Thursday, January 23, 2025
Public safety is one of the most pressing concerns for New Yorkers. As we approach the 2025 legislative session, it’s clear that we need thoughtful reforms to restore balance to our justice system and address both the causes and consequences of crime. That’s why I’ve introduced a package of bills to tackle this issue head-on, with the centerpiece being S.5335A, a proposal I carry with Assemblyman Ed Ra that would restore judges’ ability to consider dangerousness when determining whether to set bail or detain a defendant before a trial.
I believe it is the responsibility of lawmakers to constantly assess how their policies are working — or not working — to see if they can be improved. In that regard, I do not take issue with anyone for attempting to improve our bail system, and I agree that no one should be jailed simply because they cannot afford bail. While the 2019 bail reforms aimed to address fairness, however, they went too far by removing judicial discretion to weigh dangerousness, a safeguard used nationwide and prohibited only in New York. This has left communities vulnerable and tied the hands of judges and law enforcement.
Judges are in the best position to evaluate whether someone charged with a crime poses a risk to others. Restoring their ability to factor in public safety is simply common sense. Forty-nine states and the federal government allow for this safeguard, yet here in New York, judges’ hands are tied — even in cases where the danger is obvious. My bill would correct this by giving judges the tools they need to protect communities while still respecting the rights of defendants.
This issue hit close to home earlier this year with a disturbing case on Long Island. Defendants accused of desecrating and concealing human remains were released without bail, and time limits on electronic monitoring left the community feeling unprotected. Incidents like this erode public trust and highlight the need for reform.
This case highlighted another area that needs urgent attention, which is the use of pretrial electronic monitoring. Current restrictions treat electronic monitoring as if it’s the same as being in custody, limiting its use in cases where it could otherwise enhance public safety. My bill, S.8778, would remove onerous restrictions on electronic monitoring, giving law enforcement a critical tool to keep our neighborhoods safe.
Unfortunately, the consequences of our current bail system are not isolated incidents. In a recent attempted jewelry store burglary in Woodbury, five people who are in the U.S. illegally used sophisticated tactics like jamming police radios and alarm systems. They were arrested, but released without bail, because their crimes were not bail-eligible.
Only three reported for tracking devices, which they removed the very next day in New Jersey.
Revisiting New York’s bail laws is vital for accountability, but public safety requires a broader approach. A key issue is the lack of mental health services in jails and prisons, which contributes to recidivism. That’s why I sponsor S.7257, to create a loan-forgiveness program for mental health professionals in correctional facilities. Many individuals cycling through the criminal justice system need more than punishment — they need treatment. By incentivizing licensed professionals to work in correctional facilities, we can provide better care, reduce repeat offenses, and give people the support they need to rebuild their lives.
Public safety shouldn’t be a zero-sum game. We can protect our communities while also ensuring fairness in our justice system. Restoring judicial discretion, improving monitoring options, and strengthening mental health resources are key pieces of a balanced approach that would put the safety and well-being of New Yorkers first.
Our state has been grappling with a broken system for too long. We can’t ignore the voices of families, small-business owners and community leaders who are asking for change.
These bills — S.5335A, S.8778 and S.7257 — are thoughtful, targeted solutions that address real gaps in our system. Together they strike the right balance between justice and safety.
This legislative session is a chance to make real progress. I urge my colleagues to prioritize public safety and pass effective policies that address New Yorkers’ concerns. Let’s equip our communities with the tools they need to feel safe again.
Patricia Canzoneri-Fitzpatrick represents the 9th State Senate District.
