Gotham Gazette https://www.gothamgazette.com/component/tags/tag/52 Tue, 16 Jul 2019 00:53:17 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) For Bail Reform to Work Invest in Communities, Not Prosecutors https://www.gothamgazette.com/130-opinion/8584-for-bail-reform-to-work-invest-in-communities-not-prosecutors https://www.gothamgazette.com/130-opinion/8584-for-bail-reform-to-work-invest-in-communities-not-prosecutors dept corrections commissioner

(photo: William Alatriste/City Council)


We are in a unique moment in history. New York City is embroiled in a process to build new jails -- the aftershock of a grassroots campaign to shut down the human rights catastrophe at Rikers Island. New York State recently passed bail reform, which must be implemented in every county on or before January 1, 2020, and across the country “criminal justice reform” and “ending mass incarceration” have become mainstream conversations -- an unthinkable reality just ten years ago. It’s a moment that carries monumental opportunities and tremendous risks.

For New York City to make the most of this movement, we must reconsider how we think about criminal justice reform and reset the dial towards progress and equity outside the system.

Actions and planning cannot be narrowly focused; instead our elected officials must be prepared to fight for the fundamental needs of the communities from which city jails draw their populations. This must include massive investments -- billions of dollars -- to fund what communities have long been starved for: healthcare, housing, education, and other fundamental resources.

Recently in Manhattan, the Mayor’s Office of Criminal Justice presented at the last of four community board hearings on the city’s new jails plan. Just after, the City Council held its first hearing on the implementation of statewide reforms to bail and discovery rules. Just before, Council Speaker Corey Johnson unveiled his own plans for criminal justice reform in New York City.

Each of these presentations were standard: they focused on prosecutors, public defenders, courts, police, infrastructure, land use, and “off-ramps” for people already caught up in the system. This is typical criminal justice reform rhetoric. But they also mirror “reforms” across the country which have (unwittingly or not) ended up expanding the reach of the carceral system rather than shrinking it.

New York State has reached a tipping point, and could serve as a model for the rest of the country by calling for a dramatic expansion in the scope of what would be required to truly take on “mass incarceration.” We must get away from the old-fashioned notion that crime is a result of moral or personal failures that can be cured one case at at time, instead of a socio-political problem dictated by structural inequality, poverty, race and politics. We must acknowledge and act on the reality that criminal justice reform will never be successful or sustainable when it is siloed off from other crucial social issues that impact our society’s most marginalized.

Jails have long served as the catchall way to manage New York City’s most pressing crises: record homelessness, unmet mental and behavioral health needs, substance use disorders (SUD), joblessness, and poverty. (The same is true across the country.)

In general jail populations are symptoms of failed social policies and the politics of mass incarceration. According to reports, 16% of the daily jail population in New York is people who have been diagnosed with a serious mental illness, and 75% have a substance use disorder. These numbers are similar to incarcerated populations across the country.

New jails cannot address record high homelessness, record high overdose deaths (which remains the leading cause of death in New York City shelters), joblessness, and poverty. Nor can they address the shameful history of racial discrimination and divestment from our communities. Bail reform—which should reduce the jail population—can’t address these issues either if implementation focuses solely on city government’s new legal responsibilities under the law.

At the most recent hearing on the city’s response to statewide reforms, City Council members and the Mayor’s Office of Criminal Justice (MOC-J) both listed as their partners in implementation the local district attorneys, the office of court administration, public defenders, and the police department. Implementation would only be successful, testimony suggested, if millions of dollars were poured into prosecutor offices. But there was no mention of Health + Hospitals, the Department of Health and Mental Hygiene, or the Department of Social Services in this conversation. No one raised the fact that jails operate as one of the city’s largest homeless shelters, and neither the Department of Homeless Services or the Department of Housing Preservation and Development were invited.

