There is nothing more important than public safety. However, this year in Albany a pro-criminal platform moved forward, including measures hidden in the state budget to change the state’s bail code (A.2009-C). Setting bail is an important tool used by our judicial branch to deter and punish criminals, and taking that power away from judges undermines the separation of powers outlined in our constitution.

I voted “NO” and urged my colleagues to do the same. Since the changes were enacted, law enforcement, judges, public safety advocates and New Yorkers across our state have expressed their outrage and concern.

Unfortunately, the legislation passed takes that choice out of the hands of judges and removes bail requirements for many serious offenses, including certain homicide and manslaughter charges, grand larceny in the first degree, various criminal possession laws – including crimes that happen on school grounds or involving children, drug felonies, predatory sex crimes involving children and aggravated animal cruelty charges.

For example, if someone is arrested for aggravated assault upon a person less than 11 years old, they can will get an appearance ticket. If someone is charged with torturing animals, using a child to commit a controlled substance offense, selling a controlled substance to a child, or laundering money for terrorists, they too can leave as soon as they are processed. Convicted sex offenders who fail to register can simply re-enter society even though there is staggering evidence that shows they may act again.

As your elected state Assemblyman, entrusted with ensuring public safety, I have to say that I am very concerned that these measures were passed, as well as the fact that the governor and legislative leaders hid these details in a very large omnibus budget bill that was negotiated in secret, behind closed doors. Wide-sweeping policies and non-fiscal legislation have no place in our state budget, and I will continue fighting to reform the broken and secretive state budget process.

Now, I will continue fighting to correct these dangerous changes and give judges back this crucial tool. I’m working across the aisle with like-minded, concerned colleagues on legislation that would give judges additional discretion in determining whether a criminal defendant should be held in custody or required to post bail (A.8502).

I am also co-sponsoring legislation that will repeal the enacted changes as they relate to Level A felony drug offenses because there have been widespread concerns by law enforcement, prosecutors and judges that the changes will hamper their ability to build thorough cases against major drug traffickers if they are simply allowed to freely leave jail pre-trail without bail (A.7409). This is especially concerning as our state continues to tackle the opioid crisis. If we are truly serious about getting drugs off our streets, out of our schools and away from our neighborhoods, we should not be making it easier for criminals.

Please know I am continuing to advocate for you. As always, I welcome your feedback and invite you to sign up for my e-newsletter. To sign up, simply email me at norrism@nyassembly.gov.