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FINANCE

2025-02-13 JOINT LEGISLATIVE HEARING In the Matter of the 2025-2026 EXECUTIVE BUDGET ON PUBLIC PROTECTION Chair: Sen. Liz Krueger View full transcript → Archive

Wire Brief

The New York State Legislature held a marathon joint budget hearing on February 13, 2025, examining the Governor's proposed 2025-2026 Executive Budget for public protection agencies. The hearing, which lasted more than 12 hours, featured testimony from state officials, law enforcement unions, criminal justice advocates, and community organizations, revealing deep divisions over criminal justice policy and significant operational challenges across multiple agencies. A central point of contention was the Governor's proposed changes to New York's 2020 discovery law, which requires prosecutors to share evidence with defendants. Defense attorneys and innocence advocates argued the changes would undermine protections against wrongful convictions, citing data showing zero exonerations due to withheld evidence since the 2020 reform. District attorneys countered that discovery compliance has created operational burdens, particularly in New York City, leading to case dismissals on technical grounds. The debate highlighted a fundamental disagreement about whether the law is working as intended or needs modification. The Robert Brooks murder at Marcy Correctional Facility dominated corrections-related testimony. Commissioner Daniel Martuscello outlined reform efforts including $400 million for fixed cameras and $18.4 million for body-worn cameras, while acknowledging the department is critically understaffed with over 2,200 correction officer vacancies. Robert Ricks, Brooks' father, delivered emotional testimony calling for an independent special prosecutor to handle crimes by correctional staff and reform of the statute of limitations for prisoner lawsuits. He criticized the current system as fundamentally broken, noting that officers involved in the killing had prior histories of abuse. Law enforcement unions painted a dire picture of recruitment and retention crises. The NYPD is nearly 7,000 officers short of peak staffing, with 246 members quitting or retiring monthly. The State Police reported struggling to fill investigator positions, with one official stating bluntly: "If good people don't take these jobs, bad people will." Corrections officers described working mandatory 16-hour shifts and 24-hour shifts, with one union president saying the working conditions "suck." These agencies attributed staffing problems to low pay, inadequate benefits, and the impact of recent criminal justice reforms. Immigration enforcement emerged as a significant concern, with advocates warning that recent ICE enforcement actions and the rollback of "sensitive locations" policies are creating fear in immigrant communities. Organizations testified that immigrants are afraid to go to work, school, and seek medical care. They requested $165 million in immigration legal services funding and urged passage of the Access to Representation Act and BUILD Act. The Judiciary requested $3 billion with a $171.2 million base increase and $97 million in additional funding. Chief Administrative Judge Joseph Zayas emphasized the need for more judges and court staff to address backlogs, particularly in New York City. He noted that discovery compliance rates differ significantly between the city and upstate, though he defended the 2020 discovery law as necessary and important. Civil legal services providers testified about a recruitment and retention crisis driven by wage gaps with government agencies. Civil legal services attorneys earn 25-38% less than their government counterparts. The hearing also featured testimony about the domestic violence services crisis, with advocates warning that programs face an "existential crisis" due to reliance on federal funding that may be cut or restricted. The hearing revealed the Legislature faces difficult choices balancing public safety, criminal justice reform, and operational needs of state agencies. While some lawmakers expressed support for discovery law changes and bail reform modifications, others defended the 2020 reforms as working as intended. The staffing crises across law enforcement and corrections agencies suggest that without significant investment in recruitment and retention, public safety could be further compromised. NEW YORK — A community organizer and formerly incarcerated individual testified before the state Senate Finance Committee on Thursday in support of four criminal justice reform measures, citing public polling and recidivism data to argue for legislative action on sentencing reform and court fee elimination. Tom Gant of the Center for Community Alternatives urged lawmakers to include the Second Look Act (S158), the Earned Time Act (S352), and the End Predatory Court Fees Act (S318) in the 2025-2026 executive budget. He also opposed the Governor's proposal to undo discovery reform protections. Gant testified that New York incarcerates over 30,000 people, 75 percent of whom are Black and brown, many aging with chronic health issues. He cited polling showing 68 percent of New Yorkers support second-look legislation and 74 percent support earned-time measures. "Now is the time for New York to move toward the remedy for sentence reform," Gant said. "Now is the time to move forward to giving incarcerated citizens hope." The Second Look Act would allow judges to reconsider excessive sentences, while the Earned Time Act would incentivize rehabilitation and reduce sentences based on good behavior. Gant argued the court fees bill would stop "criminalizing poverty" by eliminating mandatory surcharges that disproportionately burden Black and brown New Yorkers. Alyssa Bradley of the Center for Employment Opportunities reported that her organization's program reduces recidivism by up to 22 percent and helps 52 percent of participants maintain employment for up to one year post-placement. Senators expressed support for the measures. Chairwoman Liz Krueger stated the Senate is "a partner in the Assembly" on criminal justice reform goals. Sen. Myrie asked pointed questions about recidivism outcomes, signaling engagement with evidence-based policy. The hearing concluded at 8:29 p.m. on February 13.

