FINANCE
Wire Brief
The New York State Judiciary requested $3.3 billion in operating spending for fiscal year 2023-2024, with Chief Administrative Judge Tamiko Amaker emphasizing the need to restore court operations depleted by pandemic-related staffing losses and address mounting case backlogs during a joint legislative budget hearing Tuesday. Judge Amaker told the Senate Finance and Assembly Ways and Means committees that the Judiciary lost nearly 2,900 nonjudicial employees—approximately 17 percent of its workforce—between 2010 and the end of 2021, with the exodus accelerated by a hiring freeze during the pandemic. The budget request includes funding for 20 new Supreme and Family Court judgeships, a 3 percent increase in civil legal services funding, and implementation of collective bargaining agreements costing $130 million retroactively. Judge Amaker cited significant backlogs: approximately 81,000 cases in New York City Family Court, 21,000 in Criminal Court, and 11,000 to 12,000 in Criminal Supreme Court. She highlighted a Gun Parts initiative that resolved 2,600 cases and emphasized judicial security concerns, noting a 40 percent increase in threats against judges from 2020 to 2022. Senate Judiciary Committee Chair Brad Hoylman-Sigal pressed Judge Amaker on whether judicial training on criminal justice reforms should be mandatory statewide, expressing concern that some judges may not be complying with bail reform laws. He also questioned whether training materials should be shared with the Legislature and whether the judicial selection process should be more transparent. Judge Amaker acknowledged that while training is mandatory in New York City Criminal Court, it is not mandatory outside the city, though she noted the overwhelming majority of judges participate. Assembly Judiciary Committee Chair Charles Lavine raised concerns about assigned counsel compensation caps, noting that at the proposed rate of $158 per hour in the metropolitan area, attorneys on a two-week trial could exceed the anticipated $10,000 case cap. Judge Amaker acknowledged this would need to be examined. Lavine also urged expansion of the Gun Parts program beyond New York City, calling gun violence a national pandemic. Judge Amaker expressed strong support for the proposed Judicial Protection Act, which would remove judges' personal information from public records, citing the chilling effect of threats on judicial recruitment and safety.
NEW YORK — The Office of Court Administration defended its 2023-2024 budget request during a joint legislative hearing Tuesday, with Acting Chief Administrative Judge Amaker facing pointed questions about security details for a former chief judge, court backlogs, and implementation of bail reform.
Sen. Mike Gianaris (D) aggressively questioned who approved ongoing security protection for the former chief judge, pressing Amaker on whether it was appropriate for OCA to provide such protection to a former employee. Amaker explained that over 50 threats had been investigated against the former judge, including a 2018 incident where a litigant stalked her to her vacation home and restaurant. Gianaris remained skeptical, arguing that law enforcement has protocols for protecting threatened New Yorkers and questioning why OCA should make that determination for someone no longer in the judiciary. Amaker declined to confirm whether the security detail was still active, citing safety concerns.
The hearing also focused on court backlogs, which Amaker attributed largely to COVID-19 pandemic restrictions. He reported that OCA processed 2.1 million filings and resolved nearly 2.1 million cases in the past year, but acknowledged significant backlogs remain in Criminal Term Supreme Court, Family Court, Housing Court, and Surrogate's Court. The OCA is requesting $43 million in additional appropriations for an 18-B attorney rate increase and funding for approximately 20 new judges.
Sen. Jamaal Bailey (D) questioned whether judges were properly trained on recent bail reform changes, particularly the "harm on harm" provision enacted in May 2022. Amaker confirmed judges received mandatory training on May 6, 2022, three days before the provision took effect, with updates distributed in April.
Assemblyman Morinello raised concerns about Raise the Age legislation, noting that sealed Family Court records prevent law enforcement from assessing dangerousness when investigating individuals over 18. Amaker responded that judges are not permitted to consider dangerousness under New York law, a restriction he acknowledged puts the state out of step with most other states.
Sen. Kevin Thomas (D) highlighted a specific problem in Housing Court: judges are still applying 9 percent judgment interest despite a 2011 law reducing the rate to 2 percent for consumer debt matters. He called it a "miscarriage of justice" and requested immediate rectification.
The hearing, held before the Senate Finance Committee and Assembly Ways and Means Committee, revealed tensions between the Legislature's oversight role and the judiciary's independence, with lawmakers pressing for accountability while Amaker repeatedly noted that judges cannot be directed in their decision-making.
NEW YORK — Acting Chief Administrative Judge Amaker faced pointed questioning from state legislators on February 7 during a joint budget hearing, with lawmakers challenging the judiciary's commitment to diversion courts, judicial training on new laws, and access to legal services for low-income New Yorkers.
Sen. Ramos directly challenged Judge Amaker over the judiciary's $2 million budget allocation for diversion courts, noting that an additional $15 million could expand the programs statewide beyond Brooklyn and Ontario counties where they currently function. "How committed are you if you're not proposing an expansion in your budget?" Ramos asked, citing that incarceration costs slightly more than half a million dollars per person. Judge Amaker attributed the lack of expansion to declining usage of diversion courts, saying parties must be willing to participate.
Chairwoman Krueger engaged in an extended exchange on judicial training, arguing that judges should face mandatory continuing education requirements on new laws—similar to requirements for doctors, lawyers, and legislators—with testing to verify competency. She expressed skepticism that judges automatically understand new legislation, noting that the judiciary cannot assume judges know current laws simply because they have been elected. Judge Amaker defended the judiciary's training efforts, noting that implicit bias and sexual harassment training are already mandatory.
