CARMEL – The state’s bail reform legislation approved last March in Albany that takes effect on January 1 will result in potentially dangerous criminals being allowed back on the street.
The Putnam County Legislature has approved a resolution calling on the state legislature to rescind the measure. “Bail reform will make it impossible for a judge to set bail on a whole host of cases since cash bail will be eliminated for Class E felonies that include assault, aggravated harassment or theft in addition to most misdemeanors. Instead, those charged will receive appearance tickets,” the memorializing resolution read.
District Attorney Robert Tendy is vehemently against the reforms. He gave an example of what could happen as a result. “A defendant had a history of abusing women. He would meet a woman, date her and after dining at a local restaurant the man went crazy by screaming and cursing at her. The defendant then ran to the women’s car, smashed its rear window, poured alcohol into the vehicle and set it on fire before walking away. Under the new discovery laws, I have to give that person all of the contact information as well as names of witnesses while due to the bail reform legislation bail cannot be set on this guy starting January 1, 2020. Here is a situation where an individual is engaged in arson as well as a whole host of violent acts. This is not bail reform. It’s crazy!”
Tendy said he was positive that lawmakers who voted for the reform laws in the middle of the night during the budget process were unaware of the implications involved.
The district attorney gave another example of what will be involved with bail reform.
“A person has a history of drunk driving, runs off the side of the road, hits a father of two and kills him. I can’t set bail on this guy effective January 1. A person with a history of not appearing in court runs down an innocent father of two and can walk. Should that same person run away and breaks into an individual’s home to steal a set of car keys involving burglary, grand larceny as well as leaving a dead man on the road, bail cannot be set. This is the new law. It’s lunacy.”
Tendy said the state district attorneys’ association has been in contact with state lawmakers for months pleading with them that the new laws will only cause serious problems for innocent people.
Tendy switched the topic to drug abusers.
“As a former defense attorney, I represented a 28-year-old drug addict who was selling drugs to support her habit. She was a hopeless heroin addict. I told her parents ‘don’t bail your daughter out! Let her sit in jail for six months to eight months. Her brain would become de-wired. She would get help while incarcerated while being placed in a treatment program upon release’.” Tendy said. “This is done all the time. However, on January 1, that drug addict will receive an appearance ticket when coming before the judge and will wind up back on the street and probably die. This is not bail reform.”
