Gov. Kathy Hochul, a moderate Democrat, persuaded others in her party to reconsider recent changes to New York’s bail laws.Credit...Cindy Schultz for The New York TimesBy Luis Ferré-Sadurní and Grace Ashford NY TIMES
Published April 7, 2022Updated April 8, 2022, 12:00 a.m. ET
ALBANY, N.Y. — Faced with rising concerns over crime in an election year, Gov. Kathy Hochul and New York State legislative leaders on Thursday reached agreement on an expansive budget that included measures to strengthen bail restrictions and tighten rules for repeat offenders.
The $220 billion budget would provide hundreds of millions of dollars in relief for New Yorkers grappling with skyrocketing gasoline prices by suspending some taxes at the fuel pump. The spending plan also commits billions of dollars toward affordable child care and includes a substantial taxpayer subsidy for a new Buffalo Bills stadium.
The most contentious negotiations had nothing to do with money but with the governor’s push to include changes to the state’s bail laws in the budget discussions. It was a stumbling block that caused lawmakers to miss the April 1 deadline.
Under the agreement, Ms. Hochul, a moderate Democrat running for her first full term this year, managed to persuade a largely reluctant Democratic-led Legislature to enact changes to a 2019 bail law that barred judges from setting bail for defendants charged with less serious crimes.
The revised law will direct judges to consider new factors — including whether a defendant is accused of seriously harming another person or has a history of gun use — in setting bail.
The changes are a significant win for Ms. Hochul, who faced fierce pushback on her bail proposals from a range of opponents, including fellow Democrats and public defenders. But the governor, in negotiating her first budget, held firm with the more progressive Democratic lawmakers who had strenuously objected to any rollback.
The outcome reflected the latest efforts by Democratic leaders in New York to address voter concerns about public safety ahead of elections in November, when Republicans are expected to perform strongly.
The final budget is 3 percent larger than last year’s, cushioned not only by federal funds but also by stronger-than-expected tax revenues.
It includes ambitious spending increases to expand access to child care by providing subsidies to thousands of families who previously did not qualify. Andrea Stewart-Cousins, the Democratic majority leader in the Senate, said on Thursday that Ms. Hochul had also agreed with lawmakers on additional spending to increase wages for home care workers.
The deal would address many of Ms. Hochul’s priorities, including allowing arrests to be made in certain instances of repeated offenses, lowering the threshold for prosecuting gun trafficking and easing some of the burden prosecutors faced to turn over materials quickly to the defense.
In addition, the package will expand the use of Kendra’s Law, which allows courts to mandate treatment for those who are found to be a danger to themselves or others — a provision that was made partly in response to a spate of violent episodes involving mentally ill people.
Despite some opposition, lawmakers approved the deal Ms. Hochul reached with the Bills to steer $850 million — about $600 million in state funds and $250 million from Erie County — toward the construction of a new $1.4 billion stadium, the largest public subsidy for a stadium in N.F.L. history. She said on Thursday that the state would cover a large part of its share through funds from a settlement agreement with the Seneca Nation over disputed casino revenue.
Ms. Hochul, a Buffalo native, pitched the deal, which would also commit the state to over $250 million in capital and maintenance subsidies over 30 years, as a necessary investment to ensure the team remained in western New York, a move that is likely to help her with upstate voters this year.