Assemblyman Burgos raised concerns about mandatory court fees and surcharges, citing a 2017 New York City Comptroller report showing 139,000 surcharges totaling nearly $19 million imposed in criminal court. He questioned whether the court system was becoming dependent on fee collection, comparing it to the Ferguson, Missouri police department's "policing for profit" practices. Judge Amaker stated the judiciary's budget is not dependent on court fees but acknowledged collecting $500 million annually across all courts.
Sen. Hoylman-Sigal pressed the judge on Housing Court access to counsel, noting that constituents are being evicted without attorneys despite New York City's right to counsel law. Judge Amaker said a Housing Court Working Group is working on caseload determinations but could not provide a specific timeline for results.
Assemblyman Epstein criticized the proposed 3 percent increase in civil legal services funding ($115 million to $116 million), arguing it was insufficient given increased poverty and legal service needs across the state. Judge Amaker attributed the modest increase to recruitment challenges rather than funding constraints.
The hearing, held before the Senate Finance Committee and Assembly counterparts, focused on the 2023-2024 executive budget for public protection. The Governor proposed a $121 million increase to the courts overall.
NEW YORK STATE LEGISLATURE — A joint legislative hearing on the 2023-2024 Executive Budget for public protection revealed stark disparities in state funding for criminal defense versus Family Court representation, with officials warning of potential constitutional liability similar to the landmark Hurrell-Harring lawsuit.
Patricia Warth, director of the Office of Indigent Legal Services, testified that while criminal defense has benefited from significant state investment since 2018—resulting in lower attorney caseloads and increased spending per case—Family Court representation remains critically underfunded. Attorneys in Family Court cases carry caseloads significantly higher than their criminal defense counterparts and receive less than half the spending per case, Warth said. She requested $28 million in additional Family Court funding but the Executive Budget includes only $4.5 million.
"What we are talking about in practical terms is brown and Black families being torn apart," Warth testified, noting that inadequate legal representation in Family Court leads to higher rates of children being removed from parents and placed in foster care, with disproportionate impact on families of color.
Warth also criticized the Governor's proposed 18-B assigned counsel rate increase, which has not been raised since 2004. While the Executive Budget proposes increases, Warth identified "fundamental flaws," including a geographic disparity paying upstate attorneys $119 per hour versus $158 downstate, case caps that discourage quality representation, and lack of state funding for the increases. She urged legislators to eliminate the geographic distinction, remove case caps, provide state funding, and establish a mechanism for periodic increases.
Robert Tembeckjian, administrator of the Commission on Judicial Conduct, reported record disciplinary activity in 2022, with 2,400 complaints received and 25 judges publicly disciplined—the highest number since 2009. However, he highlighted a critical vulnerability: judges can evade discipline by resigning. Tembeckjian noted that judges resign to avoid accountability at least twice yearly, sometimes even after disciplinary hearings have begun. He pointed out that New York is an outlier among 38 states that make disciplinary proceedings public once formal charges are filed and allow continued jurisdiction over judges who resign after charges are brought.
Sen. Brad Hoylman-Sigal pressed Tembeckjian on transparency, noting that if a judge misused state resources—as reportedly occurred earlier in the day—and then resigned, "they're scot-free." Tembeckjian confirmed the jurisdiction gap, saying "If the judge has left office, our jurisdiction is gone."
Assemblyman Lavine asked whether judges often resign due to misconduct investigations. Tembeckjian acknowledged it "is often the case" that early resignation by judges facing news reports of potential misconduct is "at least a factor in their early departure."
The hearing, held Feb. 7 before the Senate Finance Committee and Assembly Ways and Means Committee, underscored legislative frustration with systemic inequities in legal representation and accountability gaps in judicial discipline. Legislators signaled support for increased funding and legislative reforms, though the path to enactment remains uncertain as budget negotiations continue.
NEW YORK STATE LEGISLATURE — A joint legislative committee hearing on the 2023-2024 Executive Budget for public protection revealed significant tensions over judicial conduct, public defense funding, and cybersecurity priorities on Tuesday.
The hearing's most pointed exchange centered on deed theft affecting Black and brown New Yorkers. Sen. Zellnor Myrie criticized the Commission on Judicial Conduct for insufficient action on property theft cases, noting that the Office of Court Administration and Kings County public administrator declined to testify at a prior hearing on the issue. Administrator Tembeckjian acknowledged the Commission's limited authority—it cannot reverse judicial decisions even if bias is suspected—but said judges can be disciplined for lack of competence or ethical violations.
On public defense, Director Warth of Indigent Legal Services urged the state to fund increases to assigned counsel rates under Article 18-B, estimating the cost at $150 million to $180 million annually based on 2019 case numbers. She warned that when the state failed to fund a 2004 rate increase, counties cut public defense services, leading directly to the Kaye Commission report and the Hurrell-Harring settlement. Sen. Bailey expressed strong support, emphasizing that rate increases affect real families and recidivism rates. Chairwoman Krueger asked both testifiers whether mandatory judicial training would help address systemic problems; both agreed it would.
