Nassau County Executive Laura Curran announced that the public safety committee she commissioned last month dubbed “The Common-Sense Coalition,” has completed a final report, outlining recommended amendments to New York State’s newly implemented Criminal Justice Reform law. Today, County Executive Curran sent the report to Albany lawmakers for their consideration. The full report, available here, indicates the sections of the legislation that are of concern and also offers suggestions for possible amendments to remedy the issues presented.
“It’s about common sense, not politics. Our number one concern is the safety and security of our communities,” said Nassau County Executive Laura Curran. “I want to thank the dedicated members of this committee, the officials in charge of public safety on Long Island, for their swift action to identify the key problems they’re seeing on the ground as well as fair and realistic solutions. We are grateful for the constructive dialogue with our state representatives as we work towards a smarter and fairer justice system that also prioritizes the safety of our communities.”
This committee has drawn upon its varied experience as members of law enforcement to review the new NYS Criminal Justice Reform legislation and its impact. The members of the committee recognize that the criminal justice system should not lead to situations where individuals are being held on low bail for low level crimes simply because those individuals lack the financial resources of others.
“I strongly believe that the criminal justice system is in need of reforms, but the enactment and implementation of the Bail Elimination Act was rushed and uncoordinated,” said Suffolk County Sheriff Errol D. Toulon Jr. “The drafters failed to consider the complex human service needs of involved individuals, the law’s effect on crime victims, and the funding to effectuate a systemic change of this magnitude. We have also made it more difficult for law enforcement and the judiciary to do their part to protect public safety. I hope this report will provide the impetus to bring all stakeholders back to the table to drive the kind of reform that will truly benefit all New Yorkers.”
Suggested amendments to New York State’s newly implemented Criminal Justice Reform law include:
- Do not limit the types of crimes for which a judge can set cash bail and allow judges to exercise discretion when making decisions in cases before them.
- Do not limit the factors the Court can consider when evaluating bail applications. The new legislation eliminated certain factors that were to be considered, such as the defendant’s family and community ties, physical and mental condition, ties to criminal organizations, etc.
- Any alternative to the imposition of bail or incarceration must be meaningful and effective. For instance, electronic monitoring should be utilized only with time and place restrictions that can be summarily enforced by law enforcement.
- Judges should be given the discretion to issue a warrant immediately when a defendant fails to appear. The “48 hour” rule, allowing notice to a defendant that missed court and giving him or her an opportunity to appear again prior to having a warrant issued, is diametrically opposed to the intention of bail – to ensure an individual’s return to court. Such a failure to appear on the required date is indicative of an individual’s unwillingness to accept the court’s jurisdiction and therefore requires his or her detention.
- Allow judges presiding over criminal matters the same level of discretion given to the Court in other matters. The limitations on judicial discretion imposed are not consistent with how other applications are heard and decided.
Suggested amendments to the discovery component of the law include:
- The initial 15-day requirement must be increased to at least 90 days. The new legislation does not contemplate that the police are often investigating complex cases involving serious crimes, sometimes with multi-jurisdictional components. The sheer volume of discovery that needs to be provided in those cases is a logistical impossibility in this 15-day period.
- Permit the District Attorney to resolve cases by way of plea bargaining as had been the case before the reforms. The limitation on plea bargaining, coupled with the list of items included in “automatic discovery” is placing a significant strain on law enforcement entities, crime laboratories, etc. being called upon to adhere to these new discovery demands.
- Identifying information regarding witnesses and victims should not be included in the category of automatic discovery. Including this type of information in the category of “automatic discovery” which must be produced in this expedited time frame, may lead to members of the public being hesitant to report criminal activity or cooperate in criminal investigations/proceedings out of fear of retribution or intimidation.
Financial Burden on Local Governments
The Committee also finds that a major issue is that the State Legislature instituted these mandates without providing for funding or a method to secure funding to enable the agencies to change their own internal procedures to comply with the new law. The implementation of new infrastructure, new software, new portals, etc. is a time-intensive, costly endeavor placing a significant financial burden on local governments across the State.
