Gotham Gazette https://www.gothamgazette.com/component/tags/tag/360 Thu, 22 Apr 2021 22:25:20 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) Mass New York Voter Enfranchisement Awaits a Stroke of the Governor’s Pen https://www.gothamgazette.com/130-opinion/9957-new-york-automatic-voter-registration-bill-governor-cuomo-sign https://www.gothamgazette.com/130-opinion/9957-new-york-automatic-voter-registration-bill-governor-cuomo-sign stu voter reg

Voters would have less hassle registering under AVR (photo: Michael Appleton/Mayor's Office)


Following the widespread problems in the execution of this year’s elections, it’s clear we need to transform New York’s voting systems from top to bottom. From restoring confidence in the Board of Elections to reducing long lines and wait times counting ballots, lawmakers must take action now to prevent another disaster the next time New Yorkers vote. Thankfully, there is one important fix that can be done immediately: enacting the Automatic Voter Registration legislation that passed the Legislature and is currently awaiting Governor Cuomo’s signature.

There’s no question that 2020 has been an extraordinary year for democracy – and the COVID-19 pandemic presented serious challenges for election administration across the country and here in New York. And while there were record shattering levels of enthusiasm among voters this year, our state continues to fall short. According to a Kaiser Family Foundation report, New York ranks 45th in the nation for registered voters as a percentage of the population. Indeed, there are up to 1 million New Yorkers who are eligible to vote, but remain unregistered.

The best way to ensure that we never have to let the burdens of the registration process lead to low turnout and other complications at the polls is to enact Automatic Voter Registration.

Automatic Voter Registration (AVR) is a simple, secure, and straightforward tool that will immediately increase New York’s abysmal registration rates. Through AVR, eligible voters become automatically registered when they engage with government agencies like the Department of Labor, Department of Motor Vehicles, or a Medicaid enrollment office, provided they do not opt out. The AVR system would then securely transmit the voter’s registration information from those agencies to the State Board of Elections. Had this policy been in effect in 2020, eligible unenrolled New Yorkers filing for jobless claims with the Department of Labor could have been added to the voter rolls automatically. 

New York’s democracy problems pre-date the coronavirus. In 2018, New York ranked 42nd in the nation in voter turnout, and experts believe that this one simple reform is a key to reversing our shockingly low level of electoral engagement. Sixteen states and the District of Columbia have passed AVR, including New Jersey, Massachusetts, and Vermont just across our borders. Many of these states tore down obstacles to voter participation with bipartisan legislative majorities or through ballot measures that decisively won with broad support from the public.

The lessons from Oregon are particularly instructive. Since it became the first state in the country to implement Automatic Voter Registration, Oregon’s voter registration rates quadrupled at DMV locations across the state. Indeed, over 90% of eligible voters are now registered. Not only are these newly-registered individuals on the voter rolls, they are actually voting as well. A report found that 44% of these previously unregistered individuals voted in the elections following AVR implementation. And in 2018, Oregon far exceeded the national turnout average with one of the highest rates in the country. 

Unquestionably, last year was a banner year for voting reforms in New York State. With full Democratic control of the Legislature in Albany, it was the first time in memory that laws were passed to make voting more accessible to New Yorkers. The bottlenecked backlog of reforms that included early voting, pre-registration of 16 and 17-year-olds, consolidation of primary dates, and flexibility to change party affiliation helped transform New York away from its status as a state with some of the most arcane and restrictive voting policies.

However, despite this progress, there is still unfinished business as the election made abundantly clear. And AVR is at the top of that list.

We have an opportunity to modernize our state’s broken election system with one of the most popular and common-sense reforms available, one that will enhance registration in particular for underrepresented populations that are too often missed. We simply can’t afford to wait any longer, it’s time for Governor Cuomo to sign Automatic Voter Registration into law now.

*** 
State Senator Michael Gianaris (D-Queens) and Assemblymember Latrice Walker (D-Brooklyn) are the lead sponsors of the Automatic Voter Registration bill. On Twitter @SenGianaris and @TheRealLatriceW.