Data presented showed mixed results from bail reform. While Director Warth cited significant reductions in pretrial detention in five Hurrell-Harring counties post-reform, Assemblywoman Walker noted that average bail amounts have doubled from $5,000 to nearly $10,000 since 2019. Director Warth cautioned that pandemic impacts make it difficult to isolate bail reform's effects; 2022 caseloads remain below pre-pandemic 2018-2019 levels statewide.
On cybersecurity, DHSES Commissioner Bray and OITS Deputy CIO Lorenz outlined a $9 billion agency budget and $33 million in new cybersecurity funding. They described the newly operational Joint Security Operations Center (JSOC) as a national model for state-local cybersecurity coordination. Commissioner Bray detailed recent threats including cyberattacks, a domestic terror attack killing 10 New Yorkers, and severe weather, justifying $63 million in new appropriations for volunteer firefighter support and cybersecurity expansion.
The hearing highlighted ongoing debates over judicial accountability, criminal justice reform implementation, and state funding obligations for public defense.
NEW YORK STATE OFFICIALS DEFEND CYBERSECURITY AND EMERGENCY RESPONSE BUDGETS AT JOINT LEGISLATIVE HEARING
State officials testified before the Joint Legislative Committee on Finance on Tuesday that New York is adequately funded to combat escalating cybersecurity threats and respond to natural disasters, even as lawmakers questioned the scope and adequacy of proposed initiatives.
The hearing, focused on the 2023-2024 Executive Budget for public protection, featured testimony from Deputy CIO Lorenz of the Office of Information Technology Services and Commissioner Bray of the Division of Homeland Security and Emergency Services. Both agencies outlined plans to expand cybersecurity protections to local governments and counties following a series of high-profile ransomware attacks.
DHSES Commissioner Bray reported that the state responded to 54 cyberattacks on localities, school boards, and critical infrastructure this year. The administration is requesting $30 million to expand endpoint protection and other cybersecurity services to counties and municipalities. Currently, 43 counties and five major cities outside New York City have signed up for the program, which is expected to protect approximately 64,000 endpoints over the next few months.
The program was developed in response to a December 2022 ransomware attack on Suffolk County that shut down government operations and resulted in the theft of nearly 4 terabytes of data. Commissioner Bray said the endpoint protection services the state is now providing would have "interrupted" such attacks, though he could not guarantee they would have prevented them entirely.
Sen. Gonzalez pressed officials on the specifics of the cybersecurity rollout, asking what percentage of state agencies have implemented multifactor authentication and how the state is measuring progress. Deputy CIO Lorenz said the state has completed MFA rollout for public-facing websites and is pursuing a multilayered defense approach including identity access management and the "One ID" initiative.
The hearing also addressed the state's response to the December 2022 Buffalo blizzard, which Commissioner Bray characterized as "the longest blizzard in the continental United States history below 5,000 feet of elevation." The storm killed 47 people, including 27 from Erie County. State personnel made 650 saves during the response effort.
Sen. Borrello, a Western New Yorker, questioned whether the driving ban was imposed too late, noting that people had already left for work when the ban took effect. Commissioner Bray acknowledged the decision was "brutally tough" but noted that such decisions are delegated to counties and localities, not the state.
Commissioner Bray said the state will conduct a formal after-action review of the blizzard response over the next several months. He emphasized that the primary challenge was not equipment or personnel—the state deployed over 1,000 pieces of equipment and hundreds of personnel—but rather access and mobility, as blizzard conditions prevented first responders from deploying for 12 to 18 hours.
The budget also includes $10 million for a new volunteer firefighter training stipend program. Commissioner Bray said the state would provide $750 per firefighter for completing basic training and $1,250 for interior firefighter certification. Sen. Ashby questioned whether the funding was adequate, calculating that it would amount to roughly $6,000 per department across the state's approximately 1,600 volunteer firefighters.
Additionally, Commissioner Bray announced that Governor Hochul's $10 million recurring appropriation for counterterrorism efforts continues this year, with a focus on establishing threat assessment and management teams across the state to prevent targeted violence, particularly mass shootings. He also highlighted the administration's efforts to combat antisemitic hate crimes, which he called "the greatest threat we face right now," noting that Jewish people comprise 2-3 percent of the population but are targets of close to two-thirds of religious-based hate crimes.
The hearing revealed some tension between state officials and lawmakers over the adequacy of proposed funding levels and the pace of cybersecurity implementation across local governments. Several legislators expressed concern that smaller municipalities remain particularly vulnerable to cyberattacks and questioned whether the state should provide additional funding to help them improve their security posture.
NEW YORK STATE SENATE FINANCE COMMITTEE EXAMINES 2023-2024 PUBLIC PROTECTION BUDGET AMID VOLUNTEER FIREFIGHTER CRISIS AND CYBERSECURITY CONCERNS
The New York State Senate Finance Committee held a joint legislative hearing on February 7, 2023, to examine the executive budget for public protection, with testimony from Department of Homeland Security and Emergency Services Commissioner Bray and OITS Deputy CIO Lorenz. The hearing revealed significant concerns about the adequacy of proposed investments in emergency services and cybersecurity infrastructure.
Commissioner Bray acknowledged a "crisis" in the volunteer fire service, citing a 160 percent increase in mutual aid requests over the past decade. The budget allocates $10 million for volunteer firefighter recruitment and proposes 28 new positions, including 18 fire protection specialists to expand training capacity. Firefighters will receive stipends of $750 for basic training and an additional $1,250 for interior firefighting training. However, Sen. Ashby questioned whether $10 million was sufficient given that 76 percent reported crisis-level issues in the sector.