The city risks missing the point here. Omitting the fundamental needs of the community means more overdose deaths, homelessness, joblessness, and poverty. It ultimately means, more incarceration and criminalization. As the jail population drops, what resources are we giving directly to communities in order to keep them safe, thriving, and able to manage inevitable conflicts and tensions without relying on a criminal punishment system that has historically failed to resolve any social problem? Why isn’t Steve Banks -- the Department of Social Services commissioner -- leading this work, instead of a thin MOCJ task force?

The city is preparing to spend $8.7 billion to construct four new jails over the next several years as part of a plan to close the Rikers Island complex. That plan does not include ANY investment into marginalized communities impacted by incarceration -- despite research that these investments can credibly decrease incarceration, which is, after all, the city’s stated goal. The City Council’s first stab at bail reform implementation also appears headed towards massive investments into the system, while ignoring community investments.

New York City has a tremendous opportunity to reinvest in communities to help them thrive and to make them safer. To get there, we must expand the scope of this discussion and address the root causes of the social problems that we have tried and failed to address through mass incarceration, policing, and criminalization while stigmatizing generations of our fellow New Yorkers.

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Nick Encalada-Malinowski is the Civil Rights Campaign Director at VOCAL-NY. On Twitter @nwmalinowski.

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For Bail Reform to Work Invest in Communities, Not Prosecutors Tue, 11 Jun 2019 04:00:00 +0000
How to Make New York’s New Criminal Justice Reforms Really Work https://www.gothamgazette.com/130-opinion/8437-how-to-make-new-york-s-new-criminal-justice-reforms-really-work https://www.gothamgazette.com/130-opinion/8437-how-to-make-new-york-s-new-criminal-justice-reforms-really-work flchirlanemccray island

(photo: Michael Appleton/Mayoral Photography Office)


Change swept through Albany as lawmakers passed a suite of reforms aimed at reducing the harms inflicted by the criminal justice system. These changes, which include significant limitations on the use of bail and incarceration, will go a long way towards making our justice system less biased and more responsive to the needs of low-income New Yorkers and, in particular, people of color.

The next challenge that confronts us is how to move beyond simply avoiding harms and toward the creation of a positive vision of what justice should look like. If confinement can have lasting traumatic effects, and criminal records can create lifelong direct and collateral consequences, how should our law enforcement and justice system respond when people break the law? When someone commits a crime, what is the fair result? What makes a just outcome?

The answer to these questions depends upon the crime, of course. But we know that the standard response doesn’t work for victims, communities, or, most certainly, defendants. That’s why it is important to build new responses to the full range of offenses, from minor misbehavior to serious wrongdoing. And that’s exactly what New York City is doing. Three examples:

With the lowest-level crimes, we should try to divert as many people as possible out of the criminal justice system, minimizing the damage that a criminal record or jail can wreak on individuals, their families, and entire communities. But divert them to what?

Prosecutors in Manhattan, the Bronx, and Brooklyn, and the NYPD have an answer with Project Reset. People charged with low-level misdemeanors, such as shoplifting, can participate in a restorative justice group, arts-based workshop, or counseling session. If the participant completes the obligation -- and 98% do -- the district attorney declines to prosecute the case, the case is sealed, and the person never even has to show up to court.

Participants, who overwhelmingly describe the outcomes as fair, are less likely to reoffend when compared with a control group. The net effect is to create a proportionate, meaningful response to minor offending. By increasing the use of tickets instead of holding people in custody after arrest, the new state law opens the door even wider to Project Reset’s measured response to minor offending.

Supervised release -- an alternative to cash bail -- is another way that the justice system has calibrated its response to offending while minimizing negative effects. People held on bail make up a large portion of the Rikers Island population. They also are more likely to accept a conviction as part of a guilty plea than someone released to the public. Supervised release has enabled judges to safely release thousands of defendants to supervision monitored by non-profits, instead of holding them on bail.

Again, the system is finding a way to address a criminal event constructively, without defaulting to confinement, and in the process reducing the likelihood of a criminal record and the lifelong stigma that can follow. Now that New York’s new criminal justice laws will reduce reliance on money bail, supervised release may become an even more important bridge for closing the gap between release and detention when it comes to higher-risk individuals.

