State legislature passes 2023-24 budget with bail law changes, minimum wage hike

ALBANY — The State Legislature late Tuesday approved a $229 billion state budget, which includes new provisions for setting bail, banning natural gas heat in most new buildings and a landmark change to the minimum wage.

The Senate and Assembly Tuesday passed the last of the 2023-24 budget bills. The budget was due at midnight March 31.

The legislature spent Tuesday afternoon into the evening debating and approving, mostly along party lines, the omnibus bill referred to as “the big ugly.” The massive bill has gotten the name because it contains many of the most contentious issues on which the entire budget agreement hinged. Debate had continued into the night on the remainder of the budget bills.

The bills made public Tuesday revealed details of the biggest and most controversial issues in the budget. For example, Gov. Kathy Hochul had proposed changes to a 2019 progressive law that sought to end bail for most nonviolent suspects. The legislature had wanted the law so that defendants weren’t jailed for weeks or months before trial only because they couldn’t afford bail.

The changes made Tuesday to the 2019 bail law include more than 7,000 added and redacted words. Hochul sought her second round of changes in two years to the law after Republicans said it increased crime by releasing dangerous suspects back into the community.

Among the new provisions are:

• No longer requiring judges to follow “the least restrictive conditions” to ensure a suspect returns to court for hearings and trial. Instead, the law states the decision must “reflect the findings of the individualized determination” of the defendant, including his or her criminal history and flight risk to make sure a defendant returns to court for trial. The law adds that judges may consider “the kind and degree of control or restriction necessary to reasonably assure the (defendant’s) return to court.”
• Struck from the law is a provision that required judges to consider “the individual financial circumstances” of the suspect and his or her “ability to post bail without posing undue hardship.”
• Monthly reports to analyze bail for suspects of different races and backgrounds to assure fairness.

Hochul said these changes would give judges more discretion to deny bail to defendants who could be threats to a community.

The bail law, which was a top campaign issue over the last two legislative elections, again touched off some intense debate Tuesday in the Assembly and Senate. 

Sen. Jamaal Bailey (D-Bronx) deflected criticism of the bail bill by Republicans, who said the change fails to combat crime.

“Bail is designed to return an individual to court, whatever your feelings are,” Bailey said. “Bail is not a cudgel to drive up mass incarceration.”

But Sen. Anthony Palumbo (R-New Suffolk) said the change fails to allow judges to consider the “dangerousness” of an individual, as he said New Jersey allows.

“What do you consider dangerousness?” Bailey asked.

“Dangerousness is somewhat subjective in a way,” Palumbo responded, “but it’s based on a particular set of facts.”

“There should be no room for subjectivity,” Bailey said. “I, as a Black man, would be considered dangerous by many.”

Other provisions in the budget include:

Electrifying new buildings

The measure, effective in 2025, would require most new buildings of seven stories and lower, residential and commercial, to be powered by electricity rather than natural gas.

Democrats defended the policy as a major step to reduce fossil fuel emissions, which contribute to global warming. Republicans argued the law will be taking away the choice of New Yorkers to heat with natural gas and would drive up utility costs.

“People will die,” said Assemb. Philip Palmesano (R-Bath). He said the electrical grid can be undependable and could result in New Yorkers freezing in winter.

“This is really socialized energy policy,” Palmesano said. “It’s going to jeopardize the affordability and reliability of the grid.”

Cannabis enforcement

The new law empowers the state Office of Cannabis Management and Taxation and Finance Department to investigate  and prosecute unauthorized sales of cannabis, which has hurt the startup of New York’s new legalized cannabis trade through certified sellers. The law creates misdemeanors for unauthorized sales of cannabis that can rise to felonies for large amounts and for repeated offenses. Fines will range from $25,000 for unauthorized sale of 5 to 12 pounds up to $75,000 for unauthorized sale of more than 12 pounds and $100,000 for a second offense.

Minimum wage

The minimum wage for Long Island, New York City and Westchester will rise from $15 an hour now to $16 on Jan. 1, 2024; to $16.50 on Jan. 1, 2025; and to $17 on Jan. 1, 2026. For the rest of the state, the wage will be phased in to $16 by Jan. 1, 2026.

After 2026, the minimum will rise with inflation, which has been a major goal of progressives in the legislature but opposed by business groups.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.