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The editor is John Ryan at email: perugazette@gmail.com. The Peru Gazette is a free community, education and information website. It is non-commercial and does not accept paid advertising.

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Local Law Enforcement Have Serious Concerns With Bail Reform Law

L-R Sheriff Dave Favro and Assemblyman Bill Jones

Many agencies were represented

By John T. Ryan

Plattsburgh – The New York State’s bail reform that took effect this year has serious implications. At a news conference in Plattsburgh today Assemblyman Billy Jones explained, “I’m trying to make changes because it’s a public safety issue. We don’t want a criminal act that can be avoided.”

Jones’ remarks followed a meeting with local law enforcement officials. While several other states have limited the use of cash bail, New York abolished bail for many crimes and didn’t give judges discretion to hold a person whom they believe may pose a threat to pubic safety. Since January 1st judges are no longer able to set bail for many misdemeanors and nonviolent felonies, including stalking, assault without serious injury, burglary, many drug offenses, some kinds of arson and robbery.

No bail means many fewer defendants are being jailed. Some estimates range as high as 90% fewer. Clinton County Sheriff David Favro told the Gazette, “Today 94 people are in our jail including 24 federal inmates. A year ago we had 262.”

Favro is concerned about his officers’ safety. He stated, “When these people come back for sentencing and know they’re going to jail will they be concealing drugs, have weapons or other contraband?”

Franklin County District Attorney Craig Carriero is encountering another problem. Prior to January 1st prosecutors typically had a 6-month or more discovery period before having to hand evidence over to defense attorneys. Now they have 15 days and they’re required to reveal much more evidence including the names of informants. He commented, “It doesn’t seem like everyone was brought into the room when this legislation was written. There was room for improvement, but the pendulum has swung too far.”

Other law enforcement personnel are having challenges. Assemblyman Billy Jones mentioned New York State’s so-called Green Light Law that took effect in mid-December. It blocks federal immigration and border officials from accessing New York’s Department of Motor Vehicles (DMV) database. They can no longer access data that can be used to help determine whether a vehicle owner has a criminal history or a warrant for their arrest. Jones commented, “It’s a public safety issue, a security issue and I think a national security issue.”

Champlain Border Patrol Agent in Charge Norman Lague said more people attempt illegal entry in this area than at any location on the northern U.S. border. He stated that the Green Light has impacted his organization’s effectiveness in many ways including its ability to target organized crime.

People speaking in the video include Assemblyman Billy Jones, Clinton County Sheriff David Favro, Franklin County District Attorney Craig Carriero, Clinton County Emergency Services Director Eric Day, Franklin County Sheriff Kevin Mulverhill and Border Patrol Agent in Charge Norman Lague.