New York has always been a relatively liberal place. But the latest criminal justice reform has gone way too far. The new legislation will protect criminals at the expense of law abiding citizens. The new laws take effect January 1, 2020. The law is complex, but here are some of the highlights.
Mandatory Desk Appearance Tickets
Currently, the police have discretion to issue a desk appearance ticket ("DAT") in lieu of a contemporaneous arraignment for most misdemeanors and certain E felonies. Most police departments further curtail the issuance of a DAT based upon policy decisions, such as: lack of identification, warrants, certain types of crime (resisting arrest, domestic assault, etc.).
But under the new law, police officers must issue a DAT for most E felonies and misdemeanors. There are only a few exceptions: 1) active warrants, 2) failed to appear in court in the last 2 years, 3) cannot provide an ID, 4) domestic violence crimes, 5) sex offenses, 6) crimes for which a driver's license can be suspended, and 7) need medical or mental health care. Further, the DAT must now be returnable to the criminal court no more than 20 days from the date it is issued. The New York City courts are already overwhelmed, with current return dates far longer than 20 days out. The courts also have to send texts or other reminders to the defendants about upcoming appearance dates! But the law has not provided any additional resources to help and the law is far too burdensome on the courts.
No Monetary Bail
The new law more or less does away with the setting of cash bail in New York. Unless a person is charged with a qualifying offense, a court has no authority to set cash bail, and must release the defendant on his own recognizance! If the defendant is not charged with a qualifying offense, but the judge believes the defendant poses a flight risk, the judge still cannot set cash bail, but the judge can select the least restrictive non-monetary alternative conditions that will reasonably assure the defendant's return to court. The qualifying offenses are most violent felonies, any Class A (non-drug) felony, sex offenses, and several others. This is ludicrous, removing all discretion from judges. It means that felons will be released on their own recognizance even if they have lengthy criminal records.
Discovery
Currently, prosecutors must turn over discovery material prior to trial, giving prosecutors plenty of time. Shockingly, the new law requires that initial discovery material be turned within 15 days of the arraignment. If the material is voluminous, the prosecutors can take an additional 30 days. Any statements made by the defendant must be disclosed no later than 48 hours before the defendant testifies before a grand jury.
Initial discovery material includes things prosecutors didn't have to automatically turnover in the past, including the grand jury testimony of the victim and the defendant. Grand jury testimony has always been secret. Prosecutors also must turn over police reports, the names of witnesses, information about pending criminal actions against any of the witnesses, and electronically stored information from cell phones, computers, social media accounts seized or obtained by the police, and Rosario material.
The new law just goes too far toward protecting criminals at the expense of the law abiding citizens.
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