Governor Declares No Budget Without Criminal Justice Reforms

In an op-ed published by the Daily News, Governor Cuomo pledged that he would not sign a budget that does not include criminal justice reforms. Issues specifically mentioned were changes to the bail system, the right to a speedy trial, and the discovery process. The Governor argues that our current bail system disproportionately affects the poor who cannot afford bail and as a result are jailed until trial, which in some cases has taken as long as months or years to occur. The Governor advocates for a cashless bail system that would release those charged with crimes on their own recognizance or under a supervised release program, with prosecutors having the ability to petition the court in cases where the defendant is a risk to society or poses a flight risk. He also suggests the constitutional right to a speedy trial requires action to make certain those charged with crimes are afforded timely trials. Finally, the Governor declares the need to change the discovery process arguing that New York is one of only ten other states that allows prosecutors the ability to withhold evidence up until the day of trial.

The Governor said:

“The presumption of innocence is one of the cornerstones of the criminal justice system in the United States. This bedrock concept has been ratified by the Supreme Court; it is codified in the UN’s Universal Declaration of Human Rights. Even if your legal training is limited to watching cop shows on TV, you can quote this principle: a person is innocent until proven guilty… In New York, we believe in a more just society, and we know what we must do to achieve it. That’s why this year I will not sign a budget without criminal justice reform. Failing to take action would be criminal.”