Press Release:
Governor Andrew M. Cuomo Thursday launched the Campaign to Restore Fairness in New York's Criminal Justice System. The campaign advances the Governor's five-pronged reform package to overhaul the State's criminal justice system. This comprehensive package—the most progressive set of reforms in the nation—will guarantee fairness for the accused by reshaping New York's antiquated bail system, ensuring access to a speedy trial, improving the disclosure of evidence in the discovery process, transforming asset forfeiture procedures and implementing new initiatives to help individuals transition from incarceration to their communities.
"For too long, our antiquated criminal justice system has created a two-tiered system where outcomes depend purely on economic status - undermining the bedrock principle that one is innocent until proven guilty," Governor Cuomo said. "This sweeping overhaul will transform our criminal justice system by removing critical barriers, reaffirming our beliefs in fairness, opportunity and dignity, and continue our historic progress toward a more equal society for all."
The Governor's legislation will:
- Eliminate monetary bail for people facing misdemeanor and non-violent felony charges;
- Expand the discovery process to include disclosure of information in a timely manner including evidence and information favorable to the defense; intended exhibits; expert opinion evidence; witnesses' criminal history information; and search warrant information;
- Reduce unnecessary delays and adjournments in court proceedings, requiring that people held in custody - not just their attorneys - consent to a speedy trial waiver that must be approved by a judge and ensure that defendants are not being held unnecessarily when the prosecution fails to meet deadlines;
- Limit asset forfeiture proceedings to cases in which a conviction is obtained and enhance reporting requirements for local law enforcement and District Attorneys; and
- Improve the re-entry process for individuals transitioning from incarceration to their communities and reduce unnecessary barriers to financial stability after release.
