic violence provisions in the Walker bill. “There are going to be enough Democrats, me among them, who will be raising the issue,” said Assemblymember Amy Paulin of Scarsdale. “If we don't protect domestic violence [victims], I won't be voting for the bill.”

“Whether it's cash bail or pretrial detention I'm not worried about that,” added Assemblymember Patricia Fahy of Albany. “My interest is the bottom line…that we are not tying any judicial hands in keeping our streets safe, or our households safe.”

This is a point of entry for the state District Attorneys Association, which opposes expansive bail reform on the grounds that it curtails prosecutorial discretion. “We have serious concerns about, with the swipe of a pen, creating a proposal that has calamitous effects on public safety,” Albany County District Attorney David Soares told Gotham Gazette.

Domestic violence advocates in the FREEnewyork campaign say this logic is at odds with the ultimate goal of significantly decreasing jail populations, and relies too heavily on the perceptions of law enforcement. “Particularly for LGBTQ people,” cautions Audacia Ray of the New York City Anti-Violence project, “the way police and prosecutors perceive what is happening is often faulty and racist.”

Senate and Assembly leaders tell Gotham Gazette that they hope to come up with a compromise before budget negotiations, which are set to begin in earnest in March. A budget deal is due April 1. “The old ways of Albany involved trading one thing against an unrelated thing,” Gianaris said. “The new New York Senate is trying hard to break that mold.”

“The tricky thing with bail,” he added, “is that if we don’t do it right, things can get worse rather than better.”

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by Emma Whitford, Gotham Gazette
@emma_a_whitford

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New York Democrats on Eliminating Cash Bail: Not When, But How Thu, 31 Jan 2019 05:00:00 +0000
As We Close Rikers, Criminal Justice Reformers are Ready for Full Partnership in Albany http://www.gothamgazette.com/130-opinion/8143-as-we-close-rikers-criminal-justice-reformers-are-ready-for-full-partnership-in-albany http://www.gothamgazette.com/130-opinion/8143-as-we-close-rikers-criminal-justice-reformers-are-ready-for-full-partnership-in-albany guards rikers

(photo: Michael Appleton/Mayor's Office)


This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

Riding high on the crest of a Democratic blue wave powered by grassroots progressives, New York Democrats finally took back the state Senate for the first time in nearly a decade. With this accomplishment comes a responsibility to finally act upon a long list of priorities that have been stymied by the Republican-controlled upper chamber of the Legislature in Albany.  

Chief among these priorities is criminal justice reform, a topic that the New York City Council has been tackling aggressively for some time. Perhaps the Council’s most ambitious effort in this sphere has been to close all jails on Rikers Island. The decrepit jails on this island embody human misery and tragedy and it is our moral imperative to close them forever.

Any realistic effort to close these jails requires reducing the pretrial detention population, as close to 90 percent of those housed on Rikers are merely accused and not convicted of crimes. While the city has managed to take several bold steps in this area, state action will be required to make the dream of closing Rikers a reality. Over the past few years, our efforts at state reform have been hamstrung by an uncooperative state Senate. Throughout the process, our progressive allies in the Assembly majority and Senate minority voiced support for progressive criminal justice reform but were unable to move key bills to fruition.

Their inability to move legislation through the Senate did not stop some state elected officials from crafting bills that would greatly improve our criminal justice system. This legislation now stands a strong chance of passing once the new Democratic majority sits for the 2019 legislative session.

agenda19v2 aFirst and foremost, bail and speedy trial reform must be prioritized. Both efforts would go a long way towards a more equitable criminal justice system writ large, while lowering the detainee population on Rikers Island. While we here on the City Council have done much to make our bail system fairer, only Albany can implement the deep and systemic reform necessary to make our pretrial detention system truly fair and just. There are a number of bills in the Assembly and Senate that either significantly restrict or eliminate cash bail, encourage the use of monitored release in lieu of detention, and help ensure that pretrial detention is reserved for only the most severe cases. Any of this legislation would go a long way towards fixing what is a fundamentally broken and unfair bail system.

Meanwhile, speedy trial reform is arguably even more important in reducing pretrial detention. Given that close to 90 percent of the jail population is pretrial detainees, cutting the speed with which cases are resolved has a direct and massive impact on the jail population: a 25 percent faster system would mean close to a 25 percent reduction in the jail population. Much like our state’s bail laws, our speedy trial laws are outdated and ineffective, lagging far behind the federal system and other states. As they say, justice delayed is justice denied, so resolving criminal prosecutions faster not only reduces our jail population, it also helps our criminal justice system as a whole. While Senate Democrats tried to push for some minor reforms to our broken speedy trial laws in recent years, our new Senate leaders must be aggressive in tackling this issue.