Cybersecurity emerged as a major concern, particularly following the Suffolk County ransomware attack. Sen. Murray pressed Commissioner Bray on whether protective measures were available to counties before the attack, noting that cost may have been a factor in the county's vulnerability. Commissioner Bray acknowledged that cybersecurity protections rolled out in the current budget "would have seen a very different scenario in Suffolk County" had they been available earlier. The state is conducting an after-action report on the Suffolk attack and has committed to sharing lessons learned.
The budget includes $20 million for 911 system modernization, transitioning from copper wire to fiber infrastructure to enable transmission of video and audio files to first responders. Commissioner Bray acknowledged that current GPS systems in 911 centers are less advanced than food delivery apps, contributing to incidents where calls were routed to New Jersey instead of New York. The modernization is expected to take three to five years.
Sen. Stec raised critical concerns about cell service gaps in the Adirondacks and North Country, where half to the majority of 911 calls originate from cellphones. He corrected Commissioner Bray's assertion that local government was blocking cellular expansion, stating the issue is economic and urging state partnership funding similar to broadband initiatives.
OITS Deputy CIO Lorenz reported that the state has blocked TikTok on state devices since 2020, with exceptions only in extraordinary circumstances. The agency supports 150,000 state employees and has conducted over 50 job fairs this year for IT recruitment. The budget includes $15 million for e-procurement system modernization to leverage electronic signatures and e-notary services.
The hearing underscored tensions between budget allocations and identified needs across emergency services, cybersecurity, and rural infrastructure, with several senators questioning whether proposed investments adequately address documented crises.
NEW YORK STATE BUDGET HEARING FOCUSES ON PUBLIC PROTECTION SPENDING, CRIME REDUCTION PROGRAMS
Albany — State officials testified before the Joint Legislative Committee on Finance on Tuesday about Governor Kathy Hochul's 2023-2024 Executive Budget for public protection agencies, with testimony highlighting significant investments in gun violence reduction, cybersecurity, and criminal justice initiatives.
The Division of Criminal Justice Services reported that reported shootings dropped 17 percent in New York City and 15 percent in Gun Involved Violence Elimination (GIVE) jurisdictions in 2022, representing 453 fewer shootings than the previous year. Commissioner Rossana Rosado said the Governor's proposed budget provides $100 million to support law enforcement agencies and community-based organizations with evidence-informed programs including SNUG Street Outreach and the Crime Analysis Center network, which serves more than 350 law enforcement agencies across 43 counties and responds to over 60,000 assistance requests annually.
The proposed budget would double funding for GIVE initiatives to $36.4 million, quadruple Aid to Prosecution funding to $52.5 million, and triple County Re-Entry Task Forces funding to $11.5 million—the first increase in over a decade.
New York State Police Acting Superintendent Steven Nigrelli reported that the agency seized 2,026 illegal guns between August 2021 and December 2022, a 138 percent increase. He emphasized the need for increased staffing to combat gun violence and the opioid crisis, noting the agency did not graduate a new trooper class for two years due to pandemic-era hiring freezes.
The Department of Corrections and Community Supervision reported alarming increases in prison violence, with 1,469 assaults on staff in 2022—a 25 percent increase from 2021—and 1,486 incarcerated-on-incarcerated assaults, a 34 percent increase. Acting Commissioner Anthony Annucci described a Prison Violence Task Force and new initiatives including SAVE (Supervision Against Violent Engagement) to identify high-risk parolees.
Cybersecurity dominated much of the hearing, with DHSES Commissioner Bray discussing the Joint Security Operations Center with the Office of Information Technology Services for real-time threat information sharing. However, Chairwoman Liz Krueger expressed frustration with decades-long delays in state technology modernization, citing the WMS welfare system that has operated since the late 1980s and is not expected to be fully replaced until 2026.
Sen. O'Mara pressed Commissioner Bray on electric grid cybersecurity resources and emerging threats like electromagnetic pulses, while Sen. Scarcella-Spanton questioned whether volunteer firefighter fee proposals should be requirements rather than options, noting the state has lost approximately 20,000 volunteer firefighters over the past decade.
The hearing was held February 7, 2023.
NEW YORK STATE SENATE FINANCE COMMITTEE QUESTIONS EVIDENCE FOR BAIL REFORM CHANGES IN 2023-2024 BUDGET
Albany — State senators challenged the empirical basis for proposed bail reform changes during a joint legislative hearing on the 2023-2024 Executive Budget for public protection agencies on Tuesday, with data presented by the Division of Criminal Justice Services showing no significant difference in failure-to-appear rates between defendants charged with qualifying and non-qualifying offenses.
DCJS Commissioner Rosado testified that current data shows failure-to-appear and rearrest rates are "basically flat" across offense categories, yet the Governor's budget proposes removing the "least-restrictive-means" standard for bail determinations. Sen. Jamaal Bailey pressed Rosado on what evidence supports the proposed changes, noting that "the empirical data doesn't necessarily match with the specific requested changes at present time."
