- Category: Press Releases
March 27, 2019
DISTRICT ATTORNEYS, CHIEFS OF POLICE AND SHERIFFS
CALL ON GOVERNOR AND LEGISLATURE TO ENACT
SENSIBLE CHANGES TO NEW YORK’S BAIL SYSTEM
Threats to public safety must be taken into account before releasing individuals
back into our communities
Albany, NY- The District Attorneys Association of New York (DAASNY), the New York State Sheriffs’ Association (NYSSA) and the New York State Association of Chiefs of Police (NYSACOP) join together in calling on the Governor and the Legislature to adopt sensible changes to New York State’s bail system that will benefit all the people of our State. The three Associations endorsed the recommendations of the New York State Justice Task Force on Bail Reform.
DAASNY, NYSSA and NYSACOP jointly agree that there should be a presumption of release in most instances for those who commit misdemeanor or non-violent felonies and who pose little or no flight risk. However, these law enforcement organizations believe that this presumption should be allowed to be rebutted for certain crimes or where there is a significant risk that a defendant will not return to court. In addition, with regard to the public safety of our residents and visitors, a judge should be permitted to consider whether a defendant poses a credible risk to an identifiable person or group of persons.
“We are supportive of some modifications to our current bail system. We believe that this is an appropriate path forward on bail reform,” said Oneida County Sheriff Rob Maciol, President of the New York State Sheriffs’ Association. “While we still believe that New York is as safe as it’s ever been under the existing bail system, we agree that there is always room for improvement, for us as law enforcement officials, and for the communities we serve.”
“District Attorneys agree with presumptive release of defendants in a majority of criminal cases and support presumptive release in many cases. But we want the opportunity to provide evidence to a court that an individual poses a threat to public safety or is likely to flee,” said DAASNY President Albany County District Attorney David Soares. “In rare instances those who pose a threat to public safety should be held until trial.”
“The New York State Association of Chiefs of Police believes that the determination of release should be left in the hands of Judges and Magistrates in the State of New York. Public safety dictates that we must allow courts to determine whether someone will pose a threat to our communities,” said Chief John Aresta President of NYSACOP.
DAASNY, NYSSA and NYSACOP have concluded that the recommendations of the Task Force, if properly executed, would result in meaningful, fair reform to the bail system in New York State without significantly compromising public safety. The Task Force’s proposal would create a presumption of release for most defendants, but would allow judges to remand individuals for pre-trial detention when aggravating circumstances are present. It would also allow judges to consider a person’s credible threat to public safety when making a determination whether pre-trial detention is appropriate. Also, the recommendations would not curtail a police officer’s existing discretion regarding whether to issue an appearance ticket or conduct an arrest.
DAASNY, NYSSA and NYSACOP urge the Governor and the Legislature to adopt the Justice Task Force recommendations on bail as a way of achieving improvements to the bail system, which we all desire.
For More Information:
- Category: Uncategorized
The 2019 edition of the Law Enforcement Handbook is now available for pre-order at the Blue360 site: https://www.blue360media.com/new-york-law-enforcement-handbook-w-lgs-standard-trim-size.html
- Category: Press Releases
The New York State Association of Chiefs of Police representing over five hundred Police Chiefs, Commissioners, Superintendents and other command level police executives, stands in opposition of the State’s intention to propose legislation that would legalize regulated marijuana in New York State.
As Police Officers, we are sworn to enforce Federal, State and Municipal laws and to protect the public. Marijuana is illegal under Federal law and is classified as a “Schedule 1” drug which means that the federal government views cannabis as highly addictive with no medical value.
The New England Journal of Medicine reports that “The epidemiological and preclinical data suggests that the use of marijuana in adolescence could influence multiple addictive behaviors in adulthood”. New York State is currently battling an Opioid epidemic with law enforcement and public health professionals on the frontline and it would be counterintuitive to condone the use of marijuana.
Aside from the numerous health related issues with the use of marijuana, we are concerned with how the legalization will impact public safety. Of great concern is traffic safety. New York has been making great strides in lowering traffic fatalities to the lowest numbers on record. In comparing data in Colorado (which legalized marijuana in 2013), the first year that marijuana was legalized traffic fatalities increased 62% in that one year.
The detection of impairment by drugs on the roadside must be performed by a certified Drug Recognition Expert, which is a law enforcement officer that has undergone at least two weeks of classroom training and an additional one week of practical field training. It is anticipated that law enforcement would have to add approximately 650 new Drug Recognition Experts to handle the necessity of the increase in suspected impaired drivers.
Most law enforcement agencies within New York State have twenty or less members. Without the appropriate funding from the State, the financial impact could be crippling to some municipalities.
In addition to the need for new DRE’s, legalizing regulated marijuana would necessitate retiring a large majority of Police K-9 dogs that are trained to detect marijuana, as their detection capabilities would no longer be admissible in court. The replacement of these K-9 officers could easily take 5-7 years and cost hundreds of thousands of dollars.
There has not been ample time or studies conducted in order to see what pitfalls may arise should marijuana be legalized in the state of New York. Only after bringing all stakeholders together for meetings, studies and dialog can an educated, informed decision be made.
Once again, I must emphasize that the New York State Association of Chiefs of Police is in opposition to the legalization of marijuana. I urge the State to proceed cautiously, learning from other states that have already suffered the deleterious effects of this decision, before moving forward with legalization in New York State.
Chief John Aresta
New York State Association of Chiefs of Police
See also the Westchester County Chiefs of Policed Association letter by clicking here.
- Category: Uncategorized
SAVE THE DATE
The New York State Association of Chiefs of Police 2019 annual Training Conference will be on July 21st - July 24th at the Hyatt Regency Rochester located at 125 East Main Street in Rochester, New York.
To register please click the link below
For Vendor Information, please click here.
- Category: Press Releases
FOR IMMEDIATE RELEASE: June 19, 2018
CONTACT: President Michael Lefancheck - firstname.lastname@example.org
In this press release, the New York State Association of Chiefs of Police (NYSACOP) expresses its concern about the current opiate crisis and its support for the enactment of the NYS Drug Take Back Act bill to combat the problem.
For more information, please view the press release by clicking here.
- Category: News
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