There are also lesser-discussed issues that could be enormously transformative, such as parole reform. Approximately 16 percent of the population of Rikers Island jails is incarcerated for parole violations, and the state controls this issue in its entirety. According to a report issued by Columbia University’s Justice Lab, the state parolee population is the only jail group that saw an increase in its size over the past four years. Thankfully, Albany is aware of the issue, evident in Governor Andrew Cuomo’s 2018 State of the State speech, in which he touched on the importance of parole reform. When the new state Legislature convenes in January, it can move to shorten parole terms, incentivize good behavior, and require speedier hearings on these issues.

Though its impact on our jail population may not immediately be apparent, discovery reform should also prove critical in helping the city to run a more just criminal justice system and to close Rikers Island jails. Discovery is the process by which the prosecution provides its evidence to the defense. New York State has among the most restrictive discovery laws in the country. While the issue may seem complex, it is actually fairly simple: since well over 95 percent of criminal prosecutions result in a plea or dismissal, the faster the defense is able to assess the strength of the prosecution’s case, the faster a plea or dismissal can be reached. Luckily, there is already legislation in Albany to ameliorate the situation, and our new leaders should embrace these progressive reforms.  

Over the past several years, we here at the City Council worked hard to bring our criminal justice system into the 21st century. However, there has always been a limit to what we can accomplish without willing partners in Albany. In early January, when our fellow Democrats in the state Senate take their seats as the new majority and work with the Democratic majority in the Assembly, the possibilities for progressive criminal justice reform will widen tremendously.

The progressive activists who helped make Democratic victories a reality in November will be watching the new Legislature closely. It is imperative that our state elected officials finally act to create a criminal justice system in New York that reflects our values as a state and a city.

This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

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Diana Ayala, Margaret Chin, and Stephen Levin are members of the New York City Council, representing parts of the Bronx, Manhattan, and Brooklyn, and members of the Council’s Progressive Caucus. Their districts are all slated to be home to new or larger jails as Rikers Island facilities are closed. On Twitter @DianaAyalaNYC & @CM_MargaretChin & @StephenLevin33.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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As We Close Rikers, Criminal Justice Reformers are Ready for Full Partnership in Albany Sun, 16 Dec 2018 05:00:00 +0000
Assemblymember Walker, Sponsor of Bail Reform Bill, Optimistic About 2019 http://www.gothamgazette.com/state/8084-assemblymember-walker-sponsor-of-bail-reform-bill-optimistic-about-2019 http://www.gothamgazette.com/state/8084-assemblymember-walker-sponsor-of-bail-reform-bill-optimistic-about-2019 assembly sponsor bail

Assemblymember Latrice Walker (photo: Kevin Coughlin/Governor's Office)


This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

Assemblymember Latrice Walker, a Brooklyn Democrat, has been pushing for criminal justice reform in New York, and believes that 2019 will hold long-sought progress. Among the several pieces of legislation introduced in the Democrat-dominated Assembly that address criminal justice reform, one of the most significant proposals is Walker’s bail reform bill, which passed the Assembly in June but did not move in the Republican-controlled state Senate.

With Democrats having taken the majority in the state Senate through this month’s elections, next year could bring sweeping changes to the criminal justice system in New York, with bail reform atop the priorities for many elected officials, advocates, and others, including Walker, soon-to-be Senate Majority Leader Andrea Stewart-Cousins, and Governor Andrew Cuomo, a Democrat entering his third term. The two legislative majorities and governor will have to work out the details of any reforms, of course, and there are different bail reform proposals.

The need for such reform is evident in Walker’s district, she explains. Representing neighborhoods such as Brownsville and Ocean Hill, Walker, a Brownsville native herself, has seen the current system’s effects first-hand. During a recent appearance on the Max & Murphy show on WBAI radio, Walker explained the “billion-dollar blocks” in her district, which is home to significant poverty, and elsewhere, as areas from which many people have gone to jail or prison, with government spending totaling billions of dollars to detain those people. It’s a way of both pointing out the high costs of mass incarceration and the lack of investment in those same communities for helping people escape poverty and related problems.

Walker believes the current criminal justice system is based around punishing people, and that bail should not be part of that picture, but one area for reform that can then stop feeding the larger problem.

“Bail is supposed to just ensure a person’s return to court. We know that the constitution declares that it’s not supposed to be cruel, unusual, and it’s not supposed to be punishment. And I think that that’s the term that many people forget about New York’s bail system,” Walker said. She’s observed that there has been a rubric of sorts set up in courts where there is more focus on the type of crime allegedly committed, the individual, and the neighborhood in which they live, to determine whether a person is required to post bail.

With her proposal, Walker aims to make the system what it was supposed to be, she says. “It bewilders me when I see attorneys, judges and the like say to me, even across the state of New York, ‘well there has to be some system or something put in place that will ensure that bad people don’t get put back into the streets,’ but that’s not what bail is about, and that’s what I’m here to defend.”

