NYPD Commissioner Tisch Pushes to Change Discovery Law to Keep Recidivists Behind Bars, Rails Against DAs for Lack of Prosecution

Commissioner Jessica Tisch Announces Plan to Reform Discovery Law

Police Commissioner Jessica Tisch took aim Thursday at her first “State of the NYPD” address at recidivist criminals as well as prosecutors who may not have done nearly enough to keep them behind bars and off the streets.

Expanding the Criminal Discovery Law

During her Jan. 30 address at Cipriani in Midtown before a room full of police officials and law enforcement partners, the city’s top cop said she would push for state legislative changes to expand the criminal discovery law to empower judges and prosecutors to keep suspects with prior histories of serious felonious behavior locked up following their arrest.

Lack of Prosecution Rates

She argued that the city is handcuffed by a lax criminal justice system that has led to a “catch-and-release” arrest policy in which repeat offenders are sprung from jail without bail not long after cops pick them up thanks to bail reform changes made back in 2019.

“Ask any cop, and they will tell you they’ll make an arrest, they’ll transport the prisoner down to central booking and go back to their command to finish their paperwork, but before that cop is even done with their regular tour, that perp is back in the precinct to pick up their property and back out on the street,” Tisch said. “How scary is it for New Yorkers to see the same person who victimized them one day, right back in their neighborhood the next.”

Statistics on Crime Rates

Tisch charged that in 2024, decline to prosecute rates went up 31% while the rates of bail set were down 54%. She also noted that last year saw a surge of criminals cuffed for the same crime in the same year. The likes of burglary shot up by 61% while grand larceny rose by 71% and 83% for robbery. Auto theft shot up by well over 100%.

The Impact on the Community

The commissioner also looked to point to the deadly ramifications she says the justice system’s revolving door has on the community.

Invoking the name of 14-year-old Caleb Rijos — who was stabbed to death in the Bronx while on the way to school earlier this month by a man with mental health issues and a rap sheet — she described talking to the boy’s mother as one of the hardest things she has ever done.

“Speaking with his mother after his death was one of the most painful experiences of my life,” Tisch said. “The individual who murdered Caleb had been previously arrested multiple times, for arson, for burglary, possession of a knife, possession of a loaded gun, criminal mischief, harassment, some of these charges were as recently as November.”

Working to Change the Discovery Law

Tisch said she is working with Deputy Mayor of Public Safety Chauncey Parker and all five of the city’s District Attorneys to change the discovery law to keep repeat offenders locked up. She also urged the DAs to continue prosecuting and advocate for the maximum bail against those with prior histories of criminal behavior.

“I am hopeful that with this common sense approach, with the support of the mayor, deputy mayor, all five DAs and the police commissioner of the city of New York, we will see the light of day in Albany. I have also been very clear with the district attorneys that their decline in prosecution rates, in particular for misdemeanor offenses, are unacceptable and are contributing to the feeling of disorder in this city,” Tisch said.

Conclusion

The commissioner’s push to change the discovery law and hold repeat offenders accountable is a crucial step in addressing the city’s crime problem. By working with the district attorneys and other stakeholders, she hopes to create a more effective and safe system for New Yorkers.

FAQs

* What is the current state of the discovery law in New York City?
The current discovery law allows for a “catch-and-release” arrest policy, in which repeat offenders are often released from jail without bail soon after arrest.
* What is Commissioner Tisch’s plan to address this issue?
She is pushing for state legislative changes to expand the criminal discovery law to empower judges and prosecutors to keep suspects with prior histories of serious felonious behavior locked up following their arrest.
* What is the current state of prosecution rates in New York City?
In 2024, decline to prosecute rates went up 31% while the rates of bail set were down 54%.
* What is the impact of the justice system’s revolving door on the community?
The commissioner believes that the revolving door is contributing to a sense of disorder and fear among New Yorkers, and is resulting in a lack of accountability for repeat offenders.