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Mass New York Voter Enfranchisement Awaits a Stroke of the Governor’s Pen Wed, 02 Dec 2020 05:00:00 +0000
New York Must Address Racist State Violence from Policing to Jails and Prisons https://www.gothamgazette.com/130-opinion/9615-new-york-must-address-racist-state-violence-policing-jails-prisons https://www.gothamgazette.com/130-opinion/9615-new-york-must-address-racist-state-violence-policing-jails-prisons must address jails

A rally to end solitary confinement (photo: John McCarten/City Council)


On April 14, 60-year-old Leonard Carter died of COVID-19 while incarcerated at Queensboro Correctional Facility. He had already been granted parole and, after a quarter century behind bars, was just weeks from his release date. He was the brother of one of us writing to demand change here today.

While public attention has focused on the brutality of police in Black communities, that is just the front end of a system designed to control, dehumanize, and brutalize Black people. Calls to defund the police and dismantle systems of white supremacy must be expanded to include the institutions whose role is to criminalize, cage, and brutalize Black bodies, from prosecutors to the Department of Corrections and Community Supervision.

As a formerly incarcerated Black activist, a Black New York State Assemblymember representing Brownsville, Brooklyn, and the sister of a Black man who died of COVID-19 behind bars, we know that racist state violence pervades not just policing, but courthouses, jails, and prisons, too.

The anti-Black violence of our criminal legal system is not located in some far away city or state. Here in New York, Black people are more likely to have money bail set and be jailed before trial. We are more likely to be coerced into plea deals that include jail time. We are more likely to be incarcerated on a technical violation of parole or probation. We are more likely to be subject to the torture of solitary confinement. While only 18% of New Yorkers are Black, we represent 48% of people in state prison and 57% of people in solitary. During the height of the COVID-19 pandemic, 80% of people who died of coronavirus behind bars were people of color. 

Earlier this month, New York’s Legislature repealed 50-a, a state law that had been used to shield police misconduct records from public view. This was a culmination of a years-long campaign led by families of people killed by the NYPD and a critical step towards greater police accountability and transparency.  

But it was simply a first step. To achieve justice for Black people, we must fundamentally shift resources away from policing and systems of criminalization and towards the community investments that truly keep us safe: education, affordable housing, quality health-care, youth programs. At the same time, we must center the voices of marginalized Black people: Black undocumented people, Black incarcerated people, Black trans people.

The Legislature must not lose sight of the devastation wrought on Black New Yorkers by the full system of mass criminalization and state violence. In our fight to defend Black lives, we must repeal the “walking while trans ban” to protect Black and brown trans women from harassment by the police. We must pass the Protect Our Courts Act -- passed by the Assembly on Monday and awaiting Senate action -- to codify a recent court ruling protecting Black and brown immigrants from the terror of ICE arrests in and around courthouses. We must pass the HALT Solitary Confinement Act to end this torture behind bars. And we must pass Elder Parole and Fair and Timely Parole to end death-by-incarceration of Black elders. 

While we mourn with those who knew and loved George Floyd, Breonna Taylor, Tony McDade, and Ahmaud Arbery, we also mourn the death of Cynthia’s brother Leonard Carter. We mourn the deaths of Kalief Browder, Layleen Polanco, Lulu Benson-Seay, Benjamin Smalls, Dante Taylor, Valerie Gaiter, Samuel Harrell, and all those who have died at the hands of racist state violence, often behind jail or prison walls. In their names, we commit to the struggle to dismantle the carceral state and build the power of our communities. We call on the New York Legislature to do the same.

***
Assemblymember Latrice Walker represents Brooklyn’s 55th District. Marvin Mayfield is a New York State Organizer at Center for Community Alternatives. Cynthia Carter-Young is a lifelong Brooklynite and the sister of Leonard Carter.

