I will start this commentary by thanking our state Sen. George Borrello, for his fight to protect the citizens of New York and especially those of us here in Chautauqua County by working to reform the recently enacted “bail reform” mandate. But he is not alone, our Chautauqua County Sheriff Jim Quattrone, Erie County Sheriff Timothy Howard, judges and police chiefs across the state have joined him in this effort.

It is easy to lose track of some of the more important happenings in our own back yards with all of the noise that is being made in Washington, Albany and even in our little city and village halls, but the effects of this bail reform law has the potential to disrupt the way we live our lives; that being feeling safe in our own homes.

Although I do not know nor fully understand all of the various guidelines one must apply when releasing an otherwise incarcerated individual on “bail,” I can state unequivocally that the idea of those who have been found guilty of some misdemeanors, nonviolent felonies and even some violent felonies can be released with, in some cases, nothing more than electronic monitoring and travel restrictions.

A striking difference with this new “bail reform” is that neither evidence against the individual nor the probability of conviction can be considered by the judge. Under this new law, crimes that don’t involve a weapon such as second-degree manslaughter even if someone is killed or dies in the process may not require bail. In fact, there are indeed some violent felonies that allow the defendant to be automatically released — without bail!

Read carefully here! According to the new mandate, if someone breaks into your home but does not harm you and is unarmed, that individual may be automatically released. I find that just a little bit disconcerting. If there is a second person helping the first person accused of second-degree robbery and no weapon is displayed and there is no physical harm, guess what — chances are that they will most probably be released without bail! Makes one want to have locks and bolts on the doors and two large Dobermans roaming the outside perimeter of their home.

When we look at the impact the new law has on domestic violence not much has changed except that electronic monitoring can be imposed as a nonmonetary condition.

If there is no longer monetary bail required for ensuring compliance for the perpetrator to return to court for sentencing, is there no danger posed to society by their release — where is their incentive to honor their warrant to return and what about their opportunity to commit another crime? This makes no sense and even causes one to wonder what the legislators who wrote this law were thinking.

This is not a time for political ideologies, or even argue about racial or social biases — I am talking about reasonableness and safety. The many sensational news stories and fear mongering that have taken place are not necessary either. But what I do believe is important is the fact that since the state Bail Reform mandates took place this year life as we have known it has become just a bit more dangerous. While Chautauqua County Public Defender, Ned Barone, says he is disturbed by, “fear mongering” and that it is too soon to determine if bail reform is working, our sheriff, state senator, police chiefs, judges and law-abiding citizens have their own concerns.

Statistics from the NYPD show that January was the worst in the past five years for serious crime. The report states, “Statewide, there has been a flood of news reports of dangerous defendants being released and then re-offending within days, sometimes — within hours of leaving court.” Closer to home, the report shows that Jamestown had 107 defendants who were released under bail reform who failed to show up for their court appearances. Police Chief Snellings reported that in January alone there were an additional 119 bench warrants issued for those who missed their court dates — up by 69 for the same time last year.

According to Senator Patrick M. Gallivan, 59th Senate District, “The bail reforms imposed earlier this year jeopardize the safety of law-abiding citizens by prohibiting judges from using their professional discretion when deciding whether to release a potentially dangerous individual. I recognize the need for responsible criminal justice reform, but these changes go too far. We need to listen to law enforcement, prosecutors, crime victims and others to ensure we are protecting the safety of our communities. It is time to repeal these changes and start over, ensuring public safety is the first consideration.”

Throwing the baby out with the bath water is not the answer, but some prudence and a willingness to give this law a second look is needed. Judges have had their hands tied by this Bail Reform mandate, and our families, homes, businesses, streets and lives are in jeopardy.

Let’s listen to those who are on the front lines of this issue, the police officers, sheriffs and judges; and let’s listen to those fighting for all of us; that includes the law abiders and those who find themselves outside of the law. And let us support the efforts of our Sen. Borrello, he’s working for us!

I will leave you with this as to crime and punishment from Colossians 3:25 “For the wrongdoer will be paid back for the wrong he has done, and there is no partiality.” I would add, and no prejudice, bias or political agenda.

Be safe and have a great day!

Vicki Westling is a Dunkirk resident. Send comments to editorial@observertoday.com