Policy

NY lawmakers argue over crime data in hourslong hearing

There was a fair bit of subtweeting the New York Post.

Commissioner Rossana Rosado shared crime data with state lawmakers.

Commissioner Rossana Rosado shared crime data with state lawmakers. Screengrab, New York State Legislature

Democrats in the Legislature seemed to wish the New York Post had come to testify about crime statistics Monday, instead of the Division of Criminal Justice Services. Yes, the crime coverage of a certain unnamed tabloid was a major topic for the first couple hours of the joint legislative hearing on “Improving Criminal Justice Data Collection and Reporting.”

“Here’s what I don’t understand,” said Assembly Member Jeff Dinowitz, after reading out the rates of people rearrested within six months of pretrial release. “I keep reading in some newspapers that rearrests are skyrocketing – but this data shows the exact opposite. Do you have any idea why –” DCJS Commissioner Rossana Rosado jumped in: “I just want to confirm that this data is available to newspapers as well,” she said (Rosado would know – she used to run El Diario).

State Democrats have always felt that the numbers are on their side when it comes to their bail reform laws. But their case has been muddled by the rising rate of most major crimes in New York in the past couple years. Bail reform isn’t likely to blame though, since crime is up nationally, explained Democratic state Sen. Brad Hoylman-Sigal. But that set up an oddly defensive tone for the hearing, which was really a public effort in defending the state’s bail reform laws from further changes. 

And that tone included some media criticism. 

The rearrest statistics remained stable from 2019 through 2021, Assembly Member Charles Lavine confirmed with Rosado. “Based on the data, yes,” she said. Lavine fired back: “Now, reliable data doesn’t sell tabloids, does it?” he said with a smirk. “I will withdraw that question, I will respectfully withdraw that question.”

The hearing, which included the Codes, Crime and Judiciary Committees from both chambers, represented the first time the Legislature has heard testimony on 2019 criminal justice reforms since the state released data on the impacts of bail reform last year. The marathon hearing, which started shortly after 10 a.m., was still going on well into the late afternoon as lawmakers from both sides of the aisle questioned a series of speakers that included state and New York City officials, prosecutors and criminal justice advocates.

Dinowitz’s criticism of tabloid headlines that can sensationalize standalone crimes represented the heart of the political battle that Democrats are facing, and have been since the implementation of bail and other criminal justice reforms. For many New Yorkers, the perception of crime does not always align with New York City’s and state’s statistical safety. Republicans ran on crime first and foremost in the 2022 midterm elections in New York, picking up four seats in the House. In 2021, Republicans used crime to coast to electoral upsets on Long Island.

Monday’s hearing seemed to do little to change the hearts and minds of lawmakers, and further confirmed the criticisms lobbed by both sides of the debate. Since the first data on the impacts of bail reform in 2020 came out, both supporters and opponents of the reforms have used the data as evidence of their own correctness. Absent comparable datasets from 2019 and years prior, information gathered in 2020 lacked context to draw reliable conclusions about the direct impact that changes to bail had on crime rates among  recidivists, those released pretrial and more generally.

The highly anticipated hearing came as Gov. Kathy Hochul is once again pitching a change to the 2019 bail laws after rollbacks in 2020, 2021 and 2022. The governor proposed as part of her State of the State address giving judges greater discretion to set bail for the most serious crimes by removing a standard in law that requires jurists to impose the “least restrictive” means of ensuring a defendant returns to court. Criminal justice advocates immediately criticized the proposal even as Hochul pledged her support for the original intent of bail reform. 

Neither state Senate Majority Leader Andrea Stewart-Cousins nor Assembly Speaker Carl Heastie would offer an opinion on Hochul’s latest bail change proposal. Both said they want to follow the data and will take appropriate steps if there is a need. Stewart-Cousins specifically said the Monday hearing would offer “context” to have discussions about whether further tweaks are needed.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.