New York State Capitol in Albany.

Christmas came late for criminal justice reform advocates in New York, even if no one was complaining Wednesday. Gov. Andrew Cuomo's office unveiled a number of top wish list items being pushed by advocates ahead of his annual State of the State speech Wednesday in Albany. The list includes the elimination of money bail for certain defendants, new and expanded discovery rules and the faster processing of court cases.

“The Empire State has always served as a beacon of equality and social justice, and with these actions New York is once again showing the nation the way forward,” Cuomo said in a statement. His office noted that more than 75 percent of those held in local correctional facilities throughout New York were being held on bail or for some other reasons besides serving a sentence.

“This comprehensive package of criminal justice reforms places a spotlight on the current system's flaws and the need for strong reforms to New York's criminal discovery, bail and speedy trial statutes,” said the Legal Aid Society's Tina Luongo in a statement. “Reforming these core issues is required to end mass incarceration, avoid wrongful convictions and, for New York City, expedite the closing of Rikers Island.”

The top spot among Cuomo's reform plans was arguably shared—at least in terms of goals for reformers—by the governor's proposals to end cash bail and enact bail reform.

Cuomo announced that he intends to introduce legislation to eliminate monetary bail for defendants facing misdemeanor and nonviolent felony charges. For those facing more serious charges, Cuomo would provide monetary and nonmonetary bail options, but only after a judge conducts an individualized review of the case against the defendant, as well as his or her personal and financial circumstances.

Cuomo would also allow, in “limited cases” such as domestic or serious violence, or if a defendant re-offends while on pretrial release, for a judge to have the option of ordering the defendant held without bail.

Like bail reform, discovery has been a top concern for the defense bar. The New York State Bar Association made discovery reform a top legislative priority for 2018.

In a statement issued Wednesday, New York State Bar Association president Sharon Stern Gerstman said the bar association is on board with the reforms as they've been presented.

“The New York State Bar Association supports a range of measures to amend the Criminal Procedure Law to modernize the defendant's right to discovery in criminal justice matters and make the process fairer for all defendants,” Gerstman said. “We look forward to seeing all of the legislation on criminal justice reform that will enact the governor's proposals outlined in today's State of the State address, and working with the governor and the Legislature to enact much-needed reform in this area.”

Cuomo said he intends to mandate the sharing of evidence and information favorable to the defense, intended exhibits, expert opinion evidence, witness criminal history, and search warrant information “in a timely and consistent manner.”

In a nod to concerns long expressed by prosecutors opposed to discovery reform efforts, Cuomo promised to provide “numerous special procedures” to ensure the safety of witnesses in cases.

The governor also said he plans reforms intended to move cases through the state's backlogged court system faster. Despite having a speedy trial law on the books, the courts have been plagued by delays, prompting both the current and former state chief judges to attempt internal reform efforts. Most recently, Chief Judge Janet DiFiore—a Cuomo appointee—has tackled the issue as part of her Excellence Initiative.

Cuomo's plan would hold those in custody to consent to a speedy trial waiver, not simply their attorneys. The waivers would include a deadline for trial, and would only be made available after a defendant has made an initial appearance. The plan would also allow courts the ability to monitor the status of cases, assess prosecutors' statement of readiness, and reconsider bail status if appropriate.

Cuomo's plan would also mandate defense attorneys file motions to dismiss at least 20 days before trial, which would require sworn factual allegations, to deter potential frivolous speedy trial motions.

Additionally, Cuomo's announcement included plans to change how law enforcement agencies are able to seize assets, as well as measures to ease the process of re-entry for those exiting the criminal justice system.

As with all of Cuomo's proposals announced as part of his annual speech, the governor's aspirations are only as good as the two legislative chambers that he needs to pass them into law. With the state Senate controlled by a coalition of Republicans and independent Democrats, criminal justice reforms have at times faced an uphill battle.

One of the key figures going forward on criminal justice reform legislation is Republican Sen. John DeFrancisco, the former chair of the judiciary committee and currently vice chair of the powerful codes committee.

Speaking with the New York Law Journal after Cuomo's speech in Albany, DeFrancisco voiced support for Cuomo's discovery reforms, calling them “good news.” Himself an attorney, DeFrancisco said he was currently working on his own discovery bill.

However, the senator expressed reservations towards Cuomo's bail reform efforts.

“I'd want to look at the actual proposal first and the circumstances it's trying to correct,” DeFrancisco said, after mentioning his own time served as both a prosecutor and a defense attorney.