Bail reform package still flawed, but promising

It’s encouraging to see state Senate Democrats come forward last week with proposed modifications to the controversial bail reform law that liberals and conservatives, criminal rights activists and law-and-order defenders might be able to live with.

The proposal includes eliminating cash bail entirely and restoring limited discretion to judges. Exceptions include crimes that result in the death of another person, certain domestic violence felonies and certain hate crimes. Judges could also take into account a defendant’s past criminal record when determining whether to send the defendant to jail, according to the Senate Majority office.

In addition, defendants would be given a hearing within 48 hours of their arraignment to determine whether they will be released on their own recognizance or ordered held in jail. If the defendant is sent to jail, he or she can request a second hearing.

On the local front, the new reforms are being received with guarded optimism.

“All of those proposals would improve the law,” Columbia County District Attorney Paul Czajka said last week. But Czajka suggested that the reforms don’t go far enough.

The discovery law, which requires all evidence to be turned over to defense attorneys within 15 days, has been extremely difficult, Czajka said. But, to date, no cases have been dismissed because of the law.

The proposed modifications are a step in the right direction, Greene County District Attorney Joseph Stanzione said last week in virtual agreement with Czajka.

“It doesn’t go far enough but it’s better than what we have,” Stanzione said. A key part of the proposal is to restore discretion to judges, he added.

“Judges should have discretion over who goes to jail,” he said. “Upstate judges are very keen on that and are very fair. Most of the problems with bail were reflected downstate.” Like Czajka, Stanzione has said the new discovery rules have “bogged down his office.”

The 15-day window is too narrow, Stanzione said.

“The 15 days is turning us all into clerks instead of attorneys,” he said. “That time period needs to be extended: No less than 45 days. We have not had any cases dismissed because of the new law but we have a lot more work to do.”

This reform package, like its predecessor, is not perfect. But neither was the old bail system in which poor defendants went to jail and defendants with money were allowed to walk out of a courtroom. There is no doubt the new reforms should take discovery rules and judicial discretion into account, which would be a great step forward to reaching the balance the bail system needs.