News : Rolling back bail changes

Monday, December 12, 2022

Rolling back bail changes

Dec 12, 2022

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By Matt Friedman

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Good Monday morning!

It's hard to believe now, but when New Jersey drastically overhauled its bail system eight years ago, it really wasn't all that controversial.

Voters overwhelmingly approved the constitutional amendment that laid the framework for the change (the measure was framed as a fix for a legal loophole left by the elimination of the death penalty). And the legislation to enact the bail changes passed the Legislature overwhelmingly. It was a big bipartisan achievement touted by Republican Gov. Chris Christie, who signed the legislation.

Since then, some types of crime have risen — not just here, but around the country. Car thefts have surged. And lawmakers, Democrats and Republicans alike, are connecting that to bail overhaul. Some prominent Democrats — perhaps after seeing how the issue aided Republicans in New York's election this year — are joining GOP calls for legislation that would substantially roll back the bail overhaul, which all but eliminated cash bail in New Jersey.

But the world is complicated, and I've yet to see any data connecting car thefts and rising crime in general to the bail changes — just a lot of anecdotes about repeat reoffenders. Monmouth County Sheriff Shaun Golden has circulated data showing how car thefts in his county have risen every year since the bail overhaul, but the same trend didn't exist statewide. In fact, in the first few years after the bail law was enacted, car thefts dropped. They spiked in 2021.

Still, at least among some Democrats , there's a political appetite to roll back the bail changes. And Senate President Nick Scutari is "open-minded" about it. Read more about it here .

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 307

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

WHERE'S MURPHY? — Nothing public

QUOTE OF THE DAY: "Why can't we just lie to the media? Why not? In Jersey, we had a mayor who would just make up numbers on the fly from the podium, and no reporters ever called him on it." — Kansas City Manager Brian Platt , according to a lawsuit filed by another aide. Platt was Jersey City's business administrator under Mayor Steve Fulop .

HAPPY BIRTHDAY – Barry Parker, Gary Berner, Cody Miller

MAP OF THE DAY — Blue leviathans . Someone mapped New Jersey's municipalities by partisanship with train stations included.

A message from PhRMA:

Insurance companies use their PBMs to decide how much you'll have to pay for medicines. They keep discounts that should go to you. And only three insurance company PBMs control 80% of prescriptions. You deserve better. Learn more.

WHAT TRENTON MADE

COME ON AND TAKE A FREE BRIBE — " Government corruption getting a free ride from U.S. Supreme Court, N.J. attorney general says ," by NJ Advance Media's Jonathan D. Salant: "Government corruption is the 'single biggest threat to our democracy,' New Jersey Attorney General Matthew Platkin said as he called on his fellow prosecutors to step up as the U.S. Supreme Court has made it harder to bring federal charges against public officials. Because of the high court's rulings, state attorneys general 'really are the last bastion of defense against what I consider to be a pretty pervasive problem,' he told the National Association of Attorneys General at its Washington conference on Thursday … 'It makes people feel government doesn't work for them, that the well-connected play by a different set of rules,' he said … Federal courts have not been kind to federal efforts to prosecute state and local officials on corruption charges. A unanimous U.S. Supreme Court in 2016 threw out the conviction of former Virginia Gov. Robert McDonnell."

THIS CAMPAIGN WAS QUICKER THAN HIS GUBERNATORIAL RUN — " Steinhardt wins Senate seat by acclamation ," by New Jersey Globe's David Wildstein: "Doug Steinhardt, a fixture in New Jersey Republican politics and a staunch conservative, was elected to the State Senate on Saturday in a special election convention to fill a vacant seat in the 23rd district. Steinhardt was unopposed in his bid to succeed Michael Doherty (R-Oxford), who resigned on November 30 to take office as the new Warren County Surrogate. He is expected to be sworn in to his Senate seat on December 19. The 54-year-old former college football player and partner at a politically influential law firm, returns to public office after an eight-year absence"

HUGHES MOVES — Primary for Mercer County executive could become a wider Democratic battle in Central Jersey , by Matt: A Democratic primary challenge to longtime Mercer County Executive Brian Hughes could risk a wider intra-party battle that extends beyond the county's borders, enveloping much of Central Jersey. Assemblymember Dan Benson (D-Mercer) plans to formally announce his candidacy against Hughes, who's approaching 20 years in office, on Monday. Many powerful Democrats in Mercer County are poised to line up behind Benson's challenge, making him the favorite to win the powerful "county line" in the Democratic primary. Hughes acknowledged in a phone interview Friday morning that he may have to recruit his own full slate of candidates to compete on the ballot's second column, as New Jersey's controversial ballot structure gives major advantages to party-backed candidates.

