Republicans in the state Senate are making an 11th-hour effort to repeal criminal justice reforms passed by the state Legislature earlier this year.

Sen. James TeDisco, R-Glenville, has proposed S.6853, which would postpone until Jan. 1, 2021, speedy trial and criminal discovery rules changes approved last year. That legislation is co-sponsored by Sen. Chris Jacobs, R-Buffalo; Sen. George Amedore Jr., R-Rotterdam; Sen. Daphne Jordan, R-Halfmoon; and Sen. Robert Ortt, R-North Tonawanda.

TeDisco’s legislation comes after prosecutors and police departments throughout the state have said they don’t have the ability to hire enough staff to meet timelines in the state’s criminal justice reforms.

“This legislation was crafted to hit the pause button on the far-reaching bail and discovery reform legislation that was hastily passed earlier this year and is scheduled to take effect on January 1, 2020,” TeDisco wrote in his legislative justification. “The bill seeks a one-year moratorium on the implementation of these reforms. Such a delay will provide adequate time for statewide hearings to be held in all 10 regions of the state so that criminal justice experts and stakeholders including district attorneys, law enforcement, victims, victims’ advocates and domestic violence prevention advocates and other citizens can weigh in on the initiative’s potential risks to public safety. Additionally, this timeframe will enable us as lawmakers to further evaluate costs associated with implementation and appropriate funds for this unfunded mandate being passed down to our local law enforcement entities.”

TeDisco has also proposed S.6849 to repeal time limits for a speedy trial, criminal discovery rule changes, certain resentencing, sentencing reductions for misdemeanor crimes to 364 days, and required reporting on use of force and use of force policies. Jacobs is a co-sponsor of the legislation.

“This legislation is necessary to ensure public safety in New York state by repealing the criminal justice reforms enacted in the 2019-20 state Budget,” TeDisco wrote in his legislative justification.

Last week, two probation directors from upstate New York raised concerns on Thursday about how sweeping changes to the state’s bail law will be implemented. Delaware County Probation Director Scott Glueckert told state lawmakers that he doesn’t have the staff, infrastructure or office space to implement the bail changes. It goes into effect at the beginning of 2020. The bail law, passed by lawmakers earlier this year, eliminates pretrial detention and money bail for the wide majority of misdemeanor and nonviolent felony cases. The changes are expected to reduce the number of people held in jail while awaiting trial.

“If we open up the floodgates, so to speak, and we have a large amount of people that are directed to report to us, again we simply do not have the infrastructure to do this come January 1,” said Robert Iusi, the probation director in Warren County. He argued that implementation of the bail law needs to be adequately funded.

Patrick Swanson, Chautauqua County district attorney, said during a meeting earlier this year of the Chautauqua County Criminal Justice Coordinating Council, that it’s possible 80% of the county’s court appearances will be eligible for presumptive release or release under supervision under the new law.

“Our pre-trial detention numbers are going to fall dramatically,” Swanson said. “I think in this county … we’re going to be around 12-15% of our offenses that are going to be eligible for bail.”

Recidivism, specifically with drug offenses, was one of Swanson’s primary concerns. With drug offenders, the district attorney said the council will need to consider new methods of offering support services when the law goes into effect next year.

“We are going to see a pretty seismic shift in our ability to treat recidivism in our state,” he said. “So many people are exposed to programming pre-trial right now. Unless we adjust what were are doing, those people aren’t going to be reached at all (next year).”

Sheriff Jim Quattrone told Criminal Justice Coordinating Council members that while the jail population will decrease at first once the law goes into effect, it will likely spike afterward. He estimated that by next summer, he would have to use a “warrant squad” to track down the people who were granted release but failed to show up for court. Quattrone is also looking for positives to the bail reform law, but Quattrone pointed to the fact that with less inmates, at least in the fist several months, the jail would be able to better manage each individual.