ALBANY – State lawmakers are reportedly set to give judges more discretion over bail as part of a bitterly fought compromise with Gov. Kathy Hochul.
The Democratic supermajorities in the state Senate and Assembly have agreed to eliminate a controversial bail-reform measure that currently requires judges to impose the “least restrictive” standards to ensure people return to court, City & State reported Monday.
The move would clarify that for eligible offenses, judges are allowed to consider setting bail they deem necessary to ensure a defendant returns to court, after jurists complained about ambiguities in existing state law.
But Hochul lost out on a key proposed change that backers say is necessary to curb crime and thwart violent recidivists.
The tentative agreement would still not allow judges to use a “dangerousness” standard to hold criminal defendants who they believe endanger public safety, despite demands from Republicans and some moderate Democrats.
New York is the only state to not allow that standard to be considered when setting bail.
The tentative deal comes after weeks of prodding by Hochul, with the issue helping to hold up approval of her proposed new state budget.
“There will be changes to [the] bail system to make clear judges have discretion and least restrictive standards will be removed for serious offenses,” a source with knowledge of the negotiations told the outlet. “The governor should be happy.”
Bail and housing have been the top two issues delaying a final agreement on a state spending plan expected to top the $227 billion proposal Hochul unveiled Feb. 1 – a stalemate that could finally end if Democrats get past bail.
The reported deal on bail is in line with comments recently made by state Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) that Albany Democrats were “close to a general agreement” on the touchy topic.
A Stewart-Cousins spokesman Monday referred The Post to her comments when asked whether a bail budget deal had been reached.
Reps for Hochul and Assembly Speaker Carl Heastie (D-Bronx) did not respond to Post requests for comment Monday.
A man was shot in the head Monday afternoon outside the Bronx office of Heastie, a leading foe of bail reform. The motive was unclear.
Changes to the state’s bail laws have faced fierce resistance from progressives, who championed limits on cash bail that were first implemented at the beginning of 2020 to reduce the number of people languishing in places such as Rikers Island as they await their day in court.
But critics have linked the so-called reforms to rising crime in recent years by pointing to a series of incidents where the offender might have been behind bars if it were not for the restrictions.
Republicans have thrown their support behind Hochul’s proposed bail changes in hopes of securing some tweaks while continuing to push for a full repeal.
Their GOP counterparts in the US House staged what turned into a wild hearing Monday in Manhattan to try to discredit pro-bail-reform District Attorney Alvin Bragg, who recently led a criminal indictment against Republican former President Donald Trump.
It remains to be seen whether any bail deal will hold, though, as Hochul, Heastie and Stewart-Cousins continue negotiations on other issues such as funding for the MTA and expanding charter schools in the Big Apple.
Albany Democrats had until Tuesday to reach a final deal, before they passed another budget extender at the last minute Monday to keep the state running and employees paid through April 20.
But some state lawmakers remain pessimistic about anything getting done even by then.
“I use my animal instincts now,” state Senate Minority Leader Robert Ortt (R-Lockport) said. “I’m pretty sure we’re going to be here for most of the week.”