Of course there are certain alleged crimes where the defendant should either have conditions put on their release or not be released at all, argue Walker and others pushing for bail reform, especially major changes or an end to cash bail, but there are many, many others where bail has simply become a punishment of poverty, leading many poor people to spend time in jail for lower-level offenses.

“The bail bill that I introduced allows for an automatic release on a person’s own recognizance in certain situations where their violations, misdemeanors -- other than sex offense misdemeanors, non-violent felonies, and two categories of violent felonies,” Walker explained. A person is not released on their own recognizance if they’ve committed sex offense misdemeanors or most violent felonies. However, the two categories of violent felonies the bill does exempt are burglary or robbery in the second degree, as well as falsely reporting an incident in the second degree.

Walker’s proposal was developed by looking at bail “in the context of speedy trial” and “discovery reform,” she said, which are two other major categories of criminal justice reform Democrats pledge to pursue in Albany next year, where state Senate Republicans had largely disagreed with the bills put forth by Assembly majority and Senate minority Democrats.

The bill would also allow for a defendant to be released on non-monetary conditions but with court-ordered monitoring. Depending on what the court decides, the defendant could be monitored by a pre-trial services agency, the imposition of travel restrictions, and as mentioned by Walker on WBAI, through the use of electronic monitoring systems.

In the cases such as violent felonies, sex offense misdemeanors, and situations where the person released on recognizance or under non-monetary conditions fails to follow through with the conditions of their release, monetary bail can be set. In cases where a person is charged with sex offense felonies, terrorism crimes, class A felonies, witness intimidation, or felonies involving intent to causes injury or death, monetary bail may also be set, though remand without bail (no pre-trial release at all) is also an option.

Cagenda19v2 aourt-ordered electronic location monitoring would be applicable to defendants when "no other realistic conditions (would) suffice to reasonably assure the defendant's return to court" or when they are charged with a felony, misdemeanor domestic violence, a misdemeanor sex offense, or other crimes outlined in the bill.

Walker recognizes that there are opponents of her plan to her right and her left, and says she’s taken into account the concerns some may have with parts of her proposal. The non-monetary condition situation, as she put it, brings about the question of whether mass incarceration is going to be allowed to be replaced by mass surveillance.

“I wanted to be able to protect that because this new electric monetary system is a new iteration of the billion dollar blocks. Now instead of incarcerating people, you’re got everyone in the ankle bracelets,” said Walker. The widespread use of ankle bracelets is a secondary set-up that Walker said “sets up a system that we’re trying to do away with.”

There have been other versions of bail reform introduced in the Assembly, one of them by Assemblymember Daniel O’Donnell of Manhattan. When asked if there are any significant differences between the two versions of bail reform, Walker highlighted only one.

“In my bill, where a person is still required to be remanded in pre-trial jail, you have discovery reform procedures that kick into play. There is a certain number of time, I believe it’s five days, by which the defense is able to request of the prosecution a discovery evidence or any evidence that might lead to that person being acquitted at the end of a trial,” she explained. This component of her plan gives the person being charged with a crime other mechanisms to “put forth a formidable defense.”

According to the listing of Walker’s bill in the Assembly legislation database, the purpose of the bill is to significantly amend “New York's antiquated cash bail system” for the first in “nearly fifty years.”

“This legislation would move our state toward a more intelligent, individualized system of pre-trial release, monitoring and, when necessary, detention,” the bill states. “The bill is designed to end the current, reflexive overreliance on monetary bail, which each year results in the unnecessary and expensive pre-trial jailing of thousands of persons simply because they cannot afford a modest sum as collateral.”

The Assembly passed Walker’s bill in June as part of a broader criminal justice reform package. O’Donnell’s bill, known as the "bail elimination act of 2018," would fully eliminate the use of cash bail while also ensuring “provisions for pretrial detention,” but has not been voted on in the Assembly.

However, O’Donnell’s bill does have a “same-as” bill in the Senate, whereas Walker’s does not. That may well change come January when the new Legislature begins its work.

Walker said she remains “blindly optimistic,” though she is aware that there are other things that may take priority when the new legislative session begins and Democrats in control of the legislative and executive branches start getting to a long agenda, and that Democrats are not a “monolithic body.”

“I anticipate that bail reform, and criminal justice reform will remain an in-vogue topic,” she said.

[Listen to the full conversation: Assemblymember Latrice Walker on Max & Murphy Nov. 14 2018] 

This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

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by Annie Abreu, Gotham Gazette
@GothamGazette

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Assemblymember Walker, Sponsor of Bail Reform Bill, Optimistic About 2019 Sun, 18 Nov 2018 05:00:00 +0000
Enact Sweeping Criminal Justice Reform Responsibly http://www.gothamgazette.com/130-opinion/8077-enact-sweeping-criminal-justice-reform-responsibly http://www.gothamgazette.com/130-opinion/8077-enact-sweeping-criminal-justice-reform-responsibly mayor bloomberg grad2010

(photo: Spencer T. Tucker/Mayor's Office)


This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

The Governor and the Legislature should use this once in a generation opportunity to make New York State the world leader in thoughtful and effective public protection policies that hold offenders accountable in a humane and forgiving way, and which allows those who offend to, within reason, receive opportunities to make amends and start afresh.

