Queens Chapter Hosts Panel on Criminal Justice Reform With Governor’s Office
7:00 pm - 9:00 pm
Feb 28 2018
Robert Ross Johnson Family Life Center
St. Albans , NY 11434
Join NAN, the NAACP, and the Governor’s Office in a Town Hall to discuss Governor Cuomo’s proposed criminal justice reform package.
This will be an open-style Town Hall with open Q&A. Please email Rev. Philip Craig if you would like to formally submit questions: [email protected]
From the Governor’s State of the State Proposal:
(For a critique of the Governor’s package, refer to the Statement from Criminal Justice Reform Groups Across New York)
Criminal Justice For All
Governor Cuomo has advanced significant criminal justice reforms throughout his time in office, improving every stage of the justice system from arrest to community reentry. Three major reforms were passed this past year, including Raising the Age of criminal responsibility, extending the landmark Hurrell-Harring settlement’s indigent criminal defense reforms to the entire state, and requiring law enforcement to video-record interrogations for serious offenses, as well as allowing properly-conducted witness identification into evidence at trial. In 2018, New York will build on this bold progress by restoring basic fairness to our state’s criminal justice system.
- Reshape Bail and Pretrial Detention: When New York’s laws governing bail were enacted back in the 1970s they were among the most progressive in the nation. Unfortunately, the status quo is no longer acceptable. Governor Cuomo is proposing legislation that will eliminate monetary bail for people facing misdemeanor and non-violent felony charges. Instead, people will be released either on their own recognizance or with non-monetary conditions imposed by the court, such as reporting to a pretrial services agency. For people charged with a violent felony offense, both monetary and non-monetary bail will be permitted, but only after a judge conducts an individualized review of the nature of the case and the defendant’s personal and financial circumstances. If monetary bail is set, the court must give the defendant a choice between cash or bail industry bonds and an alternative form of bail such as an unsecured or partially secured bond. Additionally, in limited cases such as domestic violence offenses, cases involving serious violence, or when a defendant commits a new crime while out on pretrial release, a judge could order, after due process, a defendant to be held in jail pretrial without bail if they find the defendant poses a significant flight risk or if there is a current threat to a reasonably identifiable person’s physical safety.
- Expand the Discovery Process: Under Governor Cuomo’s proposal, prosecutors and the defense will have to share information in a multi-stage time frame before a trial takes place. This will include disclosure of evidence and information favorable to the defense; intended exhibits; expert opinion evidence; witnesses’ criminal history information; and search warrant information will be made available to defendants in a timely and consistent manner. Doing so ensures attorneys have the tools necessary to adequately represent their clients. Additionally, along with an accelerated disclosure of witness information, this plan will provide numerous special procedures to ensure the safety of those witnesses and the integrity of the judicial process.
- Improve Access to a Speedy Trial: At the Governor’s direction, new legislation being advanced will guarantee that criminal cases proceed to trial without undue delay and that people are not held in jail for unreasonable periods of time. The legislation will 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. These waivers include a deadline so that the defendant, defense attorneys, prosecutors, and judges understand when the trial is scheduled and will only be granted after the defendant has made an appearance before a judge. Courts will also conduct periodic reviews of cases where defendants are held in detention, to assess the prosecutor’s statement of readiness, reconsider bail status if appropriate, and schedule a pre-trial conference. A motion to dismiss must also now be made at least 20 days before the trial begins and it must include sworn factual allegations specifying the time periods that are being charged against the prosecution.
- Transform Civil Asset Forfeiture: New legislation will ban all asset seizures, unless an arrest is made. In cases where people are acquitted or the case is otherwise dismissed, they would get their money and valuables returned. Additionally, the State Division of Criminal Justice Services will expand reporting requirements to include additional information, such as demographic and geographic data, to better understand how civil asset forfeiture is used in New York State. Once a more comprehensive data set is created, New York will then evaluate the asset forfeiture system and make the appropriate changes to fix the identified issues.
- Improve the Re-Entry Process: The Governor is proposing to remove outdated statutory bans on occupational licensing for professions outside of law enforcement and instead, applicants will be assessed on an individual basis. The mandatory suspension of driver’s licenses following a drug conviction will also be removed to allow people to travel to work and attend drug treatment, as long as the crimes did not involve driving. Additionally, the Governor will safely widen release opportunities for people who have shown rehabilitation by expanding the type and variety of programs provided in state prisons to make those individuals eligible for merit release and limited credit time allowances. Under the proposal, the Parole Board will examine cases under a new “geriatric parole” provision in which the Board can balance any public safety risk posed by these individuals with their need for age-appropriate treatment in the community. The reforms will also speed returning citizens’ reintegration to society by reducing their financial burdens after release, including removing the current parole supervision fee and having local child support enforcement offices review child support orders for people incarcerated over six months. Finally, the Governor has ordered a comprehensive review of parole revocation guidelines and practices to determine appropriate alternatives to incarceration for those who violate technical parole conditions but pose no risk to public safety.
- Reduce New York’s Use of Solitary Confinement: In 2016, Governor Cuomo began implementing a historic agreement reached between the New York Civil Liberties Union and the Department of Corrections and Community Supervision to reduce the frequency and duration of solitary confinement and to improve conditions within state prisons. This year, the State intends to continue this massive overhaul by having the Department of Corrections and Community Supervision close over 1,200 solitary housing unit beds throughout New York State’s prisons.
- Protect the Rights and Safety of New Yorkers in Local Jails: To address deficiencies in all local jails, the Governor proposes an immediate enforcement strategy from the State Commission of Correction. The Commission—which is statutorily authorized to oversee all correctional facilities—will undertake a comprehensive review of facilities throughout New York that have repeatedly and egregiously failed to meet well-established standards of safety, security, and service. This review will include an analysis of reportable incidents, deaths in custody, and physical facility conditions. Upon the Commission’s determination, local jails with persistent, pervasive problems will be required to create and adhere to a corrective action plan to either improve their facilities—or close them in an expedited manner—to ensure the safety for both staff and incarcerated individuals.
- Support the Child Victims Act: The Governor seeks to eliminate statutes of limitation for all sexually-related criminal cases when committed against a person who is less than 18 years of age. Further, the Governor seeks to extend the statute of limitations for civil claims from three years from a victim’s 18th birthday to 50 years from the date of the offense. This would give many victims the opportunity to have their day in court. For any victim who is still unable to bring a lawsuit, the Governor would open a one-year window in which these victims are able to commence their claims. Finally, the Governor will eliminate the need to file a notice of claim with a public entity before being able to bring a lawsuit against that entity.