Assembly Minority Leader Will Barclay (R,C,I,Ref-Pulaski), Senate Minority Leader John J. Flanagan (R-Suffolk County), along with members of both Conferences and law-enforcement officials rallied in the New York State Capitol to call for a repeal of the new, poorly-executed criminal justice reforms that have proven dangerous and ineffective.

After repeated calls to address the changes and concerns went unanswered, lawmakers gathered on the Million Dollar Staircase with prosecutors and members of the law-enforcement community who are dealing firsthand with the fallout from these ill-conceived laws.

“These laws were misrepresented by their supporters and the enormous shortcomings of the so-called ‘reforms’ are impossible to ignore,” said Leader Barclay. “These laws are allowing dangerous individuals to be arrested, get released and go right back to committing crimes, sometimes within hours. We rallied here today to make sure our resolve and commitment to fixing this egregious public safety crisis are clearly understood.”

The reforms were portrayed as a way to bring economic equality to the judicial system by easing bail restrictions for low-level, non-violent offenders. However, in practice, they have emboldened criminals and put New Yorkers in danger.

“Marie Osai. Nicole Jennings. Jonathan Flores-Maldonado. These names are among the dozens upon dozens of New Yorkers victimized by senseless bail reform. We warned them when they said they would do this. We warned them when we were debating it and passed it anyway. We even warned them before the laws had a chance to take effect. Yet despite a widespread bipartisan backlash, they refuse to listen to the Assembly and Senate Minority, law enforcement, prosecutors, victims or the public and repeal bail reform now. Now, there are countless victims stripped of their right to justice while criminals continue to reap the benefits of this disastrous policy,” said Senate Minority Leader Flanagan.

For months prior to the implementation, law-enforcement professionals, judges, district attorneys and members of the Minority Conferences warned state officials of the enormous challenges, unintended consequences and public safety threats of these laws. Beyond the obvious problems related to the elimination of bail for certain arrests, changes to pre-trial discovery procedures have been shown to be unworkable, expensive and harmful to the judicial system.

Assemblyman Joseph M. Giglio (R,C,I-Gowanda) said those who have compared these changes to ones made in other states, like New Jersey, are either ignoring the huge differences in the way they were implemented or, worse, are misstating the facts.

To give this public safety matter the due diligence it deserves, Assembly Minority members and staff met with district attorneys, law enforcement officials and magistrates to take a critical look at what can, and should, be done to ensure access to a fair justice system while ensuring law-abiding New Yorkers are safe, and that victims’ rights are at the forefront of the discussion. As a result, the Assembly Minority Conference has issued a report, “Criminal Justice Reform: Addressing the Issues with Bail and Discovery Reforms,” to provide an overview of the reforms that were passed in 2019, the perceived problems with the new laws and solutions that should have been considered in a more deliberate process.

“New Jersey spent three years studying how their laws would impact the public. They allocated funding and offered training to ensure they didn’t end up like us, with dangerous individuals abusing the law,” said Assemblyman Giglio, the ranking Minority member on the Assembly Committee on Correction. “What’s worse, New York State’s own Office of Court Administration warned against these very changes well before they were rushed into implementation. This is a mess and has had red flags all over it from day one.”

“Over the past month, it has become clear that these so-called reforms go too far and jeopardize the safety of communities across the state. Individuals charged with serious crimes, including some previously convicted of violent offenses, have been allowed to return to the streets to commit more crimes and create new victims. It is time to repeal these changes and start over ensuring public safety is our first priority,” said Sen. Patrick M. Gallivan.

“One month into 2020 we are seeing the reality of this criminal justice reform legislation. The news is reporting daily with stories of repeat offenders and crimes of opportunity. Now is the time for us to come to the table and figure out how to get this right,” said Rensselaer County District Attorney Mary Pat Donnelly. “If done correctly, criminal justice reform can protect the rights of the accused and maintain public safety for all New Yorkers. That is our goal.”

“Our law-enforcement brothers and sisters are at the heart of the criminal justice and no discussion about the laws of the state can take place without their input. Victims and their families are the most vulnerable members of our communities and are also at the heart of the criminal justice system,” said David M. Hoovler, president of the District Attorneys Association of the State of New York and Orange County District Attorney. “It is high time that we really listen to law enforcement and victims if we want to make sure these reforms work for all New Yorkers.”

“I was concerned about bail reform and what it would bring. We feared that it would bring danger to the communities, and that’s exactly what has happened,” said Washington County Sheriff Jeffrey J. Murphy. “There are literally too many cases to keep track of, though we’re certainly trying. We simply want safe communities and that’s the cornerstone of our careers. I appreciate everyone asking us to come here today … We simply ask that we can sit down with the majority leaders and we can come up with a solution that’s fair—fair to the defendants and fair to the public.”

“All of us that are here today understand that there’s some long standing inequities throughout our criminal justice system. There are a disproportionate number of poor individuals and minorities in jail and prison in New York and throughout the nation. But, I am here to say that bail reform, in its current form, will not solve our problem ... I believe it is hurting the poor minorities and crime victims and negatively impacting the quality of life of New Yorkers,” said Suffolk County Sheriff Dr. Errol D. Toulon Jr. “Bail reform must be amended immediately to give judges the discretion to determine whether bail is appropriate or not. Bail must be amended to ensure that dangerous repeat offenders are not released from court back into the homes and communities where there’s a potential for re-harming victims and witnesses in the community.”

“Standing behind me, are my brothers and sisters in blue. We all get up every day with one mission, to keep our communities safe. That is why we are here with a plea for public safety,” said Chief Patrick D. Phelan, president of the NYS Association of Chiefs of Police. “New Yorkers all have one thing in common, we just want to be safe. They deserve that and we are willing to provide that safety for them. We are asking that the New York State Legislature give us a fighting chance.”