They could start strong by creating a grand blue ribbon commission with multiple subsidiary groups consisting of cross-partisan experts representing a broad public justice and human services spectrum.

And they should forego the impulse, admittedly hard to resist in the afterglow of strong electoral results 10 days ago, to pursue ideological approaches at the expense of posing honest questions and hunting for approaches that work.

The poisonous blue versus red state rhetoric is polluting this conversation (this is happening all over the country where more liberal states seem to relish the chance to stick a finger into conservative eyes - and the contempt is mutual): this divisive tact has no place in devising rational, humane, and effective approaches. It presents the false choice that one has to pick a side: the ACLU or Jeff Sessions. We must do better.

This is a task that is bigger than the Legislature and the Governor. Indeed, it is our political system that has bequeathed the contemporary system that is criticized from all sides. It must be stipulated that much bad criminal justice policy was the product of scare-mongering politicians of a different era seizing on anecdotal, low-probability events as grounds for enactment of draconian laws, such as ones that target narcotics possession and sale. There should have been, but frequently was not, pushback when these laws and policies were gathering steam.

Now, the danger runs in the other direction.

Advocates have commandeered the conversation and this has dangerous implications. Far too frequently, this means that several shades of only one side of an argument are presented.

Bail and parole reform of some sort is a commendable pursuit, but the public must be leveled with: early release will mean that there will likely be more victims, and some may lose their lives. Will cashless bail mean that a defendant who has no skin in the game will be less concerned about skipping court appearances? This is not a reason not to embrace change, but advocates (who are often backed up by billionaires who are unelected and unaccountable and who are, themselves, and their families, unlikely to have violence fall on them) have a maddening tendency to obscure or dissemble in the face of evidence that runs counter to their objectives. When reforms are being discussed the lives put at risk are almost invariably not in affluent places.

And the voices of individual victims and communities as a whole have been marginalized or stifled altogether.

To be sure, there are daily miscarriages involving charged individuals -- people supposed to be presumed innocent -- locked up for prolonged periods, despite the presumption of innocence, in true Kafkaesque fashion. Dramatically speeding up adjudication will make much of the bail debate academic.

A blue ribbon commission can look in a sweeping and holistic way at the agencies charged with delivering justice, with a keen eye to unintended or collateral consequences to seemingly simple silver bullet reforms. It is far too easy for elected officials to succumb to sponsoring slapdash reforms that allow them to bask in the glow without considering the wider implications of the bills they sponsor.

Certainly, some legislative steps taken in the name of “police reform” have helped lead to the current death spiral of the police profession. There are a number of public officials who seem to believe, misguidedly, that it is a great accomplishment to create an atmosphere where the police avoid engaging festering community conditions. If they looked across the country before acting, they would know that urban police departments willing to take risks and bear the brunt of criticisms for defending communities against disorder and insecurity are becoming as rare as the dodo. They would also notice that police departments are struggling mightily to find someone, anyone, to put on a uniform these days. This may not seem like a pressing concern in our presently supersafe city, but what if the future sees dramatic shifts and upheavals?

The blue ribbon commission could launch its work by conducting in-depth, high-quality, sustained surveys to gauge the sentiments of people in communities (in my experience the feedback gathered will always contain surprises). And true justice would have a local flavor: it is folly to try to create one uniform, static standard in each of the state’s 62 very different counties. Indeed, even in a single NYPD precinct, there can be many different communities and seemingly, at times, as many opinions and sensibilities about safety as there are residents.

The country (and we could seek out leaders from overseas as well) has many current and former law enforcement, justice, and human services professionals who have progressive instincts but who will not forget that the duty is to strike a practical, humane balance.

We should pursue grand and workable ideas, research, and demonstration programs from all over the planet, rejecting the chauvinism and insularity that is a hallmark of a 50-state justice system.

Consideration should be given to creating a statewide super-agency, something like the Department of Community Well Being and Safety. Perhaps it should be led by a First Deputy Secretary or Deputy Secretary to the Governor.

Too often agencies continue to work siloed off from one another, law enforcement agencies separated from agencies with other portfolios, working at cross-purposes. Protecting the public and treating offenders decently demands that the education, health, employment, mental health, and drug and alcohol addiction infrastructure be central to any final package of reforms. Can the notoriously independent, aloof even, federal law enforcement community be looped into these efforts?

agenda19v2 aWe must also not ignore hard truths. It is a noble and fiscally prudent goal to urgently seek to shrink prison and jail populations. But these populations would be significantly higher if the justice system was better at apprehending those who commit serious crimes. Most of these offenders are never apprehended. Can true justice system reform ignore this reality?

