Legislator Lopez urges changes to bail reform law

Posted 3/11/20

Ulster County Legislators will be considering a memorializing resolution at the March 17 session asking State Representatives to amend the discovery requirements enacted in the Bail and Discovery …

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Legislator Lopez urges changes to bail reform law

Posted

Ulster County Legislators will be considering a memorializing resolution at the March 17 session asking State Representatives to amend the discovery requirements enacted in the Bail and Discovery Reform measures included in the SFY 2020 Budget.

Legislator Craig Lopez (R-Shawangunk), a sponsor of the resolution, agrees that certain aspects of New York’s bail system were needed to correct incarceration inequities based solely on economic ability to pay bail but warns that the new standards for discovery imposed on prosecutors risk endangering crime victims, witnesses and first responders and puts an undue burden on prosecutor’s resources.

“The most alarming change is the requirement for prosecutors to provide the name and contact information of anyone with information relevant to the case. This includes victims, witnesses and first responders, as well as any statement made by someone with information relevant to the case within 15 days – regardless of if that person might ever testify during a trial,” said Lopez.

He feels this requirement leaves many victims and other individuals in a vulnerable situation and will ultimately discourage people from coming forward with information about a crime.

In addition to concerns about protecting victims and witnesses, Lopez pointed out the huge impact this change has had on the resources and abilities of the District Attorney’s office, county court officials and local city and town courts to comply.

Before, discovery was required prior to the start of a trial and only about 3% of all cases went to trial. Under the new law, prosecutors must provide the defense with all evidence it has access to within 15 days of all arraignments regardless if the case ever goes to trial. The discovery requirements also cover people accused of minor violations such as motor vehicle infractions and building violations as well as crimes.

If passed, the Ulster County Legislature’s resolution will join efforts to effect a change in the law by the New York State Conference of Mayors and other municipal leaders from across the state.

“I believe this law went far beyond its original purpose of bail reform,” said Lopez. “Our State representatives need to take immediate action to address, what I hope, were unintended consequences.”