Sen. Patrick Gallivan went further, arguing that any level of failure-to-appear or rearrest is unacceptable and questioning why New York is the only state not allowing judges to consider dangerousness to the community in bail decisions. Rosado countered that "bail has never been a crime-prevention tool" and that the focus should be on other innovative approaches to crime prevention.
On gun violence prevention, Commissioner Rosado reported that SNUG site shootings have declined 32 percent and GIVE site shootings 15 percent, but the budget maintains $21 million in SNUG funding unchanged from the prior year. Sen. Bailey questioned whether this amount is sufficient given rising gun violence concerns.
Acting DOCCS Commissioner Annucci testified that an $8 million budget increase will fund the SAVE initiative, which targets 66 positions focused on high-risk individuals released from prison. He also outlined plans to acquire 80 body scanners for correctional facilities at an estimated cost of $13 million, and disclosed that the department currently has 867 corrections officer vacancies with projections of 1,150 by year-end.
The budget proposes lowering the minimum age for corrections officers from 21 to 19, which Annucci justified by comparing the role to military service and citing rigorous screening procedures. Assemblyman Dilan asked whether the department had data on how many 21-year-olds currently serve as corrections officers, which Annucci said he would provide later.
On HALT compliance, Sen. Hoylman-Sigal noted that 52 percent of inmates in special housing units exceeded the 15-day limit as of October 1st, declining to 42 percent by December 1st. Annucci said the department is "very, very close" to full compliance and is rapidly moving inmates to residential rehabilitation units.
Acting State Police Superintendent Nigrelli reported no complaints or arrests under the concealed carry law since its implementation and discussed a $100 million proposal for a satellite forensic lab in Albany. He also noted that 77 million visitors use New York's state parks annually and that 39 Park Police candidates are currently in the academy.
The hearing revealed significant disagreement between legislative Democrats on whether proposed bail reform changes are justified by available data, with some senators advocating for judicial training on existing reforms rather than legislative changes.
NEW YORK STATE SENATE AND ASSEMBLY JOINT HEARING ON 2023-2024 PUBLIC PROTECTION BUDGET — FEBRUARY 7, 2023
Corrections officials faced sharp questioning Tuesday over rising prison violence and the implementation of the HALT Act, which limits solitary confinement, as lawmakers expressed concern that the state's incarcerated population may surge as courts return to full capacity.
Acting Commissioner Brian Annucci reported that assaults on staff increased 25 percent in 2022, with incarcerated-on-incarcerated assaults up 34 percent. He acknowledged the violence trend is continuing into 2023 and temporarily suspended certain HALT Act provisions due to safety concerns, including a requirement that incarcerated individuals move unrestrained to programs.
Sen. Jim Stec raised pointed concerns about the HALT Act's implementation, arguing that unlimited tablet and phone access in Residential Rehabilitation Units (RRUs) creates perverse incentives. "You're giving it away and you're not letting them earn it," Stec said, noting that privileges in RRUs exceed those available in the general population or Honor Block. Annucci defended the tablets as mitigation for isolation, noting that incarcerated individuals spent 54 million minutes on phones in 2022.
Assemblyman Giglio pressed Annucci on staffing levels and overtime, learning that corrections officers can work 16 hours per day with no limit on consecutive days. The department reported 750 new staff signed up in January through an open enrollment system, but recruitment and retention remain significant challenges.
State Police Superintendent Steven Nigrelli reported a 138 percent increase in illegal weapons recovery from August 2021 to December 2022, including ghost guns. However, he acknowledged that oral fluid testing technology for detecting marijuana impairment remains years away from field deployment, disappointing Assemblyman Tannousis, who noted the previous superintendent had assured legislators two years ago that such a mechanism would be developed.
DCJS Commissioner Kristen Rosado reported that the Governor's Executive Budget doubles funding for alternatives to incarceration from $15.7 million to $31.4 million. She also noted that 4,000 extreme risk protection orders have been filed since the Buffalo shooting and that 63-83 percent of justice-involved individuals have substance abuse or mental health needs.
Assemblywoman Assemblywoman Walker raised concerns about the Governor's proposed bail reform, arguing that eliminating the "least restrictive means" standard could exacerbate racial disparities in bail decisions by giving judges unfettered discretion.
The current incarcerated population stands at just over 31,000, with Annucci reporting an increase of about 700 between 2021 and 2022 as courts become more active. He stated the system has "thousands and thousands of vacancies" and no facility closures are planned for the current fiscal year.
NEW YORK — State corrections officials faced intense scrutiny during a joint legislative budget hearing on Tuesday over the implementation of the HALT Act, which restricts solitary confinement, as violence in prisons continues to surge despite nearly a year of implementation.
Executive Deputy Commissioner Martuscello acknowledged that the Department of Corrections and Community Supervision (DOCCS) has spent over $110 million in capital funding for HALT implementation, exceeding the initial $69 million allocation, yet the agency remains out of compliance with the law's core requirement that incarcerated individuals spend no more than 15 consecutive days in solitary confinement. As of the hearing, 21 individuals remained beyond that threshold, down from a peak of over 200.
The compliance challenges come amid a dramatic surge in prison violence. DOCCS reported a 25 percent increase in assaults on staff and a 34 percent increase in incarcerated-on-incarcerated assaults since HALT's April implementation. Acting Commissioner Annucci attributed the violence partly to a small number of individuals challenging authority and noted that the agency is struggling with a shortage of 2,900 corrections officers.
