New bail reform law irresponsible.
Come Jan. 1, 2020, the criminal justice system in New York state, as we know it today, will undergo a seismic change that will dangerously risk the security of our communities. The new bail reform law places unfair and unfunded mandates on our local governments.
The recently approved legislation is irresponsible and it was developed in secrecy, without participation from criminal justice professionals who have been entrusted with protecting our communities, those responsible for the prosecution of criminals, and those responsible for the monitoring of probationers and parolees. Even more egregious is the that this version of bail reform clearly demonstrates a lack of compassion and concern for the safety and security of those victimized by crime.
We all agree there are some disparities in the current system that required revising. Regrettably, the bail reform law taking effect in January was passed without any public hearings or public discussion. The police and district attorneys across our state were denied the right to engage in meaningful dialogue about how the proposed legislation, now law, would affect their ability to protect and ensure the safety of our communities. As a result, we now we have a law taking effect that is harmful and seriously undermines the safety of our communities, giving little or no protection to victims.
The new law places unfunded mandates on law enforcement, local probation departments and district attorney’s offices. And all of this happening while funding for local public defender’s offices across the state is being significantly increased.
Come January, there will no longer be a bail system in New York state as we know it today. The majority of crimes committed, including burglary of your home in the second degree and robbery in the second Degree (aided by another), will now require police release suspects with court appearance tickets. There will be no arraignment, no bail set, no order of protection. These accused criminals will be released back onto our streets.
Judges will no longer be able to impose bail on misdemeanor suspects and most felony suspects. Bail or the detention of a suspected criminal may now only be imposed when the suspects is accused of a “designated crime.” Suspected drug dealers are not on the list; they must be released after arrest. In the event you are the victim of a crime, the suspect now has a right to seek permission from the courts to revisit the crime scene, even if the crime was rape in your own home.
In addition to issuing an appearance ticket, notifying the criminal suspect about the date, time and location they are to appear in court, the police are now required to inform suspects that they have a right to be further notified of their pending court date via text message, email or by phone. Our courts are now responsible for taking on this additional burden of reminding suspects a second time of their court date and time to appear. Should the person fail to appear for their court date, they will have 48 hours to contact the court and reschedule their appearance. Judges will no longer be permitted to issue a bench warrant for a defendant’s failure to appear.
In addition to the atrocity created by this bail reform legislation, additional legislative changes have been passed addressing “discovery” rules. Everything the District Attorney’s Office has in its possession relative to the prosecution of a case must now be turned over to the defendant and defense attorney within 14 days of arraignment. This is a daunting task for district attorneys across the state, considering the daily volume of cases they are preparing for trial, let alone the number of different law-enforcement agencies they work with that are constantly filing new criminal cases with their offices.
Also, grand jury testimony, once considered a sealed record, now must be turned over to the criminal suspect and defense attorney, revealing testimony by civilian witnesses. Individuals who, for the most part, only cooperated with authorities knowing their testimony was confidential will now be reluctant to do so in fear of retaliation for their cooperation. This will further hinder the ability of prosecutors in obtaining crucial evidence necessary for effective prosecutions.
We must ask ourselves if this is what bail reform was intended to achieve: more rights for criminals and less rights and protections for honest citizens and victims of crime.
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