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

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New York Must Address Racist State Violence from Policing to Jails and Prisons Tue, 21 Jul 2020 04:00:00 +0000
State Senate Set to Move Automatic Registration Amid Early 2020 Voting Package https://www.gothamgazette.com/state/9037-senate-to-move-automatic-voter-registration-early-voting-2020-election-package https://www.gothamgazette.com/state/9037-senate-to-move-automatic-voter-registration-early-voting-2020-election-package and cuomo westchester kc office

(photo: Kevin P. Coughlin/Office of Governor Andrew M. Cuomo)


State lawmakers are poised to make a second attempt at launching the process to legalize automatic voter registration for eligible New Yorkers who interact with certain government agencies.

Mirroring the auspicious beginning of the 2019 session, which in the first weeks saw a historic spate of voting reforms passed by the new two-house Democratic majority, lawmakers say another package of election bills, including automatic voter registration (AVR), is likely to pass the State Senate as soon as Thursday, with an Assembly companion in the near future.

“We’re starting [Thursday] with a package of bills expanding on voter rights,” Senator Liz Krueger said Wednesday afternoon on the Max & Murphy podcast. “We did a whole package on improving access to voting and voter rights last year...we have more bills that we intend to pass relating to expanded access to voting and improvements in early voting.”

“We’ll be passing 9 or 10 bills,” Krueger said, “making sure that we have a system for automatic voter registration” and a variety of changes to early voting laws, including “exempting public schools from being early voting locations” given the burdens it can place on school facilities.

A press release from Governor Andrew Cuomo’s office outlining his 2020 agenda, sent just after his State of the State speech Wednesday, expressed support for automatic voter registration, claiming that it will improve registration and turnout rates and making additional commitments to make the program accessible through the internet. “We will ensure that all automatic voter registration opportunities are available online and we will enable New Yorkers to simply apply to register to vote on the State Board of Elections website if they choose to do so,” the press release said.

Voting reformers in New York have sought some form of automated voter registration for years but were stymied by a divided Legislature, particularly the Republican-controlled Senate majority. The Democratic takeover of the Senate won in 2019 allowed the chamber to pass an “opt-out” AVR system, where applications for services at designated state and local agencies -- like the Department of Motor Vehicles or the Department of Health -- would be integrated with voter registration forms, unless the service-seeker affirmatively declines to register.

Days before the end of the 2019 session, the Assembly, also controlled by Democrats, pulled its version of the bill due to an error in the language that meant people attempting to opt-out might be inadvertently opting in. In a joint statement in June, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie, promised to revisit the legislation in the next session.

“Due to a significant technical issue with the Automatic Voter Registration Act (S6457A /A8280A) that would have impacted the intent of the legislation, the Senate Majority will recall the bill and introduce a corrected version. We will pass this updated bill at the next available opportunity when we are in legislative session,” the statement read.

“It’s very simple. It was just a typographical error that provided the opposite instruction of what should have been in terms of how a form should have been filled out,” explained Deputy Majority Leader Michael Gianaris, a Queens Democrat and the bill’s Senate sponsor, in an interview Tuesday.

“We did make a commitment to pass it at the first available opportunity in the next session, this upcoming session,” he added. “Now you are hearing that we are true to our word and are, in fact, passing it.”

Legislative leaders were quick to tell the public that postponing the legislation until 2020 would not have an effect on its implementation date. “This action will not impact the implementation of this corrected legislation because, like the original legislation, it does not go into effect until 2021,” wrote Stewart-Cousins and Heastie in the June statement. However, the language of the bill provides a range of when it can go into effect, depending on when the State Board of Elections establishes the infrastructure to implement it, with a deadline of two years after it becomes law. If the bill passes both houses of the Legislature this year and is not signed by the governor until the end-of-the-year deadline, AVR may not be implemented until December 2022, after the next statewide election.

Reformers believe automating registration and other voting changes will make it easier to participate in elections, especially for people who have been historically disengaged from the democratic process. Combining agency service applications with voter registration forms means individuals will have to provide the necessary personal information -- like name and address -- only once. Under an “opt-out” system, service recipients have to take affirmative action only when they are choosing not to register to vote or when they want to be affiliated with a particular political party for the purposes of voting in a primary -- all of which will be possible on the integrated form.

The government agency that interfaces with a potential voter is responsible for submitting the registration form to the State Board of Elections, which then transmits the form to local election administrators.