Chairwoman Liz Krueger pressed officials on whether HALT is the right approach, noting that approximately 40 percent of the segregated confinement population is on the Office of Mental Health caseload. She questioned whether alternative models should be considered for mentally ill individuals cycling through the system.
The hearing also revealed a troubling reentry crisis. Krueger cited data showing that 50 percent of DOCCS releases now go directly to the New York City shelter system, up from 23 percent in 2014. DOCCS has launched transitional housing programs, including the Edgecombe facility with 70 beds and a stipend program offering up to $100 weekly for 12 weeks to incentivize housing placements.
Corrections officials also reported 113 deaths in DOCCS custody in 2022, including two homicides. One homicide was committed by a 54-year-old who would have been protected under HALT's special population exemption—which shields those under 19 and over 55 from solitary confinement—had he been six months older.
Senator Jamaal Bailey questioned whether the $50 million allocated for HALT in previous budgets was adequately spent and requested detailed post-hearing data on compliance. He also pressed for faster rollout of state ID programs, noting that only 20 facilities have the capability, representing less than half of New York's prisons.
The Division of Criminal Justice Services reported that its GIVE program, which targets violent crime, supports 20 police departments in 17 counties representing approximately 80 percent of violent crime outside New York City. Commissioner Rosado confirmed that additional funding in the Governor's proposal can expand the program to new jurisdictions.
The hearing underscored the tension between lawmakers' commitment to reducing incarceration and the operational challenges facing corrections officials managing a system experiencing unprecedented violence.
NEW YORK — State corrections and criminal justice officials faced pointed questions Tuesday about data gaps in bail reform implementation and substance abuse treatment alternatives during a joint legislative hearing on the 2023-2024 Executive Budget focused on public protection.
Assemblyman Brown pressed the Division of Criminal Justice Services Commissioner and other agency heads on missing metrics, particularly how many people are appearing in court after receiving desk appearance tickets and whether the state tracks involuntary substance abuse treatment agreements as an alternative to incarceration post-bail reform. DCJS Commissioner Rosado acknowledged the agency does not currently track the latter data point, though indicated it could be obtained.
The hearing also featured testimony from criminal justice advocates and community organizations. The Center for Community Alternatives opposed the Governor's proposal to eliminate the least restrictive standard for bail without replacement, arguing that 33 other states use such a standard and none have no standard at all. Katie Schaffer cited Michigan research showing that sealing criminal records increases employment by 11 percent and earnings by 25 percent, and argued the Clean Slate Act could generate $7 billion in economic benefits for New York State.
Jose Saldana of the Release Aging People in Prison Campaign advocated for elder parole legislation, claiming that releasing aging and infirm prisoners could save $500 million annually and noting that recidivism rates for people released at age 66 or older are zero percent.
Corrections officials provided detailed data on the new vendor package program, reporting dramatic reductions in contraband: from 924 instances in 2020 to just 30 since the program's implementation. They also reported a 13 percent decrease in Narcan usage from 2021 to 2022, though noted a 64 percent increase in visitor arrests.
Assemblywoman Kelles questioned whether New York's earned time credits for incarcerated individuals are overly restrictive compared to other states, including Alabama and Texas, and asked for a deeper analysis of violence trends in prisons, noting that five-person-or-more fights increased from 70 instances in 2021 to 110 in 2022.
The hearing also included testimony from the Firefighters Association of the State of New York, which expressed support for the Governor's budget proposals on volunteer firefighter recruitment and retention, though called for permanent statutory funding mechanisms. The state has lost 20,000 volunteer firefighters over the past 20 years, and almost 80 percent of fire protection services outside New York City are provided by volunteers.
Law enforcement unions and prosecutors testified before the Senate Finance Committee on February 7 regarding the 2023-2024 Executive Budget's public protection provisions, painting a dire picture of recruitment, retention, and safety challenges across multiple agencies.
The New York State Park Police faces a 40% reduction in officers since 2003, with current staffing at just 178 officers protecting 287 state parks and historic sites visited by 78 million people annually. Frank McGarity, director of the Park Police Sergeants Benevolent Association, attributed the exodus to an outdated 25-year retirement plan while nearly every other law enforcement agency in New York offers 20-year retirement. The Legislature has passed the 20-year retirement bill with near-unanimous bipartisan support repeatedly, only to see it vetoed. McGarity noted the force has lost 11 women officers since 2019, undermining efforts to meet the Governor's 30x30 initiative to increase women in law enforcement to 30% by 2030.
State Police investigators reported being down 100 investigators statewide and needing approximately 200 more for effective operations. Tim Dymond, president of the State Police Investigators Association, highlighted a 470% increase in TERPO cases from 2021 to 2022, with each case requiring roughly eight hours of preparation.
Correctional facilities face what Michael Powers, president of NYSCOPBA, called the worst morale crisis in his 33 years with the agency. Powers presented data showing 2022 was the most violent year in correctional history, with record-setting inmate-on-staff and inmate-on-inmate assaults. He attributed the violence surge to the HALT Act, effective April 1, 2021, which he said prevents adequate segregation of dangerous inmates. Powers noted that two inmates were murdered by other inmates within weeks of HALT's enactment—matching the total homicides over the previous three years—and that inmates who commit murder are legally required to receive out-of-cell time in congregate settings just 15 days later.
