Gov. Andrew Cuomo. Photo: Peter Foley/Bloomberg

Gov. Andrew Cuomo said Tuesday he doesn't think the New York Attorney General's Office and local district attorneys need any more funding than what they currently receive from the state to implement the state's new laws on criminal discovery.

Cuomo made the comments when asked by the New York Law Journal whether he planned to include additional funding for prosecutors in his executive budget proposal in January.

"They've gotten a lot more funding. Everyone always says they want more funding. This year funding is going to be very difficult. We have a big Medicaid problem," Cuomo said. "So, yeah. The answer to everyone's problem is always more money. I get that."

When asked if he thought the Attorney General's Office and local district attorneys needed more funding to implement those reforms, as they've repeatedly claimed, Cuomo said he didn't buy it. 

"I think they've gotten additional funding, and they're getting additional funding," Cuomo said. "So, no. I don't think they need more funding."

The Attorney General's Office, which testified just last week before state lawmakers that it would need more than $10 million to implement the new laws, did not immediately respond to a request for comment on Cuomo's remarks.

His comments did not sit well with the District Attorneys Association of the State of New York, the state's trade group for prosecutors. 

Orange County District Attorney David Hoovler, the group's current president, said if the state doesn't provide more funding to implement the state's new laws on criminal discovery, they won't be able to adequately function under the new requirements.

"The governor's unwillingness to appropriate funds for this unfunded mandate will only cause victims to be victimized again when prosecutors are unable to perform the basic functions of their offices," Hoovler said.

Hoovler said if the funding doesn't come from the state, the burden will then be on county budgets. While some areas may be able to foot the bill for those costs, others may be unable to pick up the slack, Hoovler said.

DAASNY has said the cost for implementing the new discovery laws could reach as high as $100 million statewide, though there hasn't been a formal projection.

That funding would primarily be used to upgrade technology for local prosecutors and members of law enforcement, and hire more staff to comply with the changes.

The new laws, which take effect at the beginning of next year, will require prosecutors to exchange information to be used at trial, called discovery, as early as 15 days after a defendant's arraignment, or soon after depending on the circumstances. 

District attorneys from around the state, but particularly in counties outside New York City, have said they'll need to hire more staff to comply with the new laws. They've said those individuals would be used to review and compile with discovery before it's sent to the defense. 

They've also said funding is needed to upgrade technology among prosecutors and local law enforcement, some of which are still using computers with operating systems from two decades ago. A more uniform system would help them compile discovery faster, they've said.

"This is a labor-intensive process that requires up-to-date secure technology for all parties involved in the process," Hoovler said. "District attorney's offices, police departments, 911 call centers, crime laboratories and many other entities need the tools and staff to be able retrieve, prepare and exchange discovery."

A representative for the Attorney General's Office told members of the state Legislature at a public hearing last week that they would need an immediate infusion of $500,000 to comply with the new laws starting next year, followed by an additional $9.7 million in the future. 

That representative, Kate Powers, director of legislative affairs for the Attorney General's Office, said their current level of funding wasn't going to cut it.

"Our office is providing testimony today to say that we strongly support these requests and urge you to account for these needs in the upcoming 2020 budget," Powers said.

When the state Legislature approved the new laws on criminal discovery earlier this year, no additional funding was included for the Attorney General's Office and local district attorneys to implement the new law.

Lawmakers also chose not to boost funding for pretrial services despite an overhaul of the state's bail reform laws. Under the new statute, which was passed with the new discovery laws, most nonviolent and low-level offenders will be released without bail before trial. 

Some have argued that the bail reform law will end up saving money for prosecutors, who could then turn around and invest it in compliance with the new discovery laws.

Freeman Klopott, a spokesman for the state Division of Budget, said Tuesday that counties will end up saving money, for example, from the smaller population in jails as a result of the bail law.

He also noted that measures passed in the last state budget will help raise revenue for localities, which could then be used to implement the new criminal justice reforms. The state estimated $160 million will be generated by a new tax on internet sales, for example.

"There is no question resources are available for the implementation of these critical reforms as the state invests more than $300 million to support them and local governments will recognize hundreds of millions of dollars in annual savings from a declining inmate population," Klopott said.

Hoovler rejected that argument, at least for the immediate future.

"It is irresponsible accounting to expect that savings from bail will be realized instantaneously," Hoovler said. "Basic budgeting principles dictate that any savings from shrinking the prison population will not be recognized for years to come."

The new laws are set to take effect at the beginning of next year, shortly before Cuomo is scheduled to release his executive budget proposal. State lawmakers haven't ruled out including more funding for prosecutors in next year's state budget.

Negotiations on the state budget usually begin formally in February, while the spending plan is due at the end of March.

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