The Village of Le Roy has adopted a resolution asking the state Legislature to reform its reform on how and when evidence is turned over to a criminal defendant.
The resolution, introduced by Trustee Ray Yacuzzo, was passed unanimously.
It argues in the "whereas" clauses that criminal justice reform is placing an unfair economic burden on small municipalities while acknowledging that reform was needed.
"It is widely recognized that several of the drastic changes in the laws pertaining to discovery are overly broad and vague and are having unintended consequences at the municipal level," the resolution reads.
It opposes the shortened time frame prosecutors and local law enforcement agencies have to disclose evidence and the broad expansion of information that must now be disclosed.
The changes "will have a significant cost, tax, and justice implications for cities and villages with police departments, local justice courts or code/parking enforcement departments," the resolution reads.
Not only do the changes give prosecutors only 15 days to gather and review evidence, but the law greatly expands the amount of evidence that must be turned over to the defense.
The 20-day mandate for court appearances is also an undue burden on local justice courts that are only in session once a month.
Local municipal governments are expected to bear the burden of the reforms without any assistance from the state, yet they are unable to increase revenue enough to shoulder the new expenses because of the 2-percent tax cap.
- The resolution asks for the following changes to the law:
- Ensure cities and villages are provided with financial assistance;
- Allow 60 days for prosecutors to disclose evidence;
- Exclude from accelerated discovery any charges that are not a misdemeanor or felony;
- Extend the arraignment requirement to 45 days;
- Allow prosecutors to withhold sensitive information from disclosure such as victim contact information.
