New York’s criminal justice reform is “misguided,” according to NYPD Deputy Commissioner for Intelligence & Counterterrorism John Miller.

“First, they decided to attack mass incarceration at a time when New York City’s jails have the lowest population since 1978 – when the state jails, prisons have their lowest population in years,” Miller told Sunday’s “The Cats Roundtable” on 970 AM-N.Y., ripping the reform as “misguided.”

Miller told host John Catsimatidis his criticisms are two-fold: 1. Without consequences, criminals will be emboldened; 2. Prosecutors will face a time crunch.

“As of the first of the year, the following things will be true: No. 1 – everybody who gets arrested for anything except for maybe murder and attempted murder is going to be released without having to pay any bail right at arraignment,” Miller said.

“Before they enacted this law, 89% of people were being released at arraignment without having to bail anyway. Now that’s probably going to go to probably 99% — which is going to be a problem because criminals are going to know at the time they’re arrested ‘I’m not really risking going to jail. I am not really risking anything other than going into the system and coming out the other end.'”

Then, Miller lamented, the prosecution has just three weeks for discovery of evidence to build its case.

“The other thing we have to be mindful of is the law that says the defense has to get all the discovery materials from the prosecution within three weeks of the arrest,” he added. “Take those two things together in context:

“There’s a gang assault in Brooklyn. Somebody is badly beaten up. They name the person who did it. The police arrest them. The person is immediately released without having to pay any bail or spend any time in jail. And then, within three weeks, they have the name of the person who is the complainant. They have the witnesses, their addresses, and their phone numbers. That’s going to be a real problem.”

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