Finally, 18- to 24-year-olds make up roughly 25% of the criminal justice population. As we now know from brain science, the prefrontal cortex -- the part of the brain that governs executive function and impulse control -- may not be fully formed until a person’s mid-twenties, meaning that some adolescents and young adults are physiologically more likely to commit crime. While many of these individuals will literally age out of offending as their brains mature, if the system responds with confinement and conviction, their youthful crimes may make it harder for them to complete education, find jobs, and secure housing. So, how should the system respond?

The Brooklyn DA’s office has worked with the court system and defense advocates to provide 18- to 24-year-olds with community-based social services like mental health counseling and job training, instead of traditional punitive responses. Brooklyn’s young adult court, one of the city’s busiest courtrooms, has significantly reduced jail sentences and criminal convictions. And surveyed participants have overwhelmingly described the results as fair. Again, the system is responding with meaningful and constructive outcomes.

Project Reset, supervised release, and Brooklyn’s young adult court are just three of many new efforts to reduce the justice system’s dependence on confinement and redress historic inequities based on race and socioeconomic status, while ensuring public safety. In essence, New York City has begun to eliminate the unacceptable and, at the same time, lay the foundation for a justice system that responds to criminal behavior proportionately, meaningfully, and appropriately, with just outcomes. Albany’s new legislative reforms should enable the city to build on its current progress and further advance a new vision of criminal justice for New York. 

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Adam Mansky is Director, Criminal Justice, at the Center for Court Innovation. On Twitter @urbansdad & @courtinnovation.

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How to Make New York’s New Criminal Justice Reforms Really Work Wed, 10 Apr 2019 04:00:00 +0000
A Closer Look at Albany Democrats’ Compromise on Bail Reform https://www.gothamgazette.com/state/8420-a-closer-look-at-albany-democrats-compromise-on-bail-reform https://www.gothamgazette.com/state/8420-a-closer-look-at-albany-democrats-compromise-on-bail-reform bail sign via zellnor

(photo: @zellnor4ny)


At a Sunday press conference, following his overnight announcement of a $175.5 billion budget deal, Governor Andrew Cuomo heralded a criminal justice reform agreement with the Legislature, and thanked one member of the Assembly in particular. “I want to applaud Assemblymember Latrice Walker who really was very helpful and very constructive, and understood the tensions,” he said of the Brooklyn representative.

Cuomo was referring to the especially contentious issue of bail reform. For weeks he and legislators had debated how far to go in amending a system intended to secure defendants return to court, but which in reality has catalyzed the disproportionate pretrial incarceration of poor black and Hispanic New Yorkers.

Queens Senator and Majority Leader Michael Gianaris managed to collect 25 co-sponsors for his advocate-backed bill to eliminate cash bail entirely, with the option of pretrial detention only for certain violent felonies. Governor Cuomo and Assembly Speaker Carl Heastie also previously pledged to eliminate cash bail this session.

But prosecutors and a faction of Democrats insisted that judges would still need discretion to remand defendants deemed dangerous. What they viewed as crucial for public safety was, to Gianaris and his allies, tantamount to replacing cash bail with a system just as susceptible to racial bias.  

The ultimate compromise -- accompanying reforms intended to speed up trials and boost early defendant access to evidence -- resembles a Walker bill that passed the Assembly last session. It eliminates cash bail for most misdemeanors and nonviolent felonies, ensuring pretrial freedom for what amounted to about 90 percent of 2018 arrests statewide. Conditions on that freedom could include mandatory check-ins or electronic monitoring.

“The consensus among people who care about reform,” Gianaris told Gotham Gazette, “was, let’s take a solution that covers the vast majority of people, rather than risk making it worse for the remainder.”