Topic Summary

This joint legislative hearing examined the Governor's proposed 2025-2026 Executive Budget for public protection agencies, including the judiciary, corrections, law enforcement, and related services. Key topics included discovery law reform, bail reform, staffing crises across law enforcement and corrections, immigration enforcement, domestic violence services, and reentry programs. Testimony revealed significant concerns about prison violence, police recruitment and retention, and the impact of recent criminal justice reforms.

Testimony (31)

Chief Administrative Judge Joseph Zayas agency_official informational
New York State Office of Court Administration
Judge Zayas presented the Judiciary's budget request of $3 billion with a $171.2 million base increase and $97 million in additional funding. He discussed court backlogs, discovery compliance issues, problem-solving courts, and the need for additional judges and court staff. He emphasized the importance of discovery reform while noting implementation challenges, particularly in New York City.
Tom Gant advocate supportive
Center for Community Alternatives; formerly incarcerated
Gant testified in strong support of three criminal justice reform bills (S158, S352, S318) and opposed the Governor's proposal to undo discovery reform. He argued these measures would provide hope to incarcerated individuals and families, promote rehabilitation over punishment, and address racial inequities in the justice system. He emphasized that New York incarcerates over 30,000 people, 75 percent of whom are Black and brown, many aging with chronic health issues.
Patricia Warth agency_official supportive
New York State Office of Indigent Legal Services
Director Warth testified about the critical need for Family Court representation funding. She presented the story of Michele, a woman who pleaded guilty without counsel in 1995 and lost 29 years of opportunities. She requested $50 million annually for Family Court representation and opposed a $234 million sweep from the Indigent Legal Services Fund.
Alyssa Bradley agency_official informational
Center for Employment Opportunities (CEO)
Bradley responded to Sen. Myrie's question about recidivism outcomes for CEO program participants. She reported that evidence-based reports show the program reduces recidivism by up to 22 percent and tracks participants for up to one year post-placement, providing job support and career advancement opportunities. She noted that 52 percent of participants maintain employment for up to one year.
Robert H. Tembeckjian agency_official informational
New York State Commission on Judicial Conduct
Administrator Tembeckjian reported that the Commission received 3,250 complaints against judges last year and publicly disciplined 24 judges, with 16 removed from office. He discussed the need for legislation to address judges who resign to evade discipline and highlighted the case of former Judge Erin Gall.
Joseph J. Popcun agency_official informational
New York State Division of Criminal Justice Services
Executive Deputy Commissioner Popcun presented DCJS's $850 million budget, highlighting gun violence reduction efforts, the GIVE initiative, and community-based programs. He reported that gun violence decreased 53% in GIVE jurisdictions and 42% in New York City from 2021 peaks.
Daniel F. Martuscello agency_official informational
New York State Department of Corrections and Community Supervision
Commissioner Martuscello addressed the murder of Robert Brooks at Marcy Correctional Facility and outlined reform efforts including body cameras, fixed cameras, and expansion of the Office of Special Investigations. He discussed staffing shortages, medication-assisted treatment expansion, and reentry initiatives.
Steven G. James agency_official informational
New York State Division of State Police
Superintendent James discussed State Police recruitment challenges, border security initiatives, organized retail theft task force, and gun violence reduction efforts. He reported 1,706 illegal guns seized in 2024, a 160% increase from 2018.
Dru Rai agency_official informational
New York State Office of Information Technology Services
CIO Rai presented ITS's $174 million budget increase, including funding for cybersecurity, modernization projects, and AI governance. He discussed the Joint Security Operations Center protecting 95,000 computers and efforts to address past overtime abuses.
Terence O'Leary agency_official informational
New York State Division of Homeland Security and Emergency Services
Executive Deputy Commissioner O'Leary discussed emergency preparedness, wildfire response, and cybersecurity threats. He reported 32 tornadoes in 2024, over 122 wildfires, and 21,000 structure fires resulting in 130 deaths.
Robert Lee Ricks public opposed
Father of Robert Brooks
Mr. Ricks testified about the murder of his son Robert Brooks at Marcy Correctional Facility in December 2024. He called for systemic reform, an independent special prosecutor for crimes by correctional staff, and changes to the statute of limitations for prisoners filing lawsuits.
Alice Fontier advocate opposed
The Legal Aid Society of New York City
Project Managing Attorney Fontier testified in support of discovery reform and against proposed changes. She argued that discovery reform has worked to prevent wrongful convictions and that proposed changes would undermine accountability.
Amanda Wallwin advocate opposed
Innocence Project
