Resolution No. 90

 

Supervisors BREH AND ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION REQUESTING THAT THE NEW YORK STATE LEGISLATURE REPEAL CERTAIN CRIMINAL JUSTICE REFORMS IMPLEMENTED IN THE FISCAL YEAR 2019-2020 NEW YORK STATE BUDGET RELATED TO CASH BAIL AND DISCOVERY

WHEREAS, Resolution 445 of 2019 endorsed a one-year moratorium on said new Bail and Discovery Reform Laws; and

WHEREAS, Resolution 50 of 2020 supported the “Emergency First Responders Privacy and Protection Act” (S.7280/A.09107); and

WHEREAS, said “Bail and Discovery Reform” laws that were enacted in the 2019-2020 New York State Budget do not allow for consideration of a defendant’s prior felonies, prior failure to appear in court, or subsequent arrests while awaiting trial which stripped judges of discretion to set bail and/or assess risk to the community; and

WHEREAS, the discovery process under criminal justice requires an impractical expedited timeline to provide witness names and other records related to the prosecution of a crime to defendants within 15 days of arraignment; and

WHEREAS, given the many flaws that exist in these statutes and the dangers posed by them to the public, the statutes should be repealed until a safe and proper reform package can be developed; now, therefore be it

RESOLVED, That the Board of Supervisors hereby supports crime victims and implores the New York State Legislature to pass Senate Bill S.6849 and Assembly companion Bill A.8855, which calls for repeal of the dangerous Bail and Discovery “reforms” enacted in the New York State 2019-2020 Budget; 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, Probation Department, NYSAC, Fulton Montgomery Regional Chamber of Commerce, and Administrative Officer/Clerk of the Board.

Seconded by HOWARD and adopted by the following vote:
Total:  Ayes: 520 (18)   Nays: 31 (2) (Supervisors VanDenburgh and Young)

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