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With the new budget focused on coronavirus, Cuomo wisely forced in changes to the criminal justice bail reform. I think this is a step in the right direction:
15 new bail-eligible categories added to the list:
Burglary in the second degree when charged with entering the living area of a home
Sex trafficking or sex trafficking of a child
Money laundering in support of terrorism
Promoting an obscene sexual performance by a child
Any crime that is alleged to have caused the death of another person
Criminal obstruction of breathing or blood circulation, strangulation in the second degree or unlawful imprisonment in the first degree when committed against a member of the defendant’s family or household
Vehicular assault in the first degree and aggravated vehicular assault
Assault in the third degree and arson in the third degree when charged as a hate crime
Aggravated assault upon a person less than 11 years old and criminal possession of a weapon on school grounds
Grand larceny in the first degree, enterprise corruption and money laundering in the first degree
Failure to register as a sex offender or endangering the welfare of a child when one is designated a level three sex offender
Bail jumping in the third , second or first degree or escape in the third , second or first degree
Any felony offense committed while serving a sentence of probation or while released to post-release supervision
Any felony committed by a “persistent felony offender”
Any felony or class A misdemeanor involving harm to an identifiable person or property committed while charges are pending on another felony or class A misdemeanor involving harm to an identifiable person or property
This clearly doesn't go far enough though, there should be specific language about jailing people who commit crimes while out on no-bail release for any crime, not just "felony or class A misdemeanor involving harm"
With the new budget focused on coronavirus, Cuomo wisely forced in changes to the criminal justice bail reform. I think this is a step in the right direction:
15 new bail-eligible categories added to the list:
Burglary in the second degree when charged with entering the living area of a home
Sex trafficking or sex trafficking of a child
Money laundering in support of terrorism
Promoting an obscene sexual performance by a child
Any crime that is alleged to have caused the death of another person
Criminal obstruction of breathing or blood circulation, strangulation in the second degree or unlawful imprisonment in the first degree when committed against a member of the defendant’s family or household
Vehicular assault in the first degree and aggravated vehicular assault
Assault in the third degree and arson in the third degree when charged as a hate crime
Aggravated assault upon a person less than 11 years old and criminal possession of a weapon on school grounds
Grand larceny in the first degree, enterprise corruption and money laundering in the first degree
Failure to register as a sex offender or endangering the welfare of a child when one is designated a level three sex offender
Bail jumping in the third , second or first degree or escape in the third , second or first degree
Any felony offense committed while serving a sentence of probation or while released to post-release supervision
Any felony committed by a “persistent felony offender”
Any felony or class A misdemeanor involving harm to an identifiable person or property committed while charges are pending on another felony or class A misdemeanor involving harm to an identifiable person or property
This clearly doesn't go far enough though, there should be specific language about jailing people who commit crimes while out on no-bail release for any crime, not just "felony or class A misdemeanor involving harm"
The following is only my opinion:
Including repeat offenders of any category A,B,C,D, etc... would be a wise
move to prevent the incorrigible from graduating to another class of the alphabet.
Burglary in the second degree when charged with entering the living area of a home
Doesn't go far enough. A thug who breaks into a store still gets put back on the street in a minute.
Quote:
Grand larceny in the first degree, enterprise corruption and money laundering in the first degree
Is auto-theft included under this provision?
Were any changes made to the 'discovery' portion of the law? As it stands now a thug and his lawyer can visit the crime scene, even if it is in a private apartment/home.
Were any changes made to the 'discovery' portion of the law? As it stands now a thug and his lawyer can visit the crime scene, even if it is in a private apartment/home.
Yes, discovery part was changed such that prosecution has to hand over everything in 20 days instead of 15, but only if the suspect is held. If the suspect is released then they have 35 days. I believe if the crime is gang related they are now allowed to withhold certain information
"With the new budget focused on coronavirus, Cuomo wisely forced in changes to the
criminal justice bail reform. I think this is a step in the right direction [...] This clearly
doesn't go far enough though, there should be specific language about jailing people
who commit crimes while out on no-bail release for any crime, not just "felony or class
A misdemeanor involving harm"
“15 new bail-eligible categories added to the list:”
Burglary in the second degree when charged with entering the living area of a home.
Sex trafficking or sex trafficking of a child.
Money laundering in support of terrorism.
Promoting an obscene sexual performance by a child.
Any crime that is alleged to have caused the death of another person
Criminal obstruction of breathing or blood circulation, strangulation in the second degree or
unlawful imprisonment in the first degree when committed against a member of the defendant’s
family or household.
Vehicular assault in the first degree and aggravated vehicular assault.
Assault in the third degree and arson in the third degree when charged as a hate crime.
Aggravated assault upon a person less than 11 years old and criminal possession of a weapon on school grounds.
Grand larceny in the first degree, enterprise corruption and money laundering in the first degree.
Failure to register as a sex offender or endangering the welfare of a child when one is designated a level three sex offender.
Bail jumping in the third, second or first degree or escape in the third, second or first degree.
Any felony offense committed while serving a sentence of probation or while released to post-release supervision.
Any felony committed by a “persistent felony offender.”
Any felony or class A misdemeanor involving harm to an identifiable person or property committed while charges are pending
on another felony or class A misdemeanor involving harm to an identifiable person or property.
What concerns me is a felony concerning drugs (i.e., possession). We should be treating such things as a public health issue and not a criminal justice issue. If someone for instance has an relapse, is it really wise to send them back to jail when they should be getting treatment instead? As for selling, total double standard we have in our society.
What concerns me is a felony concerning drugs (i.e., possession). We should be treating such things as a public health issue and not a criminal justice issue. If someone for instance has an relapse, is it really wise to send them back to jail when they should be getting treatment instead? As for selling, total double standard we have in our society.
I think the drug user treatment things is a whole other issue that they are already doing instead of jail
I think the drug user treatment things is a whole other issue that they are already doing instead of jail
I'm not sure about that because of: #13-Any felony offense committed while serving a sentence of probation or while released to post-release supervision.
The possession of psychedelics, cocaine, and certain pills (if you don't have a prescription), etc., can land you a felony charge. If you are on probation and let's say you have a relapse and somehow get searched, that's another felony charge.
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