Volunteer firefighters face recruitment challenges despite providing an estimated $3.3 billion in annual economic value to the state. President Tase of FASNY advocated for increased state income tax credits (currently $200, unchanged for over 20 years) and tangible incentives like gas cards for young volunteers.
District Attorneys reported severe staffing shortages while struggling to implement discovery law reforms. Mary Pat Donnelly of Rensselaer County noted she is funded for 15 assistant district attorneys but has only 10, having lost five in 2022 to higher-paying positions. Discovery now applies to every case (previously only 3%), and body camera footage and 50-a repeal have dramatically increased the volume of materials requiring review and redaction—a simple DWI case can yield eight hours of footage, complex cases over 20 hours.
Several senators signaled support for the Park Police retirement benefit and pressed for HALT Act reforms. Sen. Palumbo, a former prosecutor, questioned the lack of internal discipline systems for non-violent infractions in correctional facilities. Assemblyman Palmesano asked whether correction officers were consulted during HALT implementation and whether the Governor could declare an emergency to suspend the law.
NEW YORK — Advocates for immigrants, criminal defendants, and incarcerated people clashed with prosecutors' funding requests Tuesday during a joint legislative hearing on the state's 2023-2024 public protection budget, with defenders demanding parity in resources and immigrant rights groups seeking $100 million for legal representation.
The Vera Institute of Justice and New York Immigration Coalition urged lawmakers to pass the Access to Representation Act and fund immigration legal services at $100 million—far exceeding the $43 million in Governor Hochul's executive budget. Shayna Kessler of Vera noted that approximately 60,000 immigrants are currently in immigration court without counsel, and cited research showing immigrants with attorneys are far more likely to win their cases. Kayla Kelechian of NYIC highlighted a case in which a three-year-old Guatemalan child was forced to defend herself in immigration court alone, and cited a 2018 study showing legal representation increased chances of remaining in the U.S. by 1,100 percent.
On criminal justice, Brooklyn Defender Services executive director Lisa Schreibersdorf made a pointed demand for funding parity with district attorneys, noting prosecutors received nearly $100 million while defenders got only $7.5 million. She requested $28 million for Family Court legal services and emphasized that well-resourced defense attorneys can divert people with mental illness—60 percent of upstate prison populations—from incarceration to treatment. The New York State Defenders Association separately requested $450,000 for recruitment and retention efforts.
Sen. Jamaal Bailey pressed district attorneys on why they had not fully accessed available discovery funding, exploring barriers related to county government coordination. Sen. Tom O'Mara, a former DA, expressed concern about the aggressive discovery timeline's "draconian outcomes" and asked about proposals to stagger disclosure requirements.
Advocates also challenged the Governor's bail reform proposal. Yonah Zeitz of the Katal Center warned that gutting bail reform would disproportionately harm Black and brown New Yorkers and further delay closing Rikers Island, where 19 people died last year at a cost of $500,000 per person annually. Katherine Haas of the Legal Aid Society's Prisoners' Rights Project documented widespread violations of the 2021 HALT Act, which was designed to curtail solitary confinement, noting people remain in segregated confinement for weeks and months despite a 15-day statutory limit.
The League of Women Voters requested $20 million for county election boards and $5 million to implement the John R. Lewis Voting Rights Act, while urging full funding of $114.5 million for the campaign finance program, citing a $75 million shortfall in matching funds.
The hearing, held before the Senate Finance Committee, reflected deep tensions over resource allocation in the criminal justice system, with defenders and advocates arguing that prosecutors have received disproportionate funding while vulnerable populations—immigrants, defendants, and incarcerated people—lack adequate legal representation and services.
A district attorney official testified before the New York State Senate Finance Committee on February 7, 2023, that significant operational inefficiencies plague information-sharing between police and prosecutor offices, citing technological barriers as a primary obstacle to effective criminal justice administration.
Ms. Schreibersdorf, testifying on the 2023-2024 executive budget for public protection, identified Microsoft OneDrive—the platform currently used by district attorneys to store case files—as particularly problematic. She explained that because the system does not permit direct file transfers, documents must be downloaded from prosecutors' accounts and then re-uploaded to police systems, a process that consumes substantial time, energy, and storage capacity.
"OneDrive is a particularly bad program for sorting, finding, filing and using," Schreibersdorf stated, adding that the cumbersome process affects both law enforcement and prosecutors. She advocated for collaborative efforts to identify and implement superior technological solutions.
Sen. Bailey pressed Schreibersdorf on whether statutory reforms to discovery law or bail reform were necessary to address the information-sharing challenges. Schreibersdorf declined to recommend changes to either, stating: "No. And none to bail either, thank you."
Bailey appeared to seek clarity on this point for the record, suggesting the senator wanted to document the testifier's position that existing legal frameworks are adequate and that the primary barriers are technological rather than legislative.
The hearing, held as part of the joint legislative budget review process, concluded at 7:38 p.m. Chairwoman Krueger announced that education budget hearings would resume the following morning at 9:30 a.m.
Topic Summary
Joint hearing of Senate Finance and Assembly Ways and Means committees to review the Governor's proposed 2023-2024 budget for public protection agencies, including the Judiciary, State Commission on Judicial Conduct, Office of Indigent Legal Services, Division of Homeland Security and Emergency Services, Office of Information Technology Services, Division of Criminal Justice Services, Department of Corrections and Community Supervision, and Division of State Police.
