Borrello’s Bill Seeks To Restore Judicial Discretion, End Criminal Revolving Door

Image by Justin Gould/WNYNewsNow.

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ALBANY – A Senate Bill sponsored by State Senator George Borrello would restore judicial discretion and help end the revolving door of repeat criminals.

In an interview with WNYNewsNow, Borrello said the bill, which is now in committee, will allow judges the discretion they had prior to when the new bail reform laws took hold Jan. 1.

“It’s restoring judicial discretion so they (judges) can determine if someone is a flight risk or a danger to others or themselves,” Borrello said.

Currently, judges do not have the discretion to set bail for someone they deem a danger.

“Judges do not have the discretion to hold someone who is a danger to themselves or others,” Borrello said. He said it naturally applies that someone who is a public danger is also very likely a flight risk.

While he expects Republican support for the bill, he is not sure what Democrats in the State Senate will do.

“I don’ know if the Democrats will get on board because politically they are so at the mercy of the radical special interest groups,” Borrello said. “We have lawlessness in our streets. Now, after seeing what we predicted would happen (recidivism), I would hope they would agree with us.”

Borrello, touting that bail reform would benefit poor people and not give an advantage to wealthy suspects, was the wrong approach.

“By taking away judges’ discretion, it doesn’t matter if you are rich or poor, everybody gets out,” he said.

Also part of his proposed reforms is a monitor and review system to speed up trials so accused people don’t spend longer in jail awaiting trial than they should.


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