During debates over the bill, immigration advocates and critics alike expressed concern that an AVR system would capture people ineligible to vote, endangering people with precarious immigration statuses and enabling voter fraud. Those concerns were compounded when the state passed the Green Light law, which allows undocumented immigrants to apply for driver’s licenses and took effect toward the end of last year.

Lawmakers responded to those concerns in the original legislation by including safe harbor language that outlines a presumption of innocence for someone who fails to opt-out, even if they are ineligible to vote. The legislation also affirms that registering to vote automatically does not constitute a claim to citizenship, which could otherwise jeopardize an immigrant’s legal status.

“People who are not citizens should not be registering to vote, and we want to make sure the law does not accidentally create that scenario,” Gianaris said.

As Krueger said, the State Senate plans to pass a host of other voting reforms Thursday, a number of which build on the state’s new early voting system established in 2019, as first reported by NY1’s Zack Fink and the New York Daily News. The Assembly is expected to consider the package in the near future, according to the Daily News.

“The Senate Democratic Majority will rollout legislation empowering more New Yorkers to take advantage of early voting opportunities and exercise their Constitutional right to vote,” reads a Wednesday advisory, previewing a Thursday morning press conference to be led by Senate Majority Leader Andrea Stewart-Cousins, just before the Senate holds its second day of 2020 session. “These bills build on the historic voting reforms passed under the Senate Democratic Majority during the 2019 Legislative Session.”

A spokesperson for the Assembly sponsor of AVR said discussions in that chamber are happening. “Assemblywoman Walker is meeting with Assembly leadership regarding AVR and we are eagerly awaiting [its] passage,” wrote a spokesperson for Assembly Member Latrice Walker, a Brooklyn Democrat who is carrying the bill in the Assembly, in an email. Speaker Carl Heastie’s office did not respond to a request for comment.

The package the Senate appears poised to pass, possibly with the Assembly following suit, also includes changes to authorize counties to set up portable early voting sites, meaning local boards of elections may set up additional polling locations to serve hard-to-reach areas for a shorter span within the early voting period. Other bills expected to pass the Senate Thursday deal with the criteria for siting early voting locations, including one that bars the use of public schools -- a source of conflict during the first year of implementation. Others would require more public notice about elections and college campuses to have designated polling places.

“New York ranks among the bottom states in voter participation and our majority has made a concerted effort to go from among the worst to among the first in the country,” said Gianaris. “That’s why we did early voting, we’re moving towards same-day registration, we’re moving towards making it easier to vote by mail, and AVR is an important plank in a democracy agenda that is going to make it easier for more people to participate in the process.”

***
by Ethan Geringer-Sameth, reporter, Gotham Gazette
     

Read more by this writer.

Ben Max contributed to this story.

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State Senate Set to Move Automatic Registration Amid Early 2020 Voting Package Wed, 08 Jan 2020 05:00:00 +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.”

***
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 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.”

***
by Emma Whitford, Gotham Gazette
@emma_a_whitford

Read more by this writer.

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New York Democrats on Eliminating Cash Bail: Not If, But How Thu, 31 Jan 2019 05:00:00 +0000
10 Candidates Qualify for First TV Debate in Public Advocate Special Election https://www.gothamgazette.com/city/8237-11-candidates-qualify-for-first-debate-in-public-advocate-special-election https://www.gothamgazette.com/city/8237-11-candidates-qualify-for-first-debate-in-public-advocate-special-election 12 pub advjan

(l-r) Melissa Mark-viverito, Ydanis Rodriguez, Dawn Smalls, Jumaane Williams Rafael Espinal; Danny O'Donnell, Michael Blake, Erich Ulrich, Nomiki Konst, Ron Kim


Update: This article and its headline have been updated to clarify that 10, not 11, candidates officially qualified for the first televised debate of the race. The original version of this article included Assemblymember Latrice Walker, who appeared to have crossed the financial threshold but was ruled not to have by the Campaign Finance Board after its review of her filings.

It’s going to be a crowded stage -- but not as crowded as it might have been.

