On December 9, the New York State Association of Chiefs of Police sent to Governor Kathy Hochul, State Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie a number of proposed amendments to the State’s bail law, criminal discovery law, and other criminal justice laws that have an every-day impact on the public’s safety. You can find a link to our legislative proposals on our website at www.nychiefs.org. Members of the Association joined the family members of victims of violent crime at the State Capitol to make a pledge to protect our communities.
These common sense changes will fix several issues with these laws which have undermined the justice system and threatened the safety of all New Yorkers. These amendments will achieve a balance between maintaining the spirit of necessary criminal justice reform and enhancing the safety of our communities through continued collaboration, as well as ensuring fairness to crime victims and the accused.
“We in NYS law enforcement fully recognize and acknowledge the need for the many criminal justice reforms that had been passed in 2020. Since that time, we now have had a considerable amount of time to evaluate the data as it relates to the legislative changes. We are now in a position to share what we think are common sense adjustments that address the small subset of our most prolific and violent offenders that drive crime in all offense categories. I am confident that our recommended changes strike the appropriate need for criminal justice reforms while at the same time, gives us the tools we need to keep our communities as safe as possible,” said Commissioner John Mueller, Yonkers Police Department.
Summary of Proposed Amendments
Bail
- Eliminate cash bail altogether by eradicating the inequities that allow wealth to determine freedom;
- Allow judges to consider a defendant’s public safety risk, so that the people who pose the biggest threat to our communities do not continue to endanger our communities.
Criminal Discovery
- Stagger the discovery schedule to ease administrative burdens while at the same time providing enough information to defendants to make informed decisions;
- Limit discovery to relevant and material information and not to all information that is tangentially related to the case and provides no probative value;
- Allow the prosecution to answer ready for trial if they have substantially complied with discovery, preventing cases from being dismissed because duplicative and non-material information is provided later in the discovery process.
Juvenile Justice – “Raise the Age Law”
- Allow judges in Youth Part to see family court records so that defendants do not appear in front of the Youth Part judge as a perpetual first time offender;
- Amend the statute of limitations in family court so that individuals who commit crimes days before their 18th birthday can be prosecuted after their 18th birthday.
Appearance Tickets
- Expand the list of crimes for which police are not required to issue appearance tickets to include additional serious offenses;
- Limit the ability for chronic offenders to continually receive appearance tickets so that they are not immediately released back into the community.
The NYS Association of Chiefs of Police urges the Legislature to consider our proposed amendments in order to strengthen the criminal justice system and protect our communities statewide. It is time to for us to work together to create fair, just and effective reform laws in a way that ensures all New Yorkers are safe.
“No one here disagrees that reform was necessary. We have always said that. But these laws have had immediate unintended consequences on the safety of our cities. We believe these proposed changes can accomplished both goals: bringing important reforms to the criminal justice system while not making our streets more dangerous,” said Commissioner Dermot Shea, New York City Police Department.
I lost both of my sons to gun violence, I carry that pain each day, and I am tired of seeing other parents lose their children to the senseless violence becoming all too common in our communities throughout New York State. It is simple. If something is broken, it needs to be fixed. Perpetrators of violence should not be repeatedly unleashed back into our neighborhoods shortly after being arrested. Crime victims should be able to engage with the police without fear or apprehension. And there needs to be real consequences for those who pick up a gun and terrorize our streets. Our communities cannot wait much longer, we need the legislature to fix the recent criminal justice reform laws,” said Jackie Rowe-Adams, co-founder of Harlem Mothers S.A.V.E.
Meaningful efforts to prevent crime, build public trust and create a more efficient and successful criminal justice system requires an ongoing examination of our current laws. I commend the New York State Association of the Chiefs of Police for recognizing that an ongoing and thoughtful review of our state’s criminal justice laws is necessary to maintain a fair justice system while also maintaining public safety. Going forward, I encourage our lawmakers to consider further modifications to bail, discovery and other criminal justice measures that strike a sensible balance between the rights of defendants and the public safety of New York’s residents, businesses and visitors,” said Washington County District Attorney J. Anthony Jordan, President District Attorneys Association of the State of New York.
“Bail and Discovery reform was overdue, and the efforts to bring equity and greater transparency into the system are laudable and something that we strongly support. However, the actual practice and applications of the 2020 reforms require modification. The proposals laid out by the Chiefs Association are very reasonable, and more importantly from the perspective of public safety professionals and experts, they are necessary to restore safety and order in our state,” said David Soares, Albany County District Attorney.
“I remember my son each and every day. We cannot forget him and others who have been lost to gun violence. We have to do everything we can to make sure that the violence stops and no one else loses their lives prematurely, and that starts with keeping dangerous people off of our streets. Judges in New York State need to have discretion to remand people who continue to plague our communities with violence and crime. These laws need to be fixed now,” said Eve Hendricks, a Bronx mother who lost her seventeen year-old son, Brandon, in 2020 when he was struck by gunfire while attending a barbecue.
We understand the need for the original legislation. Two years of experience with the new legislation and data shows us the need for some adjustment. We are suggesting adjustments to the legislation so that the laws are fair for everyone, those accused of crimes and victims of crime. Our motivation is simple, to keep New Yorkers safe, period,” said Chief (Ret.) Patrick D. Phelan, Executive Director, New York State Association of Chiefs of Police.
“The New York State Association of Chiefs of Police puts forth these legislative proposals in the sincere hope that the legislature considers amending the laws to ensure a fair and equitable system for all New Yorkers. The people of New York deserve safe streets and safe communities,” said Chief Timothy Parisi, President, New York State Association of Chiefs of Police.
