These major changes in criminal justice policy were adopted
as part of the New York State Budget, despite having virtually nothing to do
with the budget. By including these
changes in the budget bills, law enforcement, the public, and even most
Legislators, were deprived of the opportunity to give effective comment and
guidance on these important changes.
The bail bill will eliminate cashless bail for a wide swath
of crimes and fails to provide any mechanism for judges to consider a
defendant’s danger to the community.
Zero dollars were provided by the State for pretrial services to help
ensure attendance at trial.
The discovery bill overhauls the discovery process and
requires an expedited timeline to provide materials such as police reports,
radio transmissions, body-warn and dash-cam video, laboratory test results and
volumes of other materials and data related to prosecution. The bill
considerably expands the number of cases where these documents must be
exchanged yet provides no additional funding or resources for prosecutors or
law enforcement to comply. The discovery bill also requires the disclosure of
victim and witness names and identifying information to the accused without
adequate mechanisms to protect against witness intimidation and tampering. Additionally, the law creates a statutory
right for the accused to visit a crime scene even if it is a private home.
Virtually every other state in the country that has
eliminated cash bail has given Judges the resources to make proper decisions about
who should be held and who should be released. 47 states permit judges to
consider public safety in their determination to set bail. After neighboring
New Jersey implemented cashless bail, within months, they moved to a system
where judges use risk assessment to weigh a defendant’s criminal history and
the charges they face to determine their risk of danger to public safety.
Year after year, New York continues to be a leader in public
safety. New York is the fifth safest state in the country and has the lowest
crime rate of any large state. New York also has the lowest imprisonment rate
of any large state. Since 2007, crime has declined by 18% in New York State.
New York State has a property crime rate 40% lower than the national average.
The everyday work of prosecutors, sheriffs and police officers is an integral
part of maintaining and improving the quality of life for all New Yorkers. All
of these offices must be adequately funded and properly staffed.
We are calling upon the Governor and the Legislature to
immediately convene and suspend the effective date of these new laws, to give
the criminal justice community, and the public, an opportunity to have
effective input on needed changes to these misguided “reforms”.
Rick Whitney, Allegany County Sheriff
