Let’s stay focused on the state of law and order in New York
From NY State Senator Tom O’Mara
Last week in this column I highlighted potential changes that could be on the way to one of the most disastrous policies to come out of Albany over the past several years, the “Humane Alternatives to Solitary Confinement Act,” better known as the HALT Act, that has left New York’s correctional system in crisis.
ICYMI O’Mara’s column last week: Tom O’Mara: “Will Albany finally act to make changes to HALT?” – THE WELLSVILLE SUN
Another policy that’s had a similar impact on law and order in this state is one set in motion in 2019 under then-Governor Andrew Cuomo and an all-Democrat Legislature when they enacted far-reaching bail and discovery law reforms. Their so-called reforms have turned criminal justice upside down and have been roundly criticized as a failure. They’ve had an alarming impact on crime victims and public safety.
While I agree that changes for fairness to the accused were warranted, the 2019 policies went too far the other way and have proven unworkable. They have resulted in thousands upon thousands of criminal cases being dismissed in some prosecutors’ offices. The impact on crime victims has been unimaginable. The consequences for community safety and security have been equally destructive.
In May 2023, shortly after shepherding through the enactment of a state budget that paid lip service to the need to end New York’s failed No Bail experiment, Governor Hochul declared, “We are done with bail. We accomplished what we needed to do.”
Except that we never have done anything meaningful to fix an exceedingly dangerous law, one that continues to put local law enforcement and local communities at risk. Albany Democrat policies have been pro-criminal and not pro-victim — not by any stretch of the imagination.
It’s the reason many of us are now pushing what’s known as the PROTECT Act (S2282) introduced by my Finger Lakes legislative colleague, Senator Pam Helming, and which I cosponsor and strongly support. This legislation has been developed with direct input from sheriffs, district attorneys, and other law enforcement leaders, as well as community faith leaders. It would provide judges with a tool to evaluate whether violent offenders should be held pretrial or released. Additionally, the PROTECT Act recognizes the ongoing mental health crisis in this state and would allow courts to order proper evaluation and treatment for individuals who pose an immediate risk to themselves or others.
It’s a straightforward measure that we believe would have a dramatic impact to strengthen safety and security in this state and finally begin turning around an approach to law and order that has been careless — and clueless. Albany Democrat bail and discovery reform remains the law of the land and a public policy that just keeps waiting for the next victim. The criminals in this society know it. They know that Albany Democrats have their back. An overriding policy of no consequences for far too many bad actors remains in place and innocent, hard-working, law-abiding, responsible New Yorkers remain at risk because of it.
The PROTECT Act would begin to change it. It would create a judicial risk-assessment tool to help judges determine whether individuals charged with violent crimes should be kept behind bars awaiting trial.
Senate Minority Leader Rob Ortt recently said, “Albany Democrats would rather handcuff our judges instead of criminals and this has resulted in more dangerous individuals in the community instead of in jail…It’s time my colleagues in the Capitol wake up to the realization their policies have failed and we must prioritize public safety – the PROTECT Act is the first step to restoring sanity to our communities.”
“We have accomplished what we needed to do,” Governor Hochul proclaimed in May 2023. New Yorkers and New York law enforcement, throughout the state, have begged to disagree.
In the most recent statewide poll conducted by the Siena Research Institute, more than half of New Yorkers, nearly 55%, are very or somewhat concerned that they could be a victim of crime.
Law enforcement is behind the PROTECT Act.
One of the most outspoken critics of the current policies, Monroe County Sheriff Todd Baxter, recently said, “The PROTECT Act would establish a dangerousness standard, similar to what exists in every other state and at the federal level; a clear and consistent law that protects both victims and the accused.”
He zeroes in on the key point. New York remains the only state in America not allowing courts to consider public safety when making pretrial custody decisions. It makes no sense. It ignores the rights of victims. It disregards overall public safety.
The PROTECT Act would change it.
Read Bob Confer’s recent COLUMN on making the PROTECT Act NYS Law:
