MALONE — In less than two months, the Criminal Justice Reform Act will take effect, bringing with it sweeping changes to the bail reform system.

“Now 90% of the criminal offenses, there will not be bail for them,” said Franklin County Judge Derek P. Champagne.

Alongside Sheriff Kevin Mulverhill, Champagne went before the Franklin County Legislature to talk about the new law and the impact it will have on people across the North Country.

The new law starts Jan. 1, but if it were in effect today, there would a significant drop in the inmate population at the Franklin County Jail, the sheriff said.

“At the end of October, the count was 96 and, if the new bail law was enacted, then 23 inmates would have been released,” said Mulverhill. “Of that number, 16 females would stay and four would have been released. For men, 57 would stay and 19 would have been released.

“It is definitely going to be a decrease in the population. We are looking at somewhere between 25 and 30%,” the sheriff said.

There will be fewer people in jail for lower-level crimes, but, Mulverhill said, once the new law takes effect, there will be a higher percentage of inmates behind bars for violent crimes.

“I think the type of inmate that we are going to get will most likely resemble those that are doing state time. I would expect a slight rise in the inmates that will be in for violent offenses at the Franklin County Jail,” said Mulverhill.

Fewer inmates in the jail will produce savings on things like food and other day-to-day expenses, the sheriff said. They also won’t need as many people transported and fewer people would result in fewer doctor or dental visit, because the population will be smaller.

Legislator Lindy Ellis, D-Saranac Lake, asked if fewer people at the jail would reduce the need for as many corrections officers and could some of them be laid off. Mulverhill says no changes will be made to staff next year.

“We have been in touch with the commissioner of corrections regarding staffing and the commissioner is not going to do any staffing changes for this next year, until we get a handle on what is going to happen,” said Mulverhill.

Champagne also told legislators that the bail reform law will have a significant impact on how the court can handle those who come before it.

“It is so interesting that even when I have someone who is a second felony offender, if they are found guilty of this crime, it is mandatory state prison, I cannot set bail,” said Champagne.

The law was passed as a budget amendment in Albany and does not allow bail to be set for a number of nonviolent felony crimes.

“The judges, myself included, will probably say on the record, ‘I cannot believe that I have to let you out,'” said Champagne.

He also says even those who are found guilty could still be out on the streets.

“There is even an argument that even after trial, pending sentencing, that the court may not have authority to have them be remanded under this new legislation,” said Champagne.

Another problem frequently cited by opponents of the law is that members of law enforcement are required to turn over all voice recordings and data to the defense attorney within 15 days of someone’s arraignment, which legislators say will significantly deter the willingness of witnesses to cooperate with law enforcement.

The law does have a special section on electronic monitoring and still allows judges to sentence people to wear that. The devices that someone can be required to wear include a bracelet that monitors their blood alcohol content or something that they wear around their ankles to track where they are.

It’s something that Judge Champagne says could be increasing.

“To be quite frank with you, there are a number of people that I am going to be ordering that they be monitored,” he said.

The service does come with some restrictions including the monitoring cannot be contracted out to a private contractor, it has to be done through a nonprofit organization. It is something that Mulverhill says could be challenging to Franklin County.

“I don’t think there are any nonprofit organizations here in the North Country that are going to want to start a home monitoring program,” said Mulverhill.

Another problem, Champagne said, is that the court system will now be required to get a phone number from the person who committed the crime and will be required to send them a text reminding them to show up for court.

The judge said the law could lead to fewer people showing up to court and even fewer people who plead guilty.

“Think about all the people that are going to be released now before trial, and think about someone who is at home who is now going to want to plead guilty. Consistently over the years, there have been a much higher number of people who plead guilty who are incarcerated,” said Champagne.

Members of the Franklin County Legislature also passed a resolution voicing their opposition to the Criminal Justice Reform Act, saying that they do not want it and it would do more harm than good to the residents of Franklin County.