Ten of the 20 remaining candidates in the special election for New York City Public Advocate have officially qualified for the first of two televised debates in the race, scheduled for February 6. Candidates had till last week, when the latest campaign finance filing was due with the city Campaign Finance Board, to raise and spend at least $56,938. The citywide election is February 26.

The ten candidates are former City Council Speaker Melissa Mark-Viverito, Assemblymember Michael Blake, attorney Dawn Smalls, City Council Member Jumaane Williams, Assemblymember Ron Kim, City Council Member Rafael Espinal, City Council Member Ydanis Rodriguez, City Council Member Eric Ulrich, Assemblymember Daniel O’Donnell, and activist Nomiki Konst.

campaign finance 19 pub adv

Mark-Viverito leads the pack in funds raised, with $346,000, though about half of that was transferred in from her prior campaign account, and spent $166,000 (which, notably, is just $4,000 short of the financial threshold for the second “leading contenders” debate on February 20). All of the ten candidates are participating in the CFB’s public matching funds program, which is meant to incentivize campaigns to raise money from small-dollar donors, though there are two systems within the program they must choose from.

Candidates can opt in to one of two models -- the old model that matches contributions up to $175 at a 6-to-1 ratio or the new model, which gives 8-to-1 matches for donations up to $250. Both are at play in this special election and others through the 2021 city cycle, after which the new model takes over completely. That model was passed by voters after being recommended by Mayor Bill de Blasio’s 2018 charter revision commission, and the City Council recently passed legislation to apply it to this year’s public advocate races (the special election and subsequent fall election).

Mark-Viverito is the only one sticking with the old system while the other nine candidates opted in to the new one, which also comes with lower contribution limits overall. When the City Council passed legislation to allow the new system into the special election, Mark-Viverito indicated a belief that the Council members running and others in the body were acting in order to hurt her chances of winning. Some responded with confusion or indignation, pointing to the fact that the new system seeks to reward small-dollar fundraising and remove the influence of larger donors.

To qualify for public funds for the public advocate special election, the candidates have to meet a dual threshold, raising at least $62,500 from a minimum of 500 contributors. Initial numbers indicate that, of the 10 candidates who have raised enough to get into the debate, Rodriguez and Konst are the only two that don’t seem to have met the public funds threshold yet. The first round of public funds will be disbursed on Wednesday. First, the city Board of Elections will meet on Tuesday for a hearing to rule on several challenges to candidates’ ballot petitions and therefore finalize the February 26 ballot -- there is therefore a chance that not all ten candidates who have qualified for the debate will be on stage, as some do have petition challenges against them.

Both the February 6 and 20 debates will be broadcast by Spectrum News NY1, and will be freely accessible on its website and Facebook page. It will also be livestreamed on NYC Life, the city-run media channel. The debate sponsors include Politico New York, Citizens Union, the League of Women Voters, the Latino Leadership Institute, Borough of Manhattan Community College, NAACP New York State Conference Metropolitan Council, and Delta Sigma Theta Sorority, Inc., East Kings County Alumnae Chapter.

The special election is occurring because former Public Advocate Letitia James was elected Attorney General and vacated the seat. The winner is only guaranteed the position through the end of this year, while the fall election will determine who holds it for 2020 and 2021, the next city election cycle.

[READ: Everything You Need to Know About the Special Election for Public Advocate]

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by Samar Khurshid, senior reporter, Gotham Gazette
     

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10 Candidates Qualify for First TV Debate in Public Advocate Special Election Mon, 28 Jan 2019 05:00:00 +0000
Everything You Need to Know About the Special Election for Public Advocate https://www.gothamgazette.com/city/8175-everything-you-need-to-know-about-the-public-advocate-special-election https://www.gothamgazette.com/city/8175-everything-you-need-to-know-about-the-public-advocate-special-election ballot tish

Tish James voting (photo via Gotham Gazette)


Updated as of January 29.

In February, New Yorkers will have the opportunity to cast a ballot for a new public advocate in the first-ever special election for a citywide office. The current vacancy was created when the most recent officeholder, Letitia James, was officially sworn in as the state’s attorney general, a position she won in the November general election.