And despite all the rhetoric about shrinking the punitive footprint of the system, new laws continue to be added with each passing legislative session, while existing laws are almost never revoked.

The system has to be repaired but also defended and re-legitimized. There is a widespread misbelief that convictions of the innocent are commonplace. Elected officials must embrace, vouch for, and sell the system; after all, it is their creation. In the wake of serious crimes, people are sometimes not cooperating with investigators. What do lawmakers offer as a remedy?

We need a complete blue sky review of the uses of technology to prevent crime and to track offenders so that they are getting what they need to steer clear of re-arrest. How can technology be used to vitiate the need for the police to make custodial arrests?

What is the promise for treating breaches of public peace and order in a civil, rather than criminal, context?

We need to examine the work of all prosecutors’ offices, but also the concerning trend where “progressive prosecutors” pursue or decline prosecutions or overlook laws never repealed by the Legislature on the basis of what can be spongy, unstructured, idiosyncratic whims -- that Is not a system of laws, but of ‘men.’

There is also a need to provide affirmative policy preventing and responding to mass casualty shootings and terrorist acts ranging from unsophisticated lone wolves to catastrophic uses of chemical or biological warfare in our streets.

And we need to examine big business and white collar crime anew in the face of evidence that some business bottom lines are being topped off by what can only be described as scams, schemes, and frauds.

And essentially, it must be said that this economy is not working for millions of people. Anyone who interacts with young people knows of their fears and insecurities about finding a place in this society. High turnover, insecure, minimum wage jobs represent a menace to society's well being. In her new book, "The Job," Ellen Ruppel Shell sums it up succinctly: “Good work brings stability of the sort that staves off conflict…”

It is always hard to ask political folks to soar above political considerations and to deliver evidence-based solutions to thorny problems, come what may. New York’s political establishment has a chance to rise to the challenge. Will they take it? Will they go big?

This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

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Eugene O’Donnell is a former NYPD officer and prosecutor in Brooklyn and Queens, and currently a professor at John Jay College of Criminal Justice.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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Enact Sweeping Criminal Justice Reform Responsibly Thu, 15 Nov 2018 05:00:00 +0000
Max & Murphy Podcast: Assemblymember Latrice Walker http://www.gothamgazette.com/state/8072-max-murphy-podcast-bail-reform-with-assemblymember-latrice-walker http://www.gothamgazette.com/state/8072-max-murphy-podcast-bail-reform-with-assemblymember-latrice-walker mxm logo

Ben Max, left, of Gotham Gazette, and Jarrett Murphy, right, of City Limits


This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

November 14, 2018 - Max & Murphy Podcast: Bail Reform with Assemblymember Latrice Walker

latrice walker wbai orgAssemblymember Latrice Walker, a Brooklyn Democrat, joined the show to discuss her push for criminal justice reform, among other issues, including the prospects for a wave of Democratic legislation to pass through the state Legislature in 2019 after the state Senate flipped and will potentially work with the long-standing Assembly majority to pass long-stalled bills.

Listen to the conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts, under "Max & Murphy," and listen to Max & Murphy live on Wednesdays at 5 p.m. on WBAI radio, 99.5FM or wbai.org

agenda19v2 a

This is part of AGENDA 2019, a joint Gotham Gazette-City Limits project
Find the rest of the series here

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by Ben Max, Gotham Gazette
     

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Max & Murphy Podcast: Assemblymember Latrice Walker Wed, 14 Nov 2018 05:00:00 +0000
What Happens Next? A Service-Provider on the Mass Bail Out http://www.gothamgazette.com/130-opinion/8021-what-happens-next-a-service-provider-on-the-mass-bail-out http://www.gothamgazette.com/130-opinion/8021-what-happens-next-a-service-provider-on-the-mass-bail-out melinda katz ribbon mass bail out

(photo: Office of Queens Borough President Melinda Katz [CJ])


The Mass Bail Out action is currently underway, attempting to post bail for women and youth on Rikers Island and in city jails throughout New York. At last count, there were about 243 women held in jail because they cannot afford bail -- not because they’ve been proven guilty of their charges. We think this is an incredible and necessary effort rooted in the quest for justice. 

The only legal reason to hold a person on bail is to ensure they return to court, but research proves time and again that most people return to court on their own, especially women. This includes people bailed out by charitable bail funds. In fact, the Bronx and Brooklyn bail funds have been operating for over a decade and the people they serve return for their court dates 95 percent of the time. 

