Referred to: The Law Enforcement and Public Safety Committee (Chairwoman Walter and Legislators Fabiano, Haynes, Heppner, and Parete)

Legislators Kenneth J. Ronk and Mary Beth Maio, and Legislators Bruno, Corcoran, Fabiano, Haynes, Litts, Lopez, Roberts, and Wawro offer the following:

          WHEREAS, in the final stages of adopting its SFY 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, the members of the Ulster County Legislature agree that certain aspects of New York’s current bail system needed addressing to correct extreme injustices, most notably incarceration inequities based solely on economic ability; and

WHEREAS, despite numerous crime reduction successes over the last decade through state and local government partnerships with law enforcement agencies, the counsel, input and expertise of local governments and law enforcement professionals was excluded during reform deliberations, and their concerns ignored; and

WHEREAS, due to this lack of collaboration and professional guidance a number of unintended consequences have been revealed, and most regrettably, a number of fears realized, as a result of these reform measures; now, therefore be it

          RESOLVED, that the Ulster County Legislature urges Governor Cuomo and members of the New York State Legislature to revisit and revise recent bail and discovery reform measures enacted as part of the SFY2020 Budget, and which took effect on January 1, 2020; and, be it further

RESOLVED, that the New York State Legislature include in its revisions a reinstatement of Judicial discretion over bail for crimes that target our most vulnerable populations, especially Seniors, children, and victims of crimes; and, be it further

RESOLVED, that amendments to new discovery requirements be enacted which more realistically reflect the resources and abilities of District Attorneys’ Offices to comply; and, be it further

RESOLVED, the Clerk of the Ulster County Legislature shall forward copies of this resolution to Governor Andrew Cuomo, Assembly and Senate Majority and Minority Leaders, and all Ulster County elected Assemblymembers and Senators,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                       NOES:   

Passed Committee: Law Enforcement and Public Safety on March 4, 2020

Postponed to the next Regular Session of the Ulster County Legislature at Legislative Session on March 17, 2020

Postponed to the next Regular Session of the Ulster County Legislature at Legislative Session on April 28, 2020

FINANCIAL IMPACT:

NONE