Governor Hochul's last-minute plan to change some of New York’s landmark criminal-justice reforms, including bail, discovery, and Raise the Age, has roiled state budget negotiations. Here's what it would actually do ⤵️
New York’s cash bail laws don’t allow judges to consider a defendant’s “dangerousness” when deciding pretrial release conditions. And while they allow judges to set cash bail for violent felonies and serious misdemeanors, they are required to hand out the “least restrictive” release conditions that will ensure a defendant shows up in court.
“If you look at the proposal, it has specific identifiable actions that it would require, as is the case in our domestic violence cases,” he said Tuesday.Under Hochul’s plan, anyone charged with a crime while awaiting trial on a separate charge would be eligible for bail. As it stands, that’s only the case when someone is charged with a second felony or class A misdemeanor involving harm to another person.
Among the crimes Hochul wants to add: Criminal possession of a firearm on school grounds, or in cases where a person is required to register their weapon under the SAFE Act but knowingly fails to do so. Under the 2019 reforms, prosecutors are required to turn over evidence to the defense within 20 days of arraignment if the defendant is in custody, in most cases. If the defendant is not in custody, prosecutors have 35 days. They can also seek a 30-day extension in some cases.
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