Sheriffs back governor on discovery, mental health protections

New York Sheriffs’ Association Press Release

New York sheriffs are wading into the statehouse debate over proposed changes to discovery and involuntary commitment laws, urging lawmakers to approve what the sheriffs describe as Gov. Kathy Hochul’s “package of common-sense measures.”

“When it comes to criminal justice policy, we sometimes have different views than the governor’s office. But on discovery and involuntary commitment, we want New Yorkers to know that the governor is absolutely on the right track,” said Sheriff James B. Quattrone, the president of the New York State Sheriffs’ Association and the sheriff of Chautauqua County.

Quattrone took issue with critics of the proposed legislation who claim discovery and involuntary commitment should be sidelined from the budget so they can be debated later.

“Discovery has been the subject of debate in Albany for six years now,” he said. “Now is the time to pass this common-sense legislation that protects all New Yorkers while also protecting the constitutional rights of defendants to a fair trial.”

Ulster County Sheriff Juan Figueroa, the association's first vice president, said, “Gov. Hochul’s proposals are vitally important to public safety, and I salute her for standing firm in insisting that they be part of a final agreement on a state budget. Unfortunately, including these important measures in the budget negotiations appears to be the only practical way to get them done in a timely way.”

Albany County Sheriff Craig D. Apple Sr., a member of the association's executive committee, said, “Under the governor’s discovery proposal, law enforcement and district attorneys would still be required to work diligently toward providing all relevant material to the defense within tight time frames already established by law. But it would allow judges more leeway in making allowances when prosecutors – for good cause – cannot meet those time frames. Under current law, such failure all too often leads to automatic dismissal of the case, which is unfair to the victims and to the public.”

Oneida County Sheriff Rob Maciol, another member of the executive committee, said, “The governor’s bill would simply allow judges to do their job and grant appropriate remedies when discovery rules are not followed. Justice is not served, and crime victims suffer when otherwise meritorious cases are dismissed, especially when there have been good-faith efforts at timely and complete discovery.”

Quattrone added, “We need appropriate balance in criminal trials, between the rights of defendants and the rights of victims and society, and the governor’s bill would achieve that by returning a modicum of discretion to our judges in pre-trial discovery matters.”

Figueroa said, "The leadership of the Sheriffs’ Association recognizes that the budgetary process is the most practical avenue, at this time, for enacting this important public safety policy.”

Regarding the involuntary commitment measure, Apple observed that police officers have frequent encounters with individuals who are in such distress they are incapable of getting the mental health care they need and deserve.

“We see that this too often leads to a downward spiral, which ends with the unfortunate individual becoming involved in the criminal justice system,” he said. “It is better that we get these individuals help early on, even if they do not recognize their need for help. This legislation would be beneficial to them, their families and to society as a whole.”