Attorneys and advocates respond to concerns from prosecutors over the state's new criminal justice laws in Albany Thursda,  Pictured from left:  Nicole Triplett NYCLU; Khalil Cumberbatch, New Yorkers United for Justice; Erin George  and Amy Jones from Citizen Action. Photo: Dan M. Clark

Supporters of New York's sweeping new criminal justice laws argued in Albany on Thursday that concerns from members of law enforcement over the implementation of those changes will not lead to the parade of horribles that's been predicted by some in recent months.

Civil rights attorneys and individuals who advocated for those changes this year responded to a series of concerns over the new laws during an event at the state capitol Thursday.

The event was largely a counteraction to several public appearances made in recent months by the state's prosecutors, members of law enforcement and municipal leaders, who've said the new reforms will cost money they don't have and could endanger public safety.

Nicole Triplett, an attorney with the New York Civil Liberties Union, said the cost argument, in her view, has been used by prosecutors to shield their outright opposition to the changes.

"I think people are hiding behind this argument, and if it costs something, yes—but this is not an argument that should rise to the level of delaying or not implementing," Triplett said.

It's unclear how much, exactly, the new changes will cost prosecutors and other members of law enforcement when they're scheduled to take effect Jan. 1. Those numbers are determined individually in each county, and a statewide total hasn't yet been compiled.

But a handful of prosecutors outside New York City told members of the state Legislature at a public hearing on the new laws in September that they'll need more staff, and possibly technological upgrades, to comply with the changes next year.

The upcoming reforms broadly address three areas of criminal law: cash bail, criminal discovery and a defendant's right to a speedy trial.

While members of law enforcement have said there will be an up-front cost for limiting the use of cash bail, their calls for funding have largely focused on the changes to criminal discovery, or information prosecutors intend to use at trial.

The new law will require that information, including any evidence, to be disclosed to defendants and their attorneys within 15 days of an arraignment. That kind of deadline didn't previously exist in state law, though some prosecutors have set stricter limits than others.

Defense attorneys and supporters of the new law have said the limit will allow defendants to have access to the evidence against them sooner, which will help them decide their next steps in a case.

Cash bail will also be eliminated in New York for most low-level and nonviolent charges at the start of the year, meaning judges will no longer be able to send those individuals to jail before trial unless they're unlikely to return to court.

Erin George, the Civil Rights Campaigns Director for Citizen Action New York, an advocacy group, defended the new laws to reporters Thursday, saying the changes will abate the disparate treatment of defendants by prosecutors in areas across the state.

"These laws were really critical to leveling the playing field across the state," George said. "We shouldn't have a situation where your zip code determines your freedom."

Orange County District Attorney David Hoovler, the current president of the District Attorneys Association of the State of New York, said Thursday that their concerns over funding remain. He urged the Legislature to consider them when they return to Albany next month.

"Those accused of crimes should have all the evidence needed to make informed decisions about their defense," Hoovler said. "However, the process of retrieving and preparing discovery is laborious and requires staff and technology."

That's because, prosecutors have said, exchanging discovery with a defendant's attorney isn't as simple as handing over the information they have on hand. Each document has to be reviewed personally, and sometimes they have to get the information from another entity.

Municipal leaders said during a press conference last month that they'll need more funding to hire police officers to deal with discovery demands. But even after that, those documents have to be sent to prosecutors, who will have to do a second review before the deadline. 

Those concerns are widespread, Hoovler said. The new laws won't only affect their offices—they'll also reach anyone who has a hand in a defendant's prosecution.

"Every single District Attorney office, police department, state laboratory, 911 call center and many other entities who generate items related to prosecution will need additional funding to properly comply with the new discovery law," he said.

George was critical of that argument, saying that prosecutors should have spent less time voicing their concerns about the new laws since they were approved in March and more time deciding how to restructure their offices to ensure compliance. 

"I'm surprised by the fact that prosecutors have spent the majority of their time since these laws passed, it would appear, trying to figure out how to subvert the laws and roll them back instead of reorganizing their offices to implement these laws," George said.

Representatives for Gov. Andrew Cuomo have also rebuffed claims from prosecutors that they'll need more money to comply with the new laws, pointing to a series of new funding sources for counties that, they said, could easily foot the bill. 

"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," said Freeman Klopott, a spokesman for the state Division of Budget.

Cuomo and lawmakers, for example, approved a new tax on internet sales earlier this year that's expected to provide $160 million in new revenue to counties in New York.

Prosecutors, members of law enforcement, and Republicans in the state Legislature have also claimed the news laws limiting cash bail will allow potentially dangerous individuals to remain free while they await trial. 

New York's laws have never allowed a judge to consider someone's perceived 'dangerousness' in their decision to set bail. That didn't change under the new law.

Triplett said adding such a provision to the new bail law may have provided judges more discretion, but could have also put the civil rights of defendants at risk.

"What we've seen is that … we don't need to take a step back to be able to give judges more power to be able to intrude on people's liberties based on decisions that have not been fully vetted," Triplett said.

Assembly Speaker Carl Heastie, D-Bronx, said earlier this week that lawmakers are unlikely to change the new laws or delay their implementations, but didn't close the door on providing a short-term infusion of funds for localities to ensure a smooth transition.

The new laws are set to take effect at the beginning of January.

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