‘Challenging’ Process
Recent pressure from Cuomo, Long Island Senate Democrats, and the District Attorneys Association of New York (DAASNY) ultimately shifted negotiations towards the Assembly framework, according to legislators and advocates who observed these developments. All three parties -- with Democratic Senator Todd Kaminsky negotiating on behalf of the so-called “Long Island Six” -- called for some amount of judicial discretion to remand people deemed dangerous to a specific person or persons (language that appeared in Cuomo’s original budget proposal).

Fearful that this discretion would encourage more pretrial incarceration -- not less -- Gianaris says that he and Senate co-sponsors began discussing alternatives with Assembly Democrats, led by Walker. Her 2017 legislation had appeased Assembly Democrats who saw bail as an important tool to separate defendants from survivors of domestic violence. At least with bail, she’s argued, defendants still have an avenue -- if they can afford it -- to pretrial release.

“It was challenging,” Walker said in a phone interview, of the negotiations. “Because it has a wonderful ring to be able to say, ‘We eliminated cash bail in NYC.’ And that’s the ultimate goal, but at what price would we have claimed that accomplishment?”

Kaminsky’s office did not respond to multiple requests for comment, but the senator and former federal prosecutor told the New York Law Journal in the midst of negotiations last month that he was “trying to make sure we’re reforming the system while keeping the public safe.”

Cuomo Counsel Alphonso David did not elaborate on the governor’s role in negotiations, telling Gotham Gazette that, ultimately, the dangerousness question “did not have to be addressed at this time.”

“The perfect would've been the whole elimination of bail, but I don't believe in making the perfect the enemy of the good,” Cuomo told WNYC’s Brian Lehrer on Monday, calling the final agreement, “the most historic criminal justice reform in modern history in the state."

Mayor Bill de Blasio, who has endorsed dangerousness considerations in the past, told anchor Errol Louis on Monday’s “Inside City Hall” that he is “obviously thrilled” about the bail agreement, which he predicts will “supercharge” efforts to decrease New York City’s jail population. Numbers have been dropping precipitously for decades -- essential to a city plan to close the Rikers Island jail complex.

Advocates with the FREEnewyork campaign, a coalition of more than 150 grassroots groups that backed the Gianaris bill (carried by Danny O’Donnell in the Assembly), say they are very pleased that this compromise will greatly decrease pre-trial detention. As of September, more than a third of the 8,200 people in New York City jails were held pre-trial on misdemeanors or nonviolent felonies.

The state budget outcome “dodged a lot of bullets,” said JustLeadershipUSA organizer Katie Schaffer, because “there is not any sort of generalized consideration of dangerousness or risk to public safety that could exacerbate racial disparities.”

But there is lingering frustration. With Democratic control in both houses of the Legislature, advocates had been hopeful criminal justice reform would be handled outside of the harried budget process where horse-trading often happens. “It seems obvious that passing significant policy at 3 a.m. on a Sunday morning is not good process,” said VOCAL-NY organizer Nick Encalada-Malinowski.

Lingering Concerns
For defendants charged with sexual assault misdemeanors and most violent felonies, judges will still have the option to set bail, putting poor defendants at a disadvantage. Certain felonies in this category will also be eligible for remand, including witness intimidation and terrorism-related charges.

Last year’s Walker bill would have required an evidentiary hearing for anyone eligible for pretrial detention. Judges would have had to review evidence within days of arrest and “explain themselves a bit” before sending defendants to jail pre-trial, Schaffer explained. Advocates saw this as a useful check, considering many convictions stemming from violent felony arrests -- 31% statewide in 2017 -- are misdemeanors. But these hearings were negotiated out of the budget agreement.

“Given the history of criminal justice reform, it is not a surprise that they chose this middle path that greatly benefits some and excludes others,” said Nicole Triplett, policy counsel at the New York Civil Liberties Union. This split, she said, fails to “fully realize the constitutional promise that every person be treated as innocent until proven guilty.”

The budget bill also requires desk appearance tickets for most misdemeanors and Class E felonies -- including promoting gambling and criminal contempt -- a measure Gianaris says he is proud of (though advocates say they’ll be watching how police officers use their discretion to arrest in some cases).