State Policy Advocate Wallwin presented data on wrongful convictions and the impact of discovery reform. She urged the Legislature to omit Part B of the Governor's discovery proposal from the budget.
Rosie Wang advocate supportive
Vera Institute of Justice
Program Manager Wang testified on the need for $165 million in immigration legal services funding and urged passage of the Access to Representation Act and BUILD Act. She also expressed concerns about discovery and involuntary hospitalization proposals.
Tania Wagnac advocate supportive
New York Immigration Coalition
Senior Manager Wagnac testified about the need for $165 million in immigration legal services funding and the impact of recent ICE enforcement actions on immigrant communities. She discussed the rollback of sensitive locations policies and called for passage of the Access to Representation Act.
Luba Cortes advocate supportive
Make the Road New York
Civil Rights and Immigration Lead Organizer Cortes testified about the impact of ICE enforcement on immigrant communities and the need for the New York for All Act. She discussed how fear of deportation is affecting work, school attendance, and community safety.
Darcel Clark advocate supportive
Bronx County District Attorney
DA Clark testified in support of the Governor's proposed discovery law revisions, characterizing them as minor tweaks rather than rollbacks. She discussed the challenges of discovery compliance and the need for balanced sanctions.
Mary Pat Donnelly advocate supportive
Rensselaer County District Attorney
DA Donnelly testified about the challenges of discovery implementation upstate and the need for proposed revisions. She discussed the difficulty of prosecuting drugged driving cases and the impact of discovery on case dismissals.
Kevin Stadelmaier advocate opposed
New York Association of Criminal Defense Lawyers
President-elect Stadelmaier testified that the Governor's discovery proposals are a full repeal of the 2020 discovery law, not minor tweaks. He presented data showing dismissal rates have not increased significantly and urged passage of the Myrie bill.
James M. McGhan advocate supportive
Chief Defender Association of New York
President McGhan testified about the need for $50 million annually for Family Court representation and opposed the sweep of Indigent Legal Services funds. He also discussed the importance of discovery law and the need for COLA increases.
Susan C. Bryant advocate opposed
New York State Defenders Association
Executive Director Bryant testified about the need to restore funding for the Defenders Association and opposed the discovery law changes. She urged the Legislature to omit Part B from the budget.
Patrick Hendry advocate supportive
Police Benevolent Association of New York City
President Hendry testified about the NYPD staffing crisis, with nearly 7,000 officers short of peak staffing. He discussed the need to restore 20-year service retirement for officers hired since 2009 and the impact of staffing shortages on response times.
Timothy M. Dymond advocate supportive
New York State Police Investigators Association
Executive Director Dymond testified about recruitment and retention challenges for State Police investigators. He discussed the burden of discovery compliance on investigators and the need for solutions.
Chris Summers advocate opposed
New York State Correctional Officers & Police Benevolent Association
President Summers testified about the staffing crisis in DOCCS, mandatory overtime, and the need for HALT law revisions. He discussed recruitment and retention challenges and the impact on officer morale.
Kristin Brown advocate supportive
Empire Justice Center
President and CEO Brown testified about the civil legal services recruitment and retention crisis and the need for increased funding. She discussed the loss of experienced attorneys to government agencies and the impact on service capacity.
Sal F. Curran advocate supportive
New York Legal Services Coalition
Executive Director Curran testified about the recruitment and retention crisis in civil legal services. He presented data showing civil legal services attorneys earn 25-38% less than government counterparts.
Joan F. Gerhardt advocate supportive
New York State Coalition Against Domestic Violence
Director Gerhardt testified about the domestic violence services crisis, including funding issues, staffing shortages, and the impact of federal funding uncertainty. She proposed a $200 million program to address the broken system.
Theresa Hobbs advocate supportive
New York State Dispute Resolution Association
Executive Director Hobbs testified about the Community Dispute Resolution Centers network, which serves all 62 counties. She discussed the effectiveness of ADR and requested $3 million in funding.
Hailey Nolasco advocate supportive
Center for Justice Innovation
Senior Director Nolasco testified about Community Justice Centers and their role in reducing community violence. She requested support for expansion in the Bronx, Staten Island, and New Rochelle.
Alyssa Bradley advocate supportive
Center for Employment Opportunities
Policy Manager Bradley testified about CEO's reentry employment services and the need for increased funding. She discussed the organization's work with formerly incarcerated individuals and the need for immediate financial assistance upon release.
Thomas Gant advocate supportive
Center for Community Alternatives
Community Organizer Gant testified about the Center for Community Alternatives' work on reentry and criminal justice reform.

