Hochul wants to address ‘inconsistency’ in New York’s bail law, doesn’t support qualified immunity repeal

ALBANY — Gov. Hochul is hoping the third time’s the charm when it comes to tweaking New York’s bail laws as she floats changes that would grant judges more leeway when detaining people pre-trial.

The governor expanded on her willingness to once again amend the state’s cashless bail system on Tuesday as she pointed to “inconsistencies” that she said stem from changes made in last year’s state budget.

“What we’re talking about now, which is a thoughtful common sense approach, is that in serious crimes ... the judge should have more discretion and be able to consider more factors than simply whether or not the individual is likely to return to court when they’re required to,” Hochul said following a tour of the Capital Region Crime Analysis Center in Albany.

The state’s bail laws have been a lightning rod of political controversy since the Democratic-led Legislature approved an overhaul in 2019 that limited pretrial detention for most nonviolent crimes and ordered judges to only impose the “least restrictive” means of ensuring defendants return for court.

The law was amended in 2020 to make more offenses bail-eligible, such as criminally negligent homicide and manslaughter, and tweaked again last year to allow judges to consider previous offenses and whether a gun was involved or an order of protection was violated when setting bail.

Republicans and moderate Democrats, including Mayor Adams, have blamed cashless bail for spikes in violent crime and called for granting judges more discretion despite little evidence linking the two.

In her State of the State address earlier this month, Hochul said she wants to eliminate the so-called “least restrictive” standard for serious crimes. The proposal comes after the governor initially said late last year she wanted to wait for more data to analyze how the changes made last year impacted recidivism.

On Tuesday, Hochul said the most recent tweaks have led to confusion and inconsistency.

“All I’m trying to do right now is remedy that inconsistency that exists in law,” the governor said. “We are looking at the factors that judges should consider with respect to serious crimes,” she said. “I think that’s the proper balance.”

The proposal could potentially put Hochul on a collision course with progressive members of her own party on the heels of a public split over her nomination of Hector LaSalle to be the chief judge of the Court of Appeals.

Hochul’s fellow Dems in the Senate voted down LaSalle following a committee hearing last week and the governor is weighing taking legal action to force a full floor vote in the chamber.

The governor’s comments come a day after Republican lawmakers unveiled their own priorities for the legislative session, including calling for a full repeal of cashless bail.

A Siena College poll released Monday found that 93% of New Yorkers consider crime a serious problem in the state.

Hochul also indicated Tuesday she would not support a bill repealing qualified immunity for police officers. The measure seeks to strip police officers of legal protections shielding them from lawsuits over certain alleged civil rights violations.

At first, the governor said she would “not give a straight answer” on the issue before adding that she doesn’t “support the repeal of that, no.”

“What I do support is stopping the denigration of people who take an oath to protect society,” Hochul said. “Again, they cross the line, you make an example because communities need to know they can trust law enforcement to not cross that line, that’s important to me.”