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Franklin County Legislature urges state funding, opposes elements of Criminal Justice Reform Act
Summary
The Legislature passed a resolution urging Governor Cuomo and the state legislature to provide funding to cover costs of implementing the Criminal Justice Reform Act and separately adopted a resolution opposing key bail and discovery provisions, citing concerns about witness safety and prosecutorial burden.
The Franklin County Legislature adopted resolutions in November 2019 seeking financial help from the state and expressing opposition to aspects of the New York Criminal Justice Reform Act.
At the Nov. 7 meeting the Legislature passed a resolution imploring New York State to appropriate funds to help Franklin County cover added personnel, administrative and technical costs to comply with the CJRA, which the Legislature said takes effect Jan. 1, 2020. The sponsoring resolution cited the accelerated requirement that prosecutors turn over discovery material to defense counsel within 15 days of arraignment and noted concerns about witness safety if names and contact information are disclosed without adequate redaction.
At the Nov. 21 meeting the Legislature adopted a related resolution that more directly opposed "the concepts of the Bail Reform Act," stating the countys objections to eliminating cash bail for many misdemeanor and nonviolent felony offenses and to provisions the Legislature said allow defendants earlier access to crime-scene inspection. The resolution, offered by Chairman Donald Dabiew and others, directed the Clerk to transmit the resolution to Governor Andrew Cuomo and local state legislators.
Legislators argued the changes could strain county prosecutors and law enforcement and could deter witness cooperation. The resolutions do not change local court procedure; they are formal expressions of the Legislature's position and a request for state financial assistance to implement statutory changes.