Gianaris’ bill did not address the question of electronic monitoring, while the adopted budget states that only certain defendants are eligible -- those charged with a felony, domestic violence or sexual assault misdemeanor, or with a recent violent felony conviction. Anyone ordered to wear an ankle monitor cannot bear the cost of that device.

These guidelines, which extend to charges that are not eligible for pretrial detention, are concerning for JoAnne Page, president of the Fortune Society, a nonprofit that offers reentry services. “The fear is electronic monitoring will be utilized excessively and indiscriminately on people – mostly people of color who come from the same low-income neighborhoods in New York City that are disproportionately impacted by the criminal justice system – who never would have been held on bail in the first place,” she warned.

The budget reforms drew sharp criticism from DAASNY President David Soares. “The New York State Legislature, along with Governor Cuomo, has passed the most reckless bail reform statute in the country,” Soares told Gotham Gazette, arguing that prosecutors have lost a key mechanism for removing dangerous defendants from the general public. “Our greatest concern first and foremost is for victims of crime.”

Cuomo, who ultimately insisted that criminal justice reform be addressed in the budget, told reporters this weekend that he plans to return to the bail question -- and outcomes for people charged with violent felonies, specifically. “That's something we're going to continue to work on,” he said Sunday.

Assembly Speaker Carl Heastie also told the New York Law Journal Monday that “we are going to get to the finish line to make it a completely cashless bail system.” Gianaris says that he is still committed to this outcome, as well.

“I think advocates will have to keep these issues very present,” Schaffer predicted. “Because it is very easy for legislators to feel done with an issue, to move on to other issues.”

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by Emma Whitford, Gotham Gazette
@emma_a_whitford

Read more by this writer.

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A Closer Look at Albany Democrats’ Compromise on Bail Reform Thu, 04 Apr 2019 04:00:00 +0000
New York City Needs Real Criminal Justice Reform from Albany https://www.gothamgazette.com/130-opinion/8408-new-york-city-needs-real-criminal-justice-reform-from-albany https://www.gothamgazette.com/130-opinion/8408-new-york-city-needs-real-criminal-justice-reform-from-albany city council rikers jail coreyjohnson

Speaker Johnson, the author (photo: Jeff Reed/City Council)


In New York, you can be locked up based on purported evidence that isn’t even disclosed to you, until a trial that can be postponed indefinitely, unless you are wealthy enough to pay your way out. That is the reality under our state’s antiquated laws governing cash bail, discovery, and speedy trial. With Democrats truly controlling both houses of the state Legislature and the governorship for the first time in decades, we now have a meaningful opportunity to modernize these regressive laws and bring justice to our criminal justice system.

We have made great strides in criminal justice reform in New York City. We have reduced arrests and eliminated prosecutions for low-level offenses that have no impact on public safety. Through bail funds, supervised release programs, and ability-to-pay assessments, we reduced our jail population from over 11,000 in early 2014 to just under 8,000 by the end of 2018. Despite these efforts, every day thousands of New Yorkers charged with a non-violent felony or a misdemeanor await trial on Rikers Island. They have not been found guilty of anything -- they simply cannot afford to pay bail. We need the state to act to end this gross injustice.

Our discovery law compounds the injustice of indefinite detention by forcing people charged with crimes to make crucial decisions about their cases without knowing what evidence the government has or doesn’t have. It allows District Attorneys to withhold even basic evidence, such as police reports, until the eve of trial, a form of institutionally-sanctioned sandbagging. Currently, defense investigators must scramble at the last minute to locate favorable witnesses or secure video evidence that could exonerate someone, but which may be long gone by the time of trial. By hamstringing the defense through New York’s blindfold law, we have turned “innocent until proven guilty” into “guilty until it is too late to prove otherwise so you just give up.”  