—" Settlement with e-cigarette company JUUL makes NJ teens safer, state's attorney general says "

—McDonald: " What does it take to get New Jersey voters to vote? "

— Questions arise about cost controls in renewable gas bill

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BIDEN TIME

NOTHING SAYS 'HEALTHY DEMOCRACY' LIKE NEEDING TO SPEND TENS OF MILLIONS TO WIN ONE OF 435 SEATS — " N.J.'s hottest congressional race was also its most expensive ever ," by NJ Advance Media's Jonathan D. Salant: "Rep. Tom Malinowski and Tom Kean Jr. spent more money than any pair of House candidates ever in New Jersey, making the 7th Congressional District the state's most expensive as well as its most competitive. The two candidates spent $13.4 million on the contest, surpassing the $11 million spent by Republican Rep. Tom MacArthur and Democratic challenger Andy Kim in 2018, according to Federal Election Commission filings and the research group OpenSecrets."

ENEMY AT THE FLOODGATES — " Many questions on $52B storm protection plan in NY, NJ ," by The AP's Wayne Parry: "People are asking questions about a storm protection proposal for New York and New Jersey that would be among the most massive and costly flood control projects ever done in America. At a public hearing Wednesday night on the U.S. Army Corps of Engineers' proposed $52 billion project, some wanted to know where all the water that would be thwarted by storm gates would go instead. Others wanted to know why the plan doesn't solve more of the problem. And one had a pointed question for the Army Corps. \'When has the Army Corps of Engineers ever beaten Mother Nature?' asked David Merwin, who lives in a Raritan bayfront community in Old Bridge, Middlesex County. 'Where have you done a project where you won?'

I'M WILLING TO BET SOME NJ POLITICIANS ALREADY HAVE REPRESENTED NJ WHILE IN WITNESS PROTECTION — " Vanquished New Jersey politician quotes de Tocqueville ," by InsiderNJ's Fred Snowflack: "Tom Malinowski entered the local high school auditorium Saturday morning and about 350 people stood and clapped … He began by referencing de Tocqueville's observation more than 150 years ago that being 'accountable' to the people is how politics and government is supposed to work … Run again in 2024? 'If you ask me if I will, I'm not going to tell you. I don't know,' he said. Malinowski is newly married and he said post-election night that he plans to take a honeymoon. On Saturday, he said where he and his wife plan to go – an African safari … One man asked what 'we' can do to make Tom Kean Jr., who hasn't been sworn in yet, a one-term congressman. Malinowski said he wasn't going to talk about that, diplomatically adding, 'My hope is that he does a good job.' … Kean seldom engaged with the general public and the press during his campaign. So, what's going to happen when Kean takes office on Jan. 3. For what it's worth, Malinowski opined, 'You cannot represent the Seventh District of New Jersey from witness protection.'"

—" In 2022 congressional elections, GOP won 44 Biden towns while Dems won 64 Ciattarelli towns "

— Christie blasts Trump over Georgia Senate loss

CARTOON BREAK — " Pascrell gets the goods ," by Drew Sheneman

A message from PhRMA:

LOCAL

LET'S GET RADICAL, RADICAL — " Fight vs. bigotry, racism, antisemitism, etc. demands unwavering consistency ," by The Trentonian's L.A. Parker: "In March 2021, Divine Allah, leader of the local New Black Panther Party delivered a hateful monologue on the steps of City Hall. In attendance to rally for McBride who had faced incorrigible remarks by then Councilman Jerell Blakeley, Divine Allah took no prisoners. Divine Allah referenced Mayor Reed Gusciora, as 'this white boy mayor, this little (gay slur) f—–.' Gusciora is the city's first openly gay mayor. Whites were 'crackers' and Jews existed as 'the true enemy.' Gusciora wisely and wrongly turned the event into political capital. 'This event came to symbolize the very dysfunction and hate that prompted it in the first place. We as a city are better than this,' the mayor said. Well, we should be although in February 2022, Gusciora stood with Divine Allah for the raising of the red-black-and green Pan African flag outside City Hall. Per the Trentonian, Gusciora said Allah never apologized for the slur but he chose to move on from it rather than holding on to grudges. The mayor even ran through one of Allah's intense gym workouts, as a way to detoxify the bad blood."

TAKE A LOOK. SHE'LL BAN A BOOK. IT'S READING, THE ANTI-RAINBOW! — " How a N.J. school district landed in controversy over Respect Week posters ," by The Philadelphia Inquirer's Melnia Burne y: "Students at Upper Elementary School in North Hanover Township in Burlington County were asked to create posters to show that their school was a 'safe place where everyone was accepted,' said Superintendent Helen Payne. The voluntary activity has been held for three years and there was no instruction associated with the assignment, she said. Some students made posters reflecting the school's diversity, some had messages about general acceptance and kindness, and some included content supporting the LGBTQ community, Payne said. Some posters included pride flags for transsexual, pansexual, and polysexual groups and 'messages that all people were accepted at their school,' she said. In a Facebook post that went viral, parent Angela Reading said she was disturbed to see the posters ... Reading, a school board member for the Northern Burlington Regional High School district, said the posters were inappropriate …The debate escalated after another parent, Lt. Col. Chris Schilling, who is assigned to nearby Base McGuire-Dix-Lakehurst, responded to her post and said it had been flagged to local police because of safety concerns. Reading said she removed the post after an administrator of the Facebook group told her that North Hanover Police Chief Robert Duff reached out urging her to take it down."