Further, women in jail are more likely than men to be the primary caretakers of their children, to have survived histories of violence and abuse, to be battling drug addiction and mental illness, and to live in poverty; circumstances only exacerbated when isolated on Rikers Island (or in any jail or prison).  To theorize that women are less a danger to themselves or others in jail is to erase their agency and to ignore the many needs we neglect to meet as a community. 

New Yorkers have a responsibility to reimagine the criminal justice system and to set an example for the rest of the country. At the Women's Prison Association (WPA), we envision a community where our reliance on incarceration as the default response to crime has been replaced by constructive, community-driven responses. Women come to WPA from Rikers every day. Partnering with the Mass Bail Out simply means providing the same services to more women at once.

There has been a plan set in place for every woman thus far, including transportation to safe housing, connection to health care, legal support, and provision of emergency needs like food and clothing. WPA's social workers are meeting these women at Rikers with tailored service plans and nonjudgmental support. Every day our staff work hard to meet the immediate and long-term needs of our clients, and I am proud of the tireless effort extended throughout this movement. These are supports every New Yorker should have available to them. 

WPA is 173 years old. We are familiar with the misconceptions around our work and similar efforts toward social progress like the Mass Bail Out. Critical to our vision of a world with fewer jails and prisons is the belief that all human beings have the capacity for change and that every individual can be accountable for her actions and the results.  We support the freedom of these women and teens, so that they can imagine and realize law-abiding, self-directed, and satisfying lives in the community, possible with our support and that of the city at large.

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Georgia Lerner is Executive Director at the Women’s Prison Association, which works with women at all stages of criminal justice involvement. On Twitter @Georgia_Lerner & @WPA_NYC.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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What Happens Next? A Service-Provider on the Mass Bail Out Thu, 25 Oct 2018 04:00:00 +0000
Doing the Mass Bail Out the Right Way http://www.gothamgazette.com/130-opinion/7968-how-to-do-the-mass-bail-out-the-right-way http://www.gothamgazette.com/130-opinion/7968-how-to-do-the-mass-bail-out-the-right-way arniess

(photo via @RoryLancman)


The Robert F. Kennedy Human Rights Foundation’s just-launched “mass bail out” -- which could release from New York City jails 500 incarcerated indigent young and women defendants charged with misdemeanors and violent felonies -- is a good plan if it is implemented responsibly.

The plan dramatically highlights the bail system’s glaring inequities, as thousands sit in jail for months, unable to pay bail.

Not surprisingly, the plan has caused an immediate and strong reaction, particularly from the NYPD.

NYPD Commissioner James O’Neill warned of an oncoming crime wave if the Foundation’s bailed defendants are released, claiming it will make New York City “less safe.” He also decried, “What about the victims? What about witness intimidation? What about retaliation?” New York City’s district attorneys have sided with O’Neill; though oddly, they remain some of the biggest supporters of bail reform.

The fear is that newly bailed defendants will start a crime wave even though no crime wave was ever started by those with the financial resources to make bail. In fact, most defendants on bail return for their court date.

This unfounded fear only underscores the economic disparity in our court system and is inconsistent with justice and with New York state law.

Bail is set at arraignment: the prosecutor and defense attorney are heard, then a judge applies the statutory criteria for setting bail, including considering the main standard: will a defendant return to court for his or her case.

Perhaps defensively, the Foundation’s president mistakenly stated, “If a judge feels this person is a danger to society, they will not make them bail eligible.” New York does not have a pre-trial detention bail criteria. However, federal law specifically permits pre-trial detention if “such person poses a danger to any other person or the community.”

It also demonstrates just how tricky ending bail inequity is.

But, before the Foundation and its partners can implement their program they must have a dialogue with the city’s district attorneys regarding their bail policies and concerns.

Before posting bail the advocates must consider why bail was set by a judge and ensure a potentially released defendant meets any conditions, such as not contacting a victim or witness and attending future court appearances. After all, this plan places the Foundation in the place of a family member who would normally put up bail and suffers a financial hardship if a defendant skips court. This means the Foundation will also have to supervise the defendant while on bail.

The Foundation and partners must also comply with existing bail laws, which restrict depositing bail for multiple defendants. Among other things, New York State’s Superintendent of Insurance must authorize a certificate for the Foundation to become a “charitable bail organization.”

Other opportunities for bail reform dialogue also exist.

For instance, a reform must include fast tracking incarcerated young defendants’ cases to disposition.

Encouraging the NYPD to issue Desk Appearance Tickets (DATs) for all misdemeanor arrests and seeking statutory authority to issue DATs for nonviolent low-level felony arrests. A DAT releases an accused with a future court date at the station house without waiting 18-24 hours in custody for arraignment.

There must be greater use of existing non-cash bail alternatives permitted under New York law, eliminating costly bail bonds.

