Local Leaders Seek Changes to Bail Reform Legislation, Discovery Rules to Protect County Residents

Sheriff Imperati said, “We must return to judges the ability to remand a defendant based on their criminal history and potential threat to the community – a vital part of the criminal justice system that Albany stripped from judges when the current law was passed. Simply releasing defendants after they appear before a judge and await a court date brings the very real potential for more crime and violence to be committed in our communities – a potential that has all too often become a reality throughout our state and Dutchess County since cashless bail was implemented – putting the general public at risk. We ask our State lawmakers to give us, the dedicated men and women of law enforcement, the adequate resources and sensible, practical laws and guidelines to help us properly do our duty to protect and serve the residents of Dutchess County.”

The Acting Sheriff also noted the impact of the new discovery rules requiring extensive paperwork reporting, tying police officers to their desk rather than being able to be out protecting the community. Despite a team specifically assigned to the required paperwork, it has been challenging to keep up and has spread resources thin.

Sen. Serino expressed the fundamental obligation of New York Safety to provide for public safety for its citizens, but with the implementation of bail reform, the State is failing in that obligation. Sen. Serino said, "Since 2019, I have been leading the fight against New York's sweeping bail changes that put criminals ahead of law-abiding citizens. At the time, we warned that in the rush to reform, Albany's supermajority was putting victims – especially vulnerable domestic violence victims – directly in harm’s way by prohibiting judges from considering ‘dangerousness’ when determining whether an individual should be held, pre-trial. Unfortunately, today almost three years later, headline after headline continue to prove that our concerns were well-founded, not fear-mongering. New York is leaving victims vulnerable, and the unwillingness of Albany’s supermajority to acknowledge any need for change defies logic. It is far past time for Albany to put the safety of the people we serve over politics, and that starts by going back to the drawing board on bail reform."

In addition to changes to the bail system, district attorneys throughout the state have grappled with recent reform to the discovery process, as onerous timelines and protocols that accompanied the reform have forced prosecutors throughout New York to often drop prosecution of many cases they otherwise would take on if it were not for the resources tied up in meeting the new timelines and protocols. These new rules often put victims and witnesses at risk, necessitating many prosecutors to similarly drop charges and allowing defendants back on the streets, often to re-offend.

In 2020, for example, the Dutchess County District Attorney’s Office was forced to defer 30 percent of the cases it would have normally prosecuted because the State’s new arduous discovery rules and procedures made it impossible for staff to fulfill. Despite the addition of six new staff to form a new Discovery Unit, the District Attorney’s Office has struggled to keep up with the intensive work required to prosecute a case.

Chief Assistant District Attorney Matthew Weishaupt said, “We’re asking for sensible modification to bring these laws into line with what we need to make the system work effectively and not punish low-income people by putting them in jail, but to make our system work for all – for the victims and the safety of the community.”

To alleviate this problem, local leaders called on the State to expand the timelines for discovery, eliminate the ability for courts to grant defendants access to the homes of their victims during the discovery process, and reverse the requirement to share the contact of victims and witnesses with defendants.

Additionally, to preserve the safety of Dutchess County residents, County Executive Molinaro, Sheriff Imperati and other local leaders proposed additional reforms to these recent laws, including increasing funding for pre-trial service agencies and prosecutor’s offices that lack the resources and/or understaffed due to bail and/or discovery reform.

These proposals are just Dutchess County’s latest attempt to protect the community and its residents from the effects of bail and discovery reform

“New York State, in deciding how to address offenders, did not consider individual offender risk to the community in the creation of these laws, nor did lawmakers set forth metrics to evaluate the impacts of these laws. This was a glaring oversight that must be corrected,” said County Executive Molinaro.

Last month, County Executive Molinaro requested the County’s Criminal Justice Council (CJC) explore increasing transparency by disclosing daily reports that include data about pending criminal case and bail status of individuals who are re-arrested, following a similar directive made in Nassau County earlier this year. County Executive Molinaro requested the CJC research the issue and provide a recommendation for creating a report that provides information on defendants released with no bail who are re-arrested while pending a criminal charge.