Gov. Kathy Hochul in a Capital Tonight interview Wednesday did not rule out using the state's authority to detain a person on parole facing new charges.
Hochul last week ordered a 55-year-old New York City man back into custody after he was accused of putting a Bronx resident into a coma following an unprovoked attack last week. Bronx District Attorney Darcel Clark charged Bui Van Phu with third-degree assault and second-degree harassment. Both are misdemeanors and not eligible for bail.
Hochul, however, had Phu detained through the state Department of Corrections and Community Supervision. In the interview, Hochul said this was part of a standing order.
"The directive was clear: If they bring in someone who is a parolee, my Department of Corrections is under order to use our process to keep them detained until they go through the process and perhaps we're going to hold them even longer," she said.
Hochul added, "I will step in when there's a parolee situation."
There have been bipartisan calls for making further changes to New York's law that largely ended cash bail for many criminal charges. Hochul and state lawmakers agreed earlier this year in the state budget to expand bail-eligible criminal charges and consider outstanding charges as well.
Hochul has urged judges and prosecutors to review the law and potentially go through training.
"I also want to make sure our judges and district attorneys are well aware we made changes to the bail law," she said.
Hochul has nevertheless resisted calls from Republicans, including her November general election opponent Rep. Lee Zeldin, to add a "dangerousness" standard, calling it in an interview on WNYC on Thursday morning "subjective."
“We’re making the right changes,” Hochul added.