Two Albany legislators are using the coronavirus epidemic to try and stem the push to tighten up New York’s controversial bail reform law.
The chairmen of the Assembly and Senate Health Committees penned a joint letter Tuesday urging their colleagues in the Legislature to oppose tinkering with the bail law because of the “massive health threat” to inmates in jails that are potential “breeding grounds” to spread the deadly virus.
“You might ask: Why are the Health Chairs writing on bail reform? We are deeply concerned by the potential health impacts of rolling back bail reform under `normal’ circumstances, let alone during a worldwide epidemic,” Assemblyman Richard Gottfried (D-Manhattan) and Sen. Gustavo Rivera said in the letter.
“With the spread of COVID-19, increased pre-trial detention is a massive health risk not only to those who are in jail but to the families and community to which they return and to the jail and court personnel,” they said.
The duo added, “Jails are uniquely intensive breeding grounds for contagious diseases. Social distancing is virtually impossible in the close quarters of a jail. Hand sanitizer is normally banned as contraband (due to alcohol content) and access to soap, toilet paper, and hand washing facilities is limited.”
The lawmakers are noted that many inmates suffer from chronic health conditions and are susceptible to a viral infection.
The new law requires the release of most defendants charged with misdemeanor or “non-violent” felonies.
But critics – Mayor Bill de Blasio and the NYPD among others – said the law has allowed dangerous defendants with long rap sheets to be released, only to be re-rearrested after being accused of committing additional crimes.
Gov. Andrew Cuomo said that judges should be given the discretion to detain repeat or dangerous offenders. He said revisions to bail reform should be included in the state budget despite the COVID-19 epidemic, though he’s facing resistance from some fellow Democrats, particularly Assembly Speaker Carl Heastie (D-Bronx).