Report on 2015-16 Executive Budget Proposal, the Criminal Justice Reform Act of 2015

SUMMARY

In a report prepared with the input of six committees, the Association opposed a proposal in the 2015-16 State Executive Budget to create a Governor-appointed “independent monitor” to review grand jury investigations of cases involving the police-related death of an unarmed civilian. The independent monitor would then have the power to refer cases to the Governor for the purpose of appointing a special prosecutor when it was found that a district attorney inappropriately declined to prosecute or the grand jury presentation did not conform to the law. According to the report, the review by an independent monitor with a possible referral to a special prosecutor is an after-the-fact solution that is too cumbersome and distant from the time of the grand jury presentation to be of real value. If the goal is to assure the public that the process for handling cases of use of deadly force by police against unarmed civilians is fair and unbiased, further study and consideration should be given to the role of an independent special prosecutor in these cases.

BILL INFORMATION

A.3011 / S.2011, Article VII Budget Bill for Fiscal Year 2015-2015, the “Criminal Justice Reform Act”.  Related to criminal proceedings, the appointment of an independent monitor, reporting requirements and warrants

OUTCOME

Spring 2015 44th Street Notes: “Legislative Update: Passage of a State Budget”