The public advocate is the people’s representative, a watchdog and ombudsperson, with a post that has little direct influence over city policy but a strong bully pulpit from which proposals can be made, grievances can be amplified, and the mayor and the rest of local government can be held to account. The office is charged with hearing complaints from New Yorkers about city services and can investigate the work of city agencies though with limited ability to enforce reforms. The office holder can also introduce legislation in the City Council but cannot cast a vote.

The special election to fill one of just three popularly-elected citywide positions has a crowded field and a short timeline. Here’s what you need to know.

When is the election?
Mayor Bill de Blasio officially proclaimed on January 2 that the election would be held on Tuesday, February 26.

Who is running?
There are 23 candidates who filed petition signatures with the New York City Board of Elections to get on the ballot, but not all of them will qualify. Once the mayor signed the city proclamation, the many candidates had 12 days to collect the 3,750 petition signatures they needed to get on the ballot. Signatures can come from any registered voter in the city, and many candidates pursued far more than the minimum required in order to protect themselves from challenges of invalid signatures.

Special elections in New York are nonpartisan -- no candidate can run on an existing party line like that of the Democratic or Republican Party -- and each candidate has created their own ballot line that is not supposed to resemble another political party’s name. Another quirk in the system is that ballot position is decided by the order in which petition signatures are submitted, which made the mad scramble to get on the ballot that much more frantic.  

The number of candidates, even in a narrowed field, could test the limits of modern ballot design since half a dozen sitting and former New York City Council members, several State Assembly members, and a number of activists and others outside of government are running. They include former City Council Speaker Melissa Mark-Viverito, who submitted her petition signatures first and will likely be at the top of the ballot; sitting City Council Members Jumaane Williams, Rafael Espinal, Ydanis Rodriguez, and Eric Ulrich, the lone Republican office-holder in the race; Assemblymembers Michael Blake, Latrice Walker, Ron Kim, and Daniel O’Donnell; activist and journalist Nomiki Konst; Columbia University professor David Eisenbach, who ran against James in the 2017 Democratic primary for public advocate; attorney Dawn Smalls; and entrepreneur Benjamin Yee, among others.

The actual field will become much clearer once petition challenges have been ruled on by the Board of Elections on January 29 -- eight candidates are being challenged -- whereby candidates can have their ballot access denied due to faulty petitions. Candidates often file suit to get other candidates kicked off on technicalities -- something as small as a missing cover sheet on a petition can ensure that a candidate does not qualify.

How much campaign cash can they raise and spend?
Along with his announcement of the date of the special election, the mayor also signed into law a bill sponsored by Council Member Ben Kallos that immediately puts into effect new campaign finance regulations that were approved by voters through a ballot referendum in November.

The new rules allow candidates to choose between two tiers of participation in the city’s public matching funds program, administered by the New York City Campaign Finance Board, which monitors campaign fundraising and spending. The program currently gives participating candidates a 6-to-1 match for the first $175 of every campaign contribution. Those who choose to abide by these old rules would be limited to a maximum campaign donation of $2,550, and can receive a maximum of $2.5 million in public funds.

The second, new tier allows candidates to opt for a $1,000 contribution limit and receive an 8-to-1 match in public funds for the first $250 of each contribution, allowing them to receive up to $3.4 million in public funds. To receive public funds, a candidate would have to meet the dual threshold of raising a total of $62,500 from at least 500 individual contributors.

Those that choose to participate in the public funds program will have to abide by a $4.5 million spending limit, though any candidate is unlikely to reach that astronomical number in just seven weeks. They will also have to complete a mandatory campaign finance training at the CFB.

The first campaign finance disclosure deadline passed on January 15, with several candidates showing strong fundraising numbers. The following disclosure deadline is January 25, and there are others into February.

Will the candidates debate?
Many of the candidates have already appeared and are regularly appearing at a series of public forums and debates organized by advocacy groups, political clubs, and others to lay out their platforms and positions on specific policies. But there will also be two official debates organized by the CFB. The first debate will be held February 6 and the second one is scheduled for February 20. Both will be broadcast by Spectrum News NY1, and livestreamed on NY1's website and Facebook page. 

