CORONAVIRUS CALLS FOR SUSPENSIONS OF CRIMINAL JUSTICE REFORMS

This is no time for New York’s ‘no bail’ law to be in effect

By Post Editorial Board

New York Post
March 20, 2020

Word is that the Legislature may do some fixes to the “no bail” law in the budget bills it’s rushing through, but Gov. Andrew Cuomo is probably still going to need to use his emergency powers to suspend some of these rules.

Police are already stressed by the need to enforce restrictions on travel and crowding in groceries and other essential stores. This is the wrong time for any presumption that almost everyone arrested will be released, despite repeated offenses.

And prosecutors shouldn’t face anything like the new time frames for handing evidence and witness names over to the defense.

As it is, courts have slowed to a crawl — with trials on hold, grand juries not meeting and sentencing paused. Rules requiring speedy trials and grand-jury action within a week of an arrest need to be suspended — or even defendants accused of serious felonies will get sprung. Prosecutors just can’t reliably be ready for trial within six months of a suspect’s arraignment, either.

Mind you, the epidemic does justify some early releases from prison as well as jail — if careful discretion is used. Close conditions are a particular danger to older prisoners, who should be first in line for mercy (as long as they have a place to go).

But in this most unusual of crises, public safety has to be the top priority.

EDITOR’S NOTE: Public safety also has to be the top priority of probation and parole. I’ll bet that all parole officer field visits have been suspended (if there ever were any) until the end of the corona crisis.