JIMMY DAVIS' FERRY TALE — " Promises, promises: Long-routed Bayonne ferry service pushed back to 2023, at least ," by The Jersey Journal's Teri West: "If you were hoping to get to Manhattan from Bayonne by water this year, you're more likely to accomplish that by swimming rather than a ride on the long-promised-but-yet-to-materialize ferry service. When asked why the long-touted ferry — it's been a part of not one, but two successful mayoral campaigns by Jimmy Davis — is still just a plan, city officials said they remain in negotiations with the Port Authority of New York and New Jersey … Davis' message on the 2022 campaign trail came years after planning for the ferry began and SeaStreak was chosen to operate it. But then again, he promised that it would be running by the end of 2018."

WE CAN WORRY ABOUT THIS AFTER A MAHWAH WAWA OPENS — " Why doesn't Atlantic City have a Wawa? " by The Press of Atlantic City's Selena Vazquez: "The resort may offer all kinds of amenities, from beautiful beaches to gambling to first-class restaurants, but you can't get an Italian shorti here. And no one will say exactly why … 'Wawa stores seem to add convenience to any community they are in, and I always want what's best for the people of Atlantic City, so bringing a Wawa to the great City of Atlantic City is something I would welcome with open arms,' said Mayor Marty Small Sr. 'Going back to when I was a city councilman, I always wanted to see a Wawa at the old Checkers site. That never happened.'

—" 150-year-old [St. Francis Medical Center] will merge with Capital Health, offer only ER and outpatient care "

—" Judge rejects Malave's Dog whistle claim, says candidate may remain on ballot as Jenna Figueroa Kettenburg "

—" Targeting Retaliation: Stopping the chain reaction of gun violence in Paterson "

—" Demarest to dedicate Borough Hall's Council Chamber to longest-serving mayor "

—" Rutgers, do not break your promise to the people of Newark | Opinion "

—" Wall just OK'd a key affordable housing project. What's next in the 20-year legal fight? "

—" Essex Democrats remember beloved party leader Ray Durkin "

JOIN THURSDAY FOR A CONVERSATION ON FAMILY CARE IN AMERICA : Family caregivers are among our most overlooked and under-supported groups in the United States. The Biden Administration's new national strategy for supporting family caregivers outlines nearly 350 actions the federal government is committed to taking. Who will deliver this strategy? How should different stakeholders divide the work? Join POLITICO on Dec. 15 to explore how federal action can improve the lives of those giving and receiving family care across America. REGISTER HERE .

EVERYTHING ELSE

IT'S MORE OF A SHELBYVILLE IDEA — " Bids to replace Newark airport's monorail were too expensive, so the process is starting over ," by NJ Advance Media's Larry Higgs: " Got a design to replace Newark Airport's 26-year-old monorail with a better AirTrain? The Port Authority wants to hear from you after officials hit the reset button on the process Thursday. The agency re-advertised requests for qualifications on Thursday for companies to design and build a new transit system between the Northeast Corridor rail line and between the airport's three terminals, as well as for an operator to run and maintain it for at least 10 years .. The 'take two' comes after the authority missed a July 28 date to select a joint venture from four companies that were qualified in 2021 by the agency to submit design proposals to build and operate the AirTrain for 30 year. Bids to build and operate the replacement came in 'higher than expected,' said Kevin O'Toole, authority board of commissioners chairman in September."

'MONEY CAN'T BUY YOU CLASS' - THE COUNTESS — " Morris pilot sues billionaire financier, wife after contracting COVID on private planes " by The Daily Record's Lori Comstock: " A Mount Arlington pilot hired by a top-ranked executive to fly his wife and her friends to party in Miami in 2020 is suing the billionaire and his company over alleged negligence, saying he contracted COVID from a last-minute passenger who knew she was sick but did not wear a face mask, despite being told to. Adam Toombs was forced to cancel other work and quarantine for two weeks in a hotel room away from family, days before Christmas, but was reassured when Stephen Deckoff, founder and principal of Black Diamond Aviation Group in Connecticut, promised to reimburse him for his losses. But when it came time to pay up, Deckoff — whose net worth of $3 billion led Forbes to name him in September among the 400 richest Americans — purportedly changed his mind."

—" While total deaths down, overdose deaths rising among some "

— " Ground-shaking noise felt in N.J. likely caused by supersonic testing, Navy says "

— " Retired New Jersey police official, named in two lawsuits, is finalist for KCPD chief "

—" Pokémon GO app not accessible for visually-impaired users, N.J. man says in lawsuit "

—" Nearly 190 pets seized from Brick alleged puppy mill need supplies: Shelter "

A message from PhRMA:

PBMs decide what medicines are covered, what medicines aren't and what you pay. That leaves you fighting for the medicines your doctor prescribed, instead of fighting your illness. Meanwhile, insurance companies and PBMs collect medicine rebates and discounts from drug manufacturers and don't pass them along to you. Those savings belong to New Jersey patients, not insurers' PBMs. PBMs are putting their profits before your medicine. Learn more.