Senator Engagement (20)

Senator Engagement Stance Focus Areas Summary
Sen. Anthony H. Palumbo skeptical Second Look Act implementation Guardianship reform Bail reform and dangerousness consideration Discovery law changes Drugged driving prosecution
Sen. Brad Hoylman-Sigal supportive ICE enforcement in courthouses Judicial independence and separation of powers Problem-solving courts Judicial security Protect Our Courts Act Sen. Hoylman-Sigal asked detailed questions about ICE enforcement protocols and judicial security. He expressed strong support for the Protect Our Courts Act and problem-solving courts, and raised concerns about federal executive overreach.
Sen. Cordell Cleare skeptical Body camera penalties Racial bias in corrections Medical records digitization Sen. Cleare asked about penalties for not wearing body cameras and racial bias issues in corrections.
Sen. Daniel G. Stec neutral Ammunition background check database Cyber threat landscape Incident response capabilities Prison staffing and safety Sen. Stec asked about the ammunition background check database and cybersecurity threats. He also raised concerns about prison staffing and safety.
Sen. Dean Murray skeptical Public confidence in courts Bail reform and dangerousness Police recruitment and retention Burnout and mental health Lithium-ion battery fires Sen. Murray expressed concern about public confidence in the judicial system and the impact of bail reform on public safety. He asked about police morale and recruitment challenges.
Sen. Gustavo Rivera neutral Medication-assisted treatment Medicaid eligibility ICE detention policies Sen. Rivera asked rapid-fire questions about MAT, Medicaid eligibility, and ICE detention policies in correctional facilities.
Sen. Jessica Scarcella-Spanton neutral Discovery implementation Family Court facilities ERPO implementation Pension benefits for NYPD Sen. Scarcella-Spanton asked about discovery implementation and the Staten Island Family Court project. She also sponsored legislation on NYPD pension benefits.
Sen. Julia Salazar skeptical Prison violence and accountability DOCCS disciplinary processes Camera installation timelines Prison closures HALT implementation Fentanyl exposure incidents Sen. Salazar asked critical questions about DOCCS accountability mechanisms and the effectiveness of proposed reforms. She focused on the Robert Brooks case and systemic issues in correctional facilities.
Sen. Kristen Gonzalez neutral ITS overtime abuse AI governance and inventory Cybersecurity modernization Domestic terrorism threats Hate crime funding Sen. Gonzalez asked detailed questions about ITS budget increases, AI governance, and cybersecurity. She also questioned hate crime funding levels.
Sen. Krueger supportive criminal justice reform Senate-Assembly coordination Chairwoman Krueger stated for the record that the Senate is a partner with the Assembly on criminal justice reform goals, signaling institutional support for the legislation discussed.