To qualify for the first debate, candidates will have to raise and spend at least $56,938 by January 21, the campaign finance disclosure deadline just prior to the debate. The second debate, for “leading contenders” will have greater thresholds -- candidates will have to raise and spend $170,813 by February 11, and must be endorsed by a state, local or federal elected official representing New York City, or by a membership organization with 250 members living in the city. The sponsors of the debates include Politico New York, Citizens Union, the League of Women Voters, the Latino Leadership Institute, Borough of Manhattan Community College, NAACP New York State Conference Metropolitan Council, and Delta Sigma Theta Sorority, Inc., East Kings County Alumnae Chapter.

Ten candidates qualified for the first debate.

Unlike in the past, the debates will also be simulcast by the city-run NYC Life, making them freely and publicly accessible, as mandated by a law passed last year.

What will the election cost?
The New York City Board of Elections estimates that the special election will set the city back at least $15 million, a price that is nearly five times the actual annual budget of the public advocate’s office.

But, unlike a regular citywide election, there will be no costly runoff if a candidate does not meet a certain threshold. The candidate with the most votes wins, even if a large field means the winner takes a small percentage of the vote.

Who can vote and who will vote?
Every registered voter in the city can vote in the special election but turnout is likely to be low, though it is hard to predict since the city has never held a citywide special election before. New voter registration applications sent by mail must be postmarked no later than February 1 but the BOE will accept in-person applications till 5 pm on February 16. 

In City Council special elections, turnout tends to be severely depressed owing to several factors -- a lack of awareness of the election, an election date outside of the expected September-November window, voter apathy.

In the 2017 election, when James was reelected to a second term, a total of 1.1 million New Yorkers voted for public advocate, only about 22 percent of the total registered voters in the city at that time.

Who will win?
Who knows. But, we do know that the winner of the special election will, if he or she wants to keep the office, have to run for reelection in the fall. By city law, there will be a typical set of primary and general elections in September and November to decide the public advocate for the rest of the current four-year term, which runs through the end of 2021. The winner of the special election will only be guaranteed the office through the end of this year.

Democratic and/or Republican primaries will be held as needed in September before a November general election. There could also be a run-off if there is a crowded primary or general election field and no candidate earns 40 percent of the vote initially. In 2013, James won the Democratic nomination in a primary run-off before easily winning the general election.

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by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

Note: This article has been updated to include the voter registration deadlines for the special election and other information.

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Everything You Need to Know About the Special Election for Public Advocate Thu, 03 Jan 2019 05:00:00 +0000
Declared and Exploring Candidates for New York City Public Advocate https://www.gothamgazette.com/city/8136-declared-or-exploring-candidates-for-new-york-city-public-advocate https://www.gothamgazette.com/city/8136-declared-or-exploring-candidates-for-new-york-city-public-advocate 10 candidates

(l-r) Tish James, Ydanis Rodriguez, Melissa Mark-viverito, Jumaane Williams, Latrice Walker
Rafael Espinal, Danny O'Donnell, Michael Blake, Erich Ulrich, Ron Kim


There are roughly two dozen candidates who have officially declared or indicated they are exploring a run in the February special election for New York City Public Advocate, which will take place Tuesday, February 26.

Attorney General-elect Letitia James officially vacates the office of New York City Public Advocate on January 1, setting off the next steps of the process, whereby Mayor Bill de Blasio will officially call what will be the first citywide special election since the current city governmental structure was designed in 1989.

Candidates have already been hitting the forum and debate circuit, with groups and voters across the city eager to hear from those seeking to become of just three popularly-elected citywide officials. The Public Advocate is significantly less powerful than the Mayor or the Comptroller, but has a citywide perch, important responsibilities as a watchdog and ombudsperson, the power to introduce legislation and file litigation, and a bully pulpit. People who have held the position in its relatively short history have been elected mayor (Bill de Blasio) or almost so (Mark Green), and now attorney general.

