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New York State Democratic Party chairman Jay Jacobs is siding with Mayor Eric Adams over Gov. Kathy Hochul and legislative leaders by calling for a fix to the controversial bail reform law.
Jacobs, who is also the Nassau County Democratic leader, told The Post he agrees with Adams that judges should be given the discretion to detain pre-trial suspects who were previously convicted of serious or violent crimes — the so-called “dangerous” standard currently missing from the state’s bail law.
“I do think there needs to be tweaks to the bail law,” Jacobs said.
“I favor giving more discretion to judges in cases especially where the defendant has a background of committing serious or violent crimes. To me, that’s common sense.”
New York changed its bail law first in 2019, and then amended it a year later, by barring judges from setting bail for most misdemeanors and non-violent felonies.
Jabob’s call for judicial discretion for defendants with violent histories puts him at odds with Hochul, as well as Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie, who last week said they opposed changes to the bail law, claiming there’s no proof to justify amendments.
“I will absolutely stand behind the fundamental premise on why we needed bail reform in the first place,” Hochul said last week.
“If reforms are needed based on data that is still being gathered, I’m willing to have those conversations, so I don’t feel just because people, for political reasons, want me to give an answer, that’s not how I operate. I don’t cave to pressure. I do what’s right based on all the facts that come before me.”
A spokesperson on Sunday referred The Post to comments Hochul made last week that indicate she hasn’t closed the door on tweaking bail reform.
“As I’ve said from the beginning, there’s opportunities to have these conversations with the Mayor, as well as with the legislature as the session unfolds on any reforms that are recommended,” the governor said.
Heastie said sarcastically, “Can we stop blaming bail reform when the sun comes out?”
Meanwhile, state Sen. Diane Savino (D-SI/Brooklyn), who was at the funeral mass of Detective Jason Rivera on Friday, said his widow’s riveting eulogy will impact public opinion and therefore pressure the Democratic-run legislature to pass pro-safety legislation.
“Although you won’t be here anymore, I want you to live through me. This system continues to fail us. We are not safe anymore, not even the members of the service,” widow Dominique Luzuriaga told mourners at St. Patrick’s Cathedral as they gave her a standing ovation.
“I know you were tired of these laws, especially the ones from the new DA,” she continued, referring to Manhattan District Attorney Alvin Bragg, who unveiled progressive new policies that critics have slammed as being too soft on crime. “I hope he’s watching you speak through me right now.”
“There’s going to be some course correction because people want something done about the increase in crime,” Savino said.
She said the bail law is a “confusing mess and suggested, “eliminate cash bail entirely and put in something that gives judges discretion.”
She also supports Adams call for a change in the Raise the Age law, which treats defendants ages 16 and 17 accused of crimes as juveniles to be processed through family court instead of criminal court.
“Gun charges shouldn’t go to Family Court,” Savino said, parroting Adams’ position.
A veteran Albany insider said Jacobs’ support for giving judges more discretion in bail decisions will provide cover for other mainstream Democratics to publicly back pro-safety amendments to the bail law — and for Hochul to seek a compromise.
The source said it’s unlikely that Jacobs would go public on such a sensitive issue without running it by the governor.
Jacobs, who was appointed the state party leader by former Gov. Andrew Cuomo, was one of the first Democrats to support Hochul’s election to a full term.
One of Hochul’s rivals in the Democratic primary, Long Island Rep. Tom Suozzi, also supports Mayor Adams’ position on bail reform and has rapped Hochul for her failure to do so.
As it happens, several Democratic state senators from Long Island also told The Post they support more judicial discretion to detain defendants with a prior history of committing violent crimes — so they don’t commit more while out on release.
“I am very supportive of the Mayor’s recommendations to amend the state’s bail law. I have long believed — and as a prosecutor in the federal criminal justice system practiced this way — that allowing judges to take a defendant’s dangerousness into account when determining bail is logical and appropriate,” said Sen. Todd Kaminsky (D-Nassau).
“New York is one of only a few states that inexplicably do not permit this and it is time for change. I am confident we can craft a system that adds a dangerousness standard but that is also fair and transparent. I look forward to working with both the Mayor and my colleagues in Albany to make these essential changes.”
Kaminsky, a former corruption prosecutor in the US Attorney’s Office in Brooklyn, lost his bid to become the Nassau DA last year after his Republican opponent and now DA Anne Donnelly attacked him for voting for bail reform that eliminated cash bail and detention for most crimes.
Long Island Democratic State Sen. Jim Gaughran said, “I have always favored giving judges more discretion. We also need to deal with addiction and mental health and related issues and address the root causes of crime.”
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