Supervisor BREH offered the following Resolution and moved its adoption:

RESOLUTION ENDORSING A ONE-YEAR MORATORIUM ON NEW BAIL AND DISCOVERY REFORM LAWS

WHEREAS, in the final stages of adopting its FY 2020 budget, the State of New York enacted sweeping criminal justice reforms including the elimination of cash bail for many specific enumerated crimes and the imposition of stringent discovery mandates on police and prosecutors; and

WHEREAS, beginning January 1, 2020, under said new bail reform laws, judges will no longer have discretion to set bail for many specific enumerated crimes; and

WHEREAS, these crimes include those that result in the deaths of innocent people, including several subcategories of homicide and manslaughter, resulting in those responsible for these deaths being released back into the community of grieving families; and

WHEREAS, some of the crimes for which bail will no longer be an option include:
• Making a Terroristic Threat
• Possessing an Obscene Sexual Performance by a Child
• Money Laundering in Support of Terrorism in the 3rd and 4th degree
• Failure to Register as a Sex Offender
• Promoting an Obscene Sexual Performance by a Child
• Patronizing a Person for Prostitution in a School Zone
• Aggravated Assault Upon a Person Less than Eleven Years old
• Reckless Assault of a Child by a Daycare Provider
• Criminal Sale of a Controlled Substance to a Child
• Abandonment of a Child
• Criminal Possession of a Weapon on School Grounds
• Female Genital Mutilation
• Stalking in the Second Degree
• Aggravated Harassment
• Endangering Welfare of Elderly Person/Incompetent/Physically Disabled Person
• Aggravated Cruelty to Animals, Torturing and Injuring Animals
• Assault in the Third Degree
• Aggravated Vehicular Assault
• Burglary of a Residence
• Bail Jumping and Unlawfully Fleeing a Police Officer in a Motor Vehicle

; and

WHEREAS, discovery reform will also result in an opportunity for defendants to gain access to crime scenes that may include a victim’s residence, thereby giving defendants accused of burglaries, assaults, rapes and other crimes committed in victims’ homes the right to return to those same homes; and

WHEREAS, the issues mentioned heretofore will undeniably impact past, present and future victims of crime in a negative manner, and in so doing, the bail and discovery reforms adopted by the State of New York will themselves further victimize these innocent individuals; and

WHEREAS, these bail and discovery reform laws, in their current form, represent a clear and present danger to society, will tilt the scales of justice in favor of suspected criminals and away from innocent crime victims, and risk reversing decades of bipartisan progress made by the State of New York in reducing crime; and

WHEREAS, Senate Bill S.6853, enacting a one-year moratorium on said bail reforms and discovery reforms, is one viable option to ensure that mistakes are not made in implementing necessary reform; now, therefore be it

RESOLVED, That the Board of Supervisors hereby strongly endorses a one-year moratorium on implementation of new Bail and Discovery Reform Laws scheduled to take effect January 1, 2020 to protect the rights and safety of crime victims and ensure the integrity of the criminal justice system by providing additional time for advisement from the law enforcement community; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Governor Andrew Cuomo, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senator James Tedisco, Assemblyman Robert Smullen, Sheriff, District Attorney, NYSAC, Fulton Montgomery Regional Chamber of Commerce and Administrative Officer/Clerk of the Board.

Seconded by Supervisor HOWARD and adopted by the following vote:
Total: Ayes: 17 Nays: 0 Absent: 3 (Supervisors Born, Waldron and Wilson)

 

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