Lawmakers in Albany have nothing to fear from discovery reform. New York is one of only four states – the others are South Carolina, Wyoming, and Louisiana – that do not allow a defendant to know anything about the witnesses against them before starting a trial. But we don’t even need to look outside our city to see how progressive discovery practices can work -- for decades the Brooklyn District Attorney's office has committed to open discovery without compromising the safety of witnesses.

Our state’s bail laws are as antiquated as our discovery laws, but our city’s programs designed to reduce the jail population have proven that we don’t need to derail people’s lives by setting cash bail in order to ensure that they return to court. Eighty-eight percent of people released on their own recognizance return to court, as compared to 91% released on bail and 92% placed into supervised release.

We cannot justify spending $250,000 per year to incarcerate someone for a 3% higher chance they come to court, especially with a cheaper alternative that produces better results. Cash bail takes people away from their families, from their jobs, and from their lives, and forces family members to choose between putting food on the table and paying exorbitant fees to a bail bond industry that profits off of their poverty.

Cash bail is nothing more than punishment for the poor. Harvey Weinstein simply paid his way to freedom, while Kalief Browder languished on Rikers for years, because of a system that, as New York Times bestselling author Bryan Stevenson wrote, “treats you better if you’re rich and guilty than if you’re poor and innocent.”

Our speedy trial laws are controlled entirely by the state. Under New York law, there is no right to a speedy trial -- there is only a right to have prosecutors state they are “ready” for trial within 90 days for a misdemeanor and six months for a felony. This framework encourages prosecutors to manipulate the system by using procedural maneuvers to postpone cases when they are not “ready” in order to minimize their speedy trial obligations.

In many instances these three nightmares coalesce: a person can’t make bail, can’t start their trial, and can’t get access to the documents that provide the basis for their prosecution and defense. We continue to do what we can in New York City to right these wrongs. But the truth is that we need the state to act right now to reform its laws and achieve real justice in our criminal justice system.

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Corey Johnson is the Speaker of the New York City Council. On Twitter @NYCSpeakerCoJo.

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

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New York City Needs Real Criminal Justice Reform from Albany Fri, 29 Mar 2019 04:00:00 +0000
Max & Murphy Podcast: The Push for Criminal Justice Reform, with Tina Luongo of Legal Aid Society https://www.gothamgazette.com/state/8355-max-murphy-podcast-criminal-justice-reform-with-tina-luongo-of-legal-aid-society https://www.gothamgazette.com/state/8355-max-murphy-podcast-criminal-justice-reform-with-tina-luongo-of-legal-aid-society mxm logo

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


March 13, 2019 - Max & Murphy Podcast: The Push for Criminal Justice Reform, with Tina Luongo of Legal Aid Society

tina luongo 150With major criminal justice reforms being debated and negotiated in Albany, Tina Luongo of the Legal Aid Society joined the show to discuss the details of bail, speedy trial, and discovery reform that public defenders and other advocates want to see from state government.

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

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by Ben Max, Gotham Gazette
     

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Max & Murphy Podcast: The Push for Criminal Justice Reform, with Tina Luongo of Legal Aid Society Wed, 13 Mar 2019 04:00:00 +0000
New York Democrats on Eliminating Cash Bail: Not If, But How https://www.gothamgazette.com/state/8245-new-york-democrats-on-eliminating-cash-bail-not-when-but-how https://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 If, But How Thu, 31 Jan 2019 05:00:00 +0000
As We Close Rikers, Criminal Justice Reformers are Ready for Full Partnership in Albany https://www.gothamgazette.com/130-opinion/8143-as-we-close-rikers-criminal-justice-reformers-are-ready-for-full-partnership-in-albany https://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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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 https://www.gothamgazette.com/state/8084-assemblymember-walker-sponsor-of-bail-reform-bill-optimistic-about-2019 https://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 https://www.gothamgazette.com/130-opinion/8077-enact-sweeping-criminal-justice-reform-responsibly https://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 https://www.gothamgazette.com/state/8072-max-murphy-podcast-bail-reform-with-assemblymember-latrice-walker https://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