Wide range of criminal justice measures debated in Albany

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New York state lawmakers, facing the final month of the legislative session, are considering a wide range of measures aimed at addressing the state’s criminal justice and public safety laws as the voters continue to rank crime as one of their top priorities.

The measures are mixed: Supporters hope a bill to seal many criminal records is gaining momentum in the state Assembly, while Democrats are also calling for provisions to address theft and assaults on retail workers.

And Republicans, meanwhile, are calling for even more changes to the state’s bail law after the budget included provisions to allow judges more discretion when setting bail on serious criminal charges.

For top Democrats in the Legislature like Senate Majority Leader Andrea Stewart-Cousins, the often contentious issue can be a balancing act.

“We want justice in our criminal justice system, we certainly want justice for victims of crime, and we would like to create an environment of justice for everyone involved,” he said Tuesday.

Underscoring the push, the Democratic-led state Senate on Tuesday approved a package of bills aimed at addressing domestic violence in New York.

Advocates rallied Tuesday for the bill to seal criminal records as negotiations are expected to begin this month on the measure known to supporters as the Clean Slate Act.

That included Ismael Diaz Jr., who served nine and a half years in prison after an altercation he was involved in left another person dead. Diaz has finished his college degree, but has had trouble holding down a job since he got out of prison.

“It becomes another sentence, like a silent sentence,” he said. “You don’t even want to go look for a job. It’s a mental challenge.”

The measure has yet to get a vote in the state Assembly, although Speaker Carl Heastie said last week that the bill could be considered on June 8, when lawmakers leave Albany for the rest of the ‘year.

“This is a public safety bill because it reduces recidivism,” said Rep. Chris Burdick. “It’s a public safety bill because they’re going to become productive members of society, they’re going to be reunited with their families.”

But Republican critics of the legislation worry that the provision raises too many safety questions.

“These are too many serious crimes that will be sealed,” said Rep. Michael Fitzpatrick, R-Long Island. “I don’t think this improves public safety at all.”

Instead, Fitzpatrick believes state officials should do more to address the police, both for recruitment and retention.

“I think we need to start being more aggressive — supporting the police, increasing funding for the police,” he said. “We need to recruit more police.”

Democrats have also called for additional measures aimed at increasing penalties for retail theft.

“Right now, they’re not afraid of being shot down without high penalties,” said Sen. Jessica Scarcella-Spanton. “Hopefully, if we increase the penalties, they’ll think twice before going into these local stores.”

She supports a measure that would make an assault on a store owner or retail worker an assault on essential workers like livery drivers and utility workers.

“They were considered essential during the pandemic, so we must do everything we can to protect them in their workplace,” he said.



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