Warren County — For the third time, New York State has changed bail law legislation. These alterations come as a part of the 2024 approved Budget.

Some of the old, and new statues were discussed during this week's hearing regarding Kevin Monahan's possibility for bail. Monahan is accused of killing Kaylin Gillis in Washington County last month.

Monahan's attorney Kent Mausert argued the original decision by Washington County Court Judge Hon. Adam Michelini to remand Monahan was flawed, and that Michelini needed to consider all of the factors stated in the legislation, which was enacted as a part of the 2023 FY Budget.

"It’s that the factors were listed and they must be considered," Mausert said. "Now that doesn’t mean they need to be considered equally, the legislature wasn’t trying to micromanage how a judge went at their discretion, but they have to be considered."

The new legislation, which they believe should be applied after a 30 day period, removes those factors, along with the "least restrictive means" language. The new statute also puts the word "discretion" in the law for the first time. That language is accompanied by rules saying judges should only consider what is realistic in deciding bail.

"I think we've given judges a little more confidence that they can use their best judgement or discretion here to show there are ways to interpret this return to court provision," Assemblymember (D) Pay Fahy says.

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