The Foundation’s program – if successful – is a significant step forward for criminal justice and bail reform. After more than 20 years of stop-and-frisk excesses, broken windows arrests, and inequitable bail practices, economic disparity must end for the many who are incarcerated in our city’s jails waiting inordinately for their day in court.

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Arnold N. Kriss is an attorney in private practice in Manhattan, and a former NYPD Deputy Commissioner for Trials and Brooklyn Assistant District Attorney. On Twitter @ArnieKriss.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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Doing the Mass Bail Out the Right Way Mon, 01 Oct 2018 04:00:00 +0000
What's The [Data] Point? 5,000 with Liz Glazer, Director of the Mayor’s Office of Criminal Justice http://www.gothamgazette.com/city/7901-what-s-the-data-point-5-000-with-liz-glazer-director-of-the-mayor-s-office-of-criminal-justice http://www.gothamgazette.com/city/7901-what-s-the-data-point-5-000-with-liz-glazer-director-of-the-mayor-s-office-of-criminal-justice whats the data point


What's The [Data] Point? Episode 52 -- 5,000, with Liz Glazer, Director of the Mayor’s Office of Criminal Justice [You can download What's The [Data] Point? wherever you get your podcasts, including on iTunes]

glazer elizabeth pod

Mayor Bill de Blasio has a plan to close the jails on Rikers Island, in part by reducing the overall city jail population to 5,000 detainees, down from about 8,000 now, which is down from well over 20,000 two decades ago. Liz Glazer, director of the Mayor’s Office of Criminal Justice, joined the podcast to discuss the administration’s criminal justice policies.

Listen to the conversation and let us know what you think: Ben Max of GG (@TweetBenMax), Maria Doulis of CBC (@MariaDoulis). Listen below or download wherever you get your podcasts!

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by Ben Max, Gotham Gazette
     

Read more by this writer.

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What's The [Data] Point? 5,000 with Liz Glazer, Director of the Mayor’s Office of Criminal Justice Thu, 30 Aug 2018 04:00:00 +0000
The Justice System Case for Radical Incrementalism http://www.gothamgazette.com/130-opinion/7618-the-justice-system-case-for-radical-incrementalism http://www.gothamgazette.com/130-opinion/7618-the-justice-system-case-for-radical-incrementalism mbdb graduation

(photo: Ed Reed/Mayoral Photography Office)


Social media was full of despair as advocates bemoaned the failure of New York state government to approve bail reform legislation in the recently-passed budget. The push to eliminate cash bail brought together dozens of organizations and hundreds of concerned citizens to advance an important reform. This kind of mobilization is not atypical – advocacy campaigns tend to focus on passing legislation or electing officials.

Eliminating cash bail is a good idea, and over time, our bet is that it will end up succeeding in Albany. But we know from the Independent Commission on New York City Criminal Justice and Incarceration Reform chaired by former Chief Judge Jonathan Lippman that you don’t need to pass new legislation in order to transform the justice system. Indeed, the commission made the case that it is possible to reimagine criminal justice in New York City – including closing Rikers Island – without any new legislation whatsoever. In fact, this process is already underway.  

The Mayor’s Office of Criminal Justice has just announced that the city's jail population is now less than 8,500 – down from a high of over 20,000 in the 1990s. This did not happen overnight. It also did not happen thanks to the passage of any single piece of legislation or the election of any single official.

Reducing incarceration in New York City took place over the course of multiple decades and mayoral administrations. It was a slow, incremental process, involving dozens, if not hundreds of decisions by different agencies and actors, the vast majority of which never made newspaper headlines. For example, in 1997, New York City’s criminal court judges released roughly 50 percent of defendants on their own recognizance pending trial, without setting bail. Today, this figure is closer to 70 percent. The implications of this shift in practice are enormous – it adds up to tens of thousands of defendants being given the chance to avoid the harms and abuses of Rikers Island.  

Based on our work in New York and our recent examination of successful reform efforts across the country in Start Here, we argue for an approach to criminal justice reform that focuses on practice not politics. We believe that we need to transform the culture of our justice system – and that the best way to achieve this is by working directly with the police officers, prosecutors, judges, and correctional officials who staff our precincts, jails, and courts to help them change the way they do their jobs on a daily basis.

Many criminal justice reformers go over the heads of practitioners and speak directly to elected officials. Legislating change is an enormously tempting path to pursue. A successful bill in Albany or Washington can alter the course of government more or less overnight. At least that's the promise. In reality, things often don't pan out that way.

As Michael Lipsky pointed out more than a generation ago in Street-Level Bureaucracy, frontline staffers can sabotage or undermine any initiative that they do not believe in. That's why real criminal justice reform requires time – time to change the hearts and minds of the people who run the criminal justice system.

Let’s be real: it can be profoundly frustrating to take an incrementalist approach to reform. While there is much to celebrate in New York City, which now has the lowest rate of incarceration of any major American city to go along with dramatically reduced levels of crime, there is also much work still to be done. A trip to criminal court reveals that racial disparities are still very much with us. A visit to Rikers Island indicates that we have a long way to go before we can say that our system treats defendants with decency and dignity.

