Sources: New York Legislature working on changes to bail reform laws

New York state lawmakers appear ready to change bail reform laws

NEW YORK -- Facing a budget deadline of midnight Thursday, state lawmakers appear ready to do something that they said only last week was unthinkable -- change the bail reform laws.

Sources told CBS2's Marcia Kramer that somehow, some way reluctant lawmakers have come up with a number of proposed changes to the laws that certainly don't go all the way to meeting the overhaul sought by Gov. Kathy Hochul and Mayor Eric Adams, but if they pass it it will allow both to claim they have new tools in fighting crime.

The problem is there are still a lot of unhappy people.

Both victims rights advocates and the Legal Aid Society that represent people accused of crimes are at odds with the bail reform deal now on the table in Albany.   

"It's extremely political. They're nervous that their jobs are on the line," said Jennifer Harrison of the group Voting Rights New York.

"This is to, you know, fix a political problem, you know, for the governor, who wants to be elected for the elected [officials] who want to keep seats," added Marie Ndiaye of the Legal Aid Society.

READ MOREA conversation on bail reform: What's at stake and the data behind what's really going on

One says the changes don't go far enough, while the other says they go too far. But for lawmakers who initially didn't want to do anything at all, it represents a major about face.

It incorporates some aspects of the 10-point plan unveiled by Hochul, who is under tremendous pressure from the New York City business community and the mayor. They argue that public safety is important for the economic recovery of the city.

READ MOREA conversation on bail reform: Law enforcement experts sound off on what's at stake

The potential compromise would allow judges to set cash bail for repeat offenders who have been given multiple desk appearance tickets, and for certain gun crimes. It does not allow judges to consider "dangerousness," something sought by both the governor and mayor.

Sources also told Kramer the deal is also expected to include increased funding for mental health treatment and increased funding for pretrial, diversion and employment programs.

The head of the Legal Aid Society's de-carceration program said change isn't necessary and it will end up victimizing Black and brown New Yorkers

"If these changes go into effect, the next person to die on Rikers Island is going to be somebody who was there on petit larceny," Ndiaye said.

READ MOREA look at the history of New York's bail reform law with Bronx DA Darcel Clark

Victims rights advocates are most upset that judges still can't consider dangerousness in setting bail.

"It's complete ignorance. They're playing Russian roulette with peoples' lives and judges need to be able to consider dangerousness, mental health, substance abuse issues and detain dangerous criminals before they kill somebody," Harrison said.

There are still a lot of unhappy campers in Albany. Brooklyn Assemblywomen Latrice Walker is now in her 10th day of a hunger strike to try and prevent change, and on Thursday evening Hochul seemed to concede the Legislature will not meet the midnight deadline, saying she's having "productive conversations."

The last Kramer heard lawmakers were hoping to announce a framework on Friday and actually begin passing budget bills on Sunday.

But it's Albany, so you never know.

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