Wellsville Regional News reached out to law enforcement agencies in Allegany County and nearby areas. All responses received indicate an opposition to the law. Printed below are the responses we have received so far. As other agencies respond, we will update this post - so you may want to check back a time or two.
Wellsville Police Department – Chief Tim O’Grady
The Democrat controlled State Legislature and Governor Cuomo
recently made the decision to eliminate cash bail for most crimes committed in
New York State. The reasoning Cuomo gave
for this decision was, “For far too long, our antiquated criminal justice system
has created a two-tier system where outcomes depend purely on economic status —
undermining the bedrock principle that one is innocent until proven
guilty.” What the lawmakers failed to
take into account is the fundamental reason behind bail; to ensure that a
defendant returns for future court appearances.
The Wellsville Police Department’s policies state “Appearance tickets are the preferred method for releasing suspects and directing them to appear in Village court at a designated future time in connection with their alleged commission of a designated offense.” Typically, we issue appearance tickets to defendants after taking into account the seriousness of the crime committed, the defendant’s residency, local community connections, employment, etc. All of which are indicators used to determine whether a defendant will return for future court dates.
As per the Wellsville Police Department policies, officers will have defendants arraigned when “It is likely they may endanger themselves or it is likely they may commit another offense if released, when the arrest was made by the use of an arrest warrant, when the arrest was made for a family domestic offense, when the arresting officer determines that it would be difficult to guarantee the suspects return to court based on their residency (I.e.: more than 2-3 hour drive time, out of state, etc.) and for most felony arrests.” Cuomo and his colleagues allege that there is a disparity in the criminal justice system because lower income defendants cannot afford to post bail while wealthier defendants have the means to do so. Ability to post bail is not an indicator used by Wellsville Officers to determine whether or not a defendant is arraigned, nor should it be. Often there are circumstances when officers arrest defendants that are intoxicated by alcohol or drugs. Typically, in these cases, for the safety of the defendant, the defendant would be released on appearance tickets to a sober third party. Again, for the safety of the defendant, if the defendant could not locate a sober third party they would be arraigned in local court and often remanded to the County Jail in lieu of minimal bail. Now it appears that these individuals will be released with no regard for their personal safety. Frequently, crime victims feel violated when subjected to a crime being committed against them. I believe that there is an expectation that defendant’s will be “locked up” so that they can’t victimize others. This will no longer be the case and unfortunately the police will take the brunt of the blame, not the New State law makers. Unfortunately, the Governor and State Legislators placed the interest of criminals over the interest of society and public safety.
Livingston County Sheriff – Thomas Dougherty
The law change, effective January 1st 2020 concerning bail
reform will have major public safety impacts and I adamantly oppose it. However, my job is to enforce laws, not
litigate so we will do our very best to work within the laws to keep folks
safe. My hope is that common sense
prevails and this unsafe initiative is repealed or revised drastically.
Cuba Police Department – Chief Dustin Burch
You're going to see a large spike in people not going to
court in the first six to nine months of this, then you're going to see our
officers spending numerous hours, numerous days tracking people who have been
bench warranted. The way I understand this reform is for example, robbery in
the third degree, that is a non-violent felony. It is a non-qualifying offense.
So bank robbers will get appearance tickets.
Another example, if I’m understanding the reform correctly,
beginning on Jan. 1, 2020, our judges will no longer be permitted to set any
bail on defendants who are charged with committing a residential burglary. If
apprehended and arrested, the accused will be immediately released back to the
community, regardless of how overwhelming the proof of guilt or how profound
the impact of this release will be on the homeowner. The same applies to those
charged with the possession of large quantities of heroin. A person found in
possession of a pound of fentanyl-laced heroin in their vehicle cannot be
required to post so much as a dollar of bail to ensure their return to court,
even when there is every indication that this person will flee the jurisdiction
with no intention of ever returning.
Even defendants accused of committing certain bank robberies are exempt
from any cash bail.
I have been doing this job for 15 years and I have seen all
types of crimes committed and people walk through the doors of our police
station. I have even sat and ate dinner with them and let them cry on my
shoulder in some cases. I have even seen friends and good people in the
community that we have had to arrest. I have in no way shape or form ever
wanted to see anyone “hung out to dry” but there are many times in which bail
is necessary and now the police and the public will have to deal with the ramifications
of this reform and our inability to utilize bail. I envision our office
receiving many phone calls from angry citizens wondering why they were
released. I even see some people who don’t understand the law begin to place
the blame on law enforcement thinking that we aren’t taking the correct action.
There are so many good people in this world but there are still so many wicked
people also and the wicked flee when no one pursues....
Alfred Police Department – Chief Paul Griffith
Chief Griffith told us recent that his department has two
colleges inside the village, Alfred State and Alfred University. His concern is
that most students do not live in Alfred. He says, once they return home to the
Bronx or Pittsburgh, they are gone. He said his Department currently has 49
outstanding warrants for people who have left the area. It is nearly impossible
to make extensive travels to apprehend these people. 