Here are three changes in practice that would go a long way toward making our justice system more fair and more effective.

First, police officers and prosecutors need to create off-ramps so that more low-level cases can be diverted out of the system entirely. Second, judges and court administrators need to do everything in their power to expedite case processing and avoid unnecessary delays – especially when defendants are being held in jail pretrial. And finally, elected officials need to make deeper investments in pretrial services and alternative sentencing programs so that judges have options beyond jail and nothing.

None of these fixes requires new laws to be passed -- just the active engagement of the people who run the justice system in New York City. The good news is that policymakers are aggressively pursuing all of the above.

New York City is a case study for the kind of justice reform that takes a long time to see to fruition – but it’s the kind of reform that is both durable and sustainable. The process is gradual; the results are nothing short of radical.  

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Greg Berman is the director of the Center for Court Innovation and co-author of Start Here: A Road Map to Reducing Incarceration (The New Press). Julian Adler is the director of policy and research at the Center for Court Innovation and co-author of Start Here.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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The Justice System Case for Radical Incrementalism Wed, 18 Apr 2018 04:00:00 +0000
New York Justice Delayed Is New York Justice Denied http://www.gothamgazette.com/130-opinion/7588-new-york-justice-delayed-is-new-york-justice-denied http://www.gothamgazette.com/130-opinion/7588-new-york-justice-delayed-is-new-york-justice-denied govandrewcuomo cjustice

Gov. Cuomo at church (Kevin P. Coughlin/Office of Governor Andrew M. Cuomo)


It has been nearly three years since Kalief Browder tragically ended his own life after being caged, abused, and tortured on Rikers Island. Elected officials promised us that his story would be a turning point and that New York would fundamentally transform a criminal justice system designed to criminalize low-income black and brown New Yorkers and then place a bounty, through the money bail system, on our freedom. With another new state budget now passed in Albany, it is clear state leaders are not going to make good on those promises and New York will continue to keep people locked in cages because they are too poor to pay bail.

I cannot imagine what Kalief must have felt while trapped in a cage, spending much of his time in solitary confinement, facing abuse from the guards and other incarcerated youth -- only there because he could not afford bail. As a young black person, growing up in Brooklyn, I can relate to how Kalief must have felt that night; his future was permanently disrupted. I have been out in my neighborhood, just enjoying myself, or hanging out with friends, only to have the NYPD initiate an interaction that reminds black youth we cannot afford to be care-free when the criminal justice system surveils, restricts, and criminalizes our very existence.

That is why I organize with youth across Brooklyn and New York City to end racist and biased policies and practices throughout the criminal justice system. It is why last week, I traveled three hours to Albany to join civil rights organizations, public defenders, community organizations, and NFL player DeMario Davis (formerly of the New York Jets), to demand New York legislators pass bail reform that will completely eliminate wealth-based detention, significantly reduce the number of New Yorkers caged before their trial, reduce racial disparities, end profiteering in pre-trial services, and does not increase the likelihood that people will be detected, detained or deported by federal Immigration and Customs Enforcement (ICE).

In Governor Cuomo’s State of the State speech he made promises to reshape New York’s bail and pre-trial detention that will “will transform our criminal justice system by removing critical barriers, reaffirming our beliefs in fairness, opportunity and dignity, and continue our historic progress toward a more equal society for all." He did not follow through by passing reforms that would have made positive change.

And, unfortunately, when I studied his proposals, it became clear some parts could actually bring reform in the wrong direction. If passed, the governor’s proposal would increase the number of New Yorkers who are detained before trial without the possibility of release, give prosecutors the power to hold New Yorkers before trial, expand the use of electronic monitoring and house arrests, and pass the costs of pre-trial services on to people awaiting their trial. It isn’t progress if we extend mass incarceration into our homes and communities through ankle bracelets and house arrests and then charge poor people for the cost of their release before trial.

A recent report from the New York Civil Liberties Union found that black New Yorkers are twice as likely as white New Yorkers to spend at least one night in custody on bail, and more than 90,000 New Yorkers spent a day or longer in custody on bail between 2010 and 2014. Kalief Browder was arrested in 2010. Eight years after his arrest and three years after his death, the turning point we were all promised seems farther and farther away.

With Governor Cuomo now celebrating the new budget and the state Legislature on vacation; and as we hit the 50th anniversary of the murder of Dr. Martin Luther King, Jr., we should all remind our elected officials that justice delayed is justice denied.

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Nicshel Samedi is Youth Leader, Make The Road New York. On Twitter @MaketheRoadNY.

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New York Justice Delayed Is New York Justice Denied Tue, 03 Apr 2018 04:00:00 +0000