Sen. Liz Krueger neutral SNAP card fraud and chip card implementation Raise the Age funding disparities Forensic bed capacity Lithium-ion battery fires Judicial independence and rule of law ICE enforcement in courthouses Chair Krueger asked substantive questions about implementation challenges and data collection across multiple agencies. She expressed concern about SNAP fraud and the need to move to chip cards, and questioned the adequacy of forensic bed capacity in the state.
Sen. Myrie supportive recidivism rates program outcomes policy implications of employment programs Sen. Myrie asked a pointed question about CEO's recidivism outcomes and their policy implications, indicating active engagement with evidence-based criminal justice reform and employment programs. He expressed appreciation for Gant's ongoing work.
Sen. Persaud supportive CEO work in her district housing developments Sen. Persaud expressed appreciation for CEO's work in her district and indicated support for their budget request, expressing interest in expanding their programs to additional housing developments.
Sen. Pretlow supportive criminal justice reform bail reform systemic issues in criminal justice Sen. Pretlow (identified as Chairman) expressed support for the criminal justice reform legislation discussed and noted the Assembly's ongoing efforts to correct systemic issues, characterizing it as a work in progress that should move faster.
Sen. Rob Rolison skeptical Second Look Act Crime victims' rights Judicial conduct and ethics Sen. Rolison expressed concern about the Second Look Act's impact on crime victims and questioned whether the judiciary should be weighing in on pending legislation.
Sen. Roxanne J. Persaud neutral Prison culture and accountability Marcy Correctional Facility closure Sen. Persaud asked about prison culture and whether closing Marcy would address systemic issues.
Sen. Shelley B. Mayer neutral Protect Our Courts Act implementation Virtual court appearances Family Court representation Sen. Mayer asked about the implementation of the Protect Our Courts Act in town and village courts and expressed concern about virtual Family Court appearances for unrepresented litigants.
Sen. Siela A. Bynoe neutral Early intervention systems for officers Educational programs in jails Sen. Bynoe asked about early intervention systems for identifying problematic officers and educational programs in correctional facilities.
Sen. Thomas F. O'Mara neutral State Police personnel file FOIL requests Bail reform and public safety Sen. O'Mara asked about the implementation of FOIL requests for State Police personnel files and the notification process for affected officers.
Sen. Zellnor Myrie neutral Discovery reform and compliance Gun violence prevention Mass shooting response Subway crime initiative Immigration enforcement Parole officer deployment Sen. Myrie asked probing questions about discovery compliance disparities, gun violence prevention strategies, and the impact of recent federal immigration enforcement changes. He sought data-driven answers and expressed concern about the effectiveness of various initiatives.

Referenced Bills