New York state Senate chamber. Photo Credit: Westpoint/CC

As Gov. Andrew Cuomo's criminal justice proposals face a cool reception from members of the state's defense bar, Democrats in the state Senate are proposing their own package of reforms hoping that the measures don't get “watered down” during budgetary negotiations.

The Democratic conference, which is in the minority, on Tuesday proposed a series of bills that would seek to eliminate cash bail, require prosecutors to disclose evidence of criminal investigations more quickly and require that criminal cases go to trial “in a reasonable time frame.”

Last month, during his annual State of the State address to the Legislature, the Democratic governor unveiled a number of top wish list items for criminal justice reform advocates, including elimination of cash 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. As part of his executive budget proposal, Cuomo also proposed expanding discovery rules by mandating sharing of evidence and information favorable to the defense “in a timely and consistent manner,” and requiring faster processing of court cases.

Cuomo's proposal to reform the state's discovery rules have been received skeptically by members of the state's defense bar, who argue that prosecutors are getting new tools that undermine the much-needed reform, such as the ability to redact witness identifying information. Democrats in the Senate said they're proposing their own bills so the reforms don't get diluted in the budgetary negotiations. A final budget is due by April 1, the start of the new fiscal year.

“Unfortunately, in the Senate, these types of bills often get watered down and actually ending up moving away from the original intent and the reason that happens is because there's a desire to placate people who are opposed to the basic principles of justice reforms. So we're here to say you can't negotiate away good reforms,” said Democratic Minority Leader Andrea Stewart-Cousins, D-Westchester.

State Sen. Michael Gianaris, the deputy minority leader, said criminal justice reforms are a “rare case where not doing it the right way may actually do more damage than what would be a half-measure.”