It won’t be completely clear who is fully running to become the next Public Advocate until candidates collect signatures to get on the ballot and file their fundraising numbers with the Campaign Finance Board. Special elections in the city are “nonpartisan,” meaning there are no party primaries and candidates cannot run on the major party ballot lines. Each candidate will create their own party label to run on, and they’ll need to collect 3,750 valid signatures from registered voters of any party (or none) to make the ballot.

Declared and exploring candidates include several current and former elected officials and a variety of other individuals looking to pull off a surprise win. With the prospect of well more than ten candidates on the ballot and low voter turnout virtually a given, the winner of the special election could be anyone who finds the right formula for the necessary thousands of voters.

The winner of the special election will quickly have to win a regular election, though, since city law dictates that for such a vacancy, there is not only a special election but then a regular election, with party primaries if needed, the following fall. So, there will be an election for Public Advocate in November, with September party primaries if necessary, in the fall of 2019.

Below is a running list of candidates, either declared or exploring, for the Public Advocate special election (in alphabetical order):

-Manny Alicandro is an attorney who recently sought the Republican nomination for attorney general. @Manny_Alicandro

-Assemblymember Michael Blake represents part of the Bronx and is also a vice chair of the Democratic National Committee. @MrMikeBlake

-Theo Chino is a bitcoin entrepreneur and county committee member. @theochino

-Daniel Christmann is a radio host. @EcallerTh

-David Eisenbach is a professor of history at Columbia University, who unsuccessfully challenged Tish James in the 2017 Democratic primary for Public Advocate. @Eisenbach4NY

-City Council Member Rafael Espinal represents part of Brooklyn. @RLEspinal

-Peter Gleason is an attorney and former police officer and firefighter, who once represented the infamous “Soccer Mom Madam.” @PeterGleasonEsq

-Gwen Goodwin is a community activist and past candidate for City Council.

-Tony Herbert is a community activist who was a candidate for Public Advocate in 2017. @herbert4nyc

-Ifeoma Ike is an attorney and co-founder of consultancy Think Rubix, LLC. @IfyWorks

-Walter Iwachiw is a perennial Republican candidate for various offices, such as mayor, state Assembly, CUNY Student Senator, and even U.S. president.

-Assemblymember Ron Kim represents parts of Queens. @rontkim

-Nomiki Konst is a journalist, activist, and member of the Democratic National Committee. @NomikiKonst

-Abbey Laurel-Smith @The46thPOTUS_

-Danniel Maio is a former candidate for state Assembly.

-Melissa Mark-Viverito is former Speaker of the City Council who helped lead the Latino Victory Fund after being term-limited out of office at the end of 2017. @MMViverito

-Assemblymember Daniel O’Donnell represents part of Manhattan. @DannyforNYC

-Jared Rich is an attorney from Brooklyn. @JaredRichNYC

-City Council Member Ydanis Rodriguez represents part of Manhattan. @ydanis

-Ralph Schweizer is a Bronx activist. @RealRalphNYC

-Diane Signorile is a real estate broker from Staten Island. @kittydat2

-Curtis Sliwa is a radio host. @CurtisSliwa

-Nancy Sliwa is an attorney and real estate broker who ran for attorney general this year on the Reform Party line. @SLIWA4NYAG

-Dawn Smalls is an attorney who previously worked in the Obama and Clinton administrations. @DawnSmalls2

-John Tabacco is the New York State Reform Party secretary. @HTBExperts

-City Council Member Eric Ulrich represents part of Queens. @eric_ulrich

-Assemblymember Latrice Walker represents part of Brooklyn. @WalkerForNYC

-City Council Member Jumaane Williams represents part of Brooklyn. @JumaaneWilliams

-Ben Yee is a technology entrepreneur, member of the Democratic state committee, and secretary for the Manhattan Democratic Party. @yben

-Mike Zumbluskas is the former chair of the Manhattan Independence Party. @MikeZumbluskas

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by Ben Max, Gotham Gazette
     

Read more by this writer.

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Declared and Exploring Candidates for New York City Public Advocate Tue, 11 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
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