Testimony (57)
Unknown
As chair, Sen. Krueger managed the hearing, set time limits, and indicated that follow-up written questions would be submitted to testifiers. She noted that legislators must be present to ask questions of panels.
Unknown
Sen. Borrello, a Western New Yorker, questioned the state's response to the December blizzard, specifically criticizing the timing of the driving ban as too late. Acknowledged the difficulty of such decisions but suggested the state could have acted earlier given advance warning of the powerful storm.
Unknown
Sen. Scarcella-Spanton, the new chair of Homeland Security, asked detailed questions about blizzard preparedness, emergency response capabilities, and funding allocations. Generally supportive in tone, seeking clarification on budget items and program implementation. Focused on ensuring adequate funding and resources for emergency response and cybersecurity.
Unknown
Sen. Ashby questioned the volunteer firefighter training stipend program, specifically asking about its recurring nature, distribution mechanism, and per-firefighter costs. Expressed concern that the $10 million allocation appeared underfunded relative to the number of volunteer firefighters (1,600), calculating roughly $6,000 per department.
Honorable Tamiko Amaker
agency_official
informational
Chief Administrative Judge, NYS Office of Court Administration
Judge Amaker presented the Judiciary's 2023-2024 budget request of $3.3 billion in state operating spending, including $2.47 billion for court operations and $836.4 million for fringe benefits. She highlighted priorities including restoring full court operations after pandemic-related staffing losses, funding 20 new Supreme and Family Court judgeships, implementing collective bargaining agreements, supporting civil legal services with a 3% increase, modernizing court technology including e-filing and virtual proceedings, and addressing Family Court backlogs. She also emphasized judicial security concerns, noting a 40% increase in judicial threats from 2020-2022.
Acting Chief Administrative Judge Amaker
agency_official
informational
Office of Court Administration
Judge Amaker provided testimony on the OCA's 2023-2024 budget request and court operations. He addressed questions about security details for a former chief judge, explaining that over 50 threats had been investigated against her and that security was warranted based on ongoing threats. He discussed COVID-19's impact on court operations, case backlogs across multiple court types, bail reform implementation and judge training, diversity initiatives, and funding needs including $43 million for 18-B attorney rate increases.
Acting Chief Administrative Judge Amaker
agency_official
informational
Office of Court Administration
Judge Amaker provided testimony on the 2023-2024 executive budget for the judiciary. She addressed questions on diversion courts, judicial training, court modernization initiatives including electronic filing systems, mandatory court fees and surcharges, housing court access to counsel, and judicial resources. She emphasized the judiciary's commitment to access to justice and discussed ongoing efforts to expand treatment courts and improve court technology.
Acting Chief Administrative Judge Amaker
agency_official
informational
Office of Court Administration (OCA)
Judge Amaker discussed OCA's budget priorities including IT staffing challenges, judicial outreach programs, the Supreme Court Gun Part expansion to robberies, and community court initiatives. She addressed concerns about recruiting tech talent and emphasized the importance of judges engaging with communities to explain the judicial system.
Administrator Tembeckjian
agency_official
informational
Commission on Judicial Conduct
Tembeckjian explained the Commission's jurisdiction over judicial conduct, noting it cannot reverse judicial decisions but can discipline judges for ethical violations or lack of competence. He discussed the Commission's limited authority in cases involving potential judicial bias and provided examples of judges removed for failing to advise litigants of fundamental rights or abusing discretionary bail authority.
OITS Deputy CIO Lorenz
agency_official
informational
Office of Information Technology Services
Deputy CIO Lorenz discussed OITS's consolidated IT approach across state agencies, partnership with DHSES on cybersecurity, and multifactor authentication (MFA) rollout for public-facing sites. Emphasized a multilayered defense approach including identity access management, the One ID initiative, and various levels of MFA. Discussed third-party contractor vulnerabilities and OITS's up-front review process for third-party applications before deployment on state networks.
DHSES Commissioner Bray
agency_official
informational
Department of Homeland Security and Emergency Services
Commissioner Bray provided testimony on the executive budget for public protection, addressing the volunteer firefighter crisis, emotional resilience workshops for first responders, cybersecurity investments, 911 modernization, emergency management coordination, and training initiatives. He emphasized the state's commitment to addressing critical infrastructure vulnerabilities and supporting local emergency services.
DHSES Commissioner Bray
agency_official
informational
Division of Homeland Security and Emergency Services
Commissioner Bray discussed DHSES budget priorities including cybersecurity services, the Joint Security Operations Center (JSOC) with ITS for real-time threat information sharing, increased Cyber Incident Response Team capacity, and efforts to support municipal and local government cybersecurity. He addressed concerns about EMS not being designated a critical service, electric grid security, and volunteer firefighter recruitment challenges.
DCJS Commissioner Rosado
agency_official
informational
Division of Criminal Justice Services
Commissioner Rosado testified on multiple budget proposals including bail reform, SNUG gun violence prevention funding, discovery reform implementation, and data collection. She stated that current data shows failure-to-appear and rearrest rates are 'basically flat' between qualifying and non-qualifying offenses. She emphasized the Governor's feedback from judges and communities regarding confusion about bail reform implementation and discussed the SNUG program's success with shooting reductions.
Acting Commissioner Brian Annucci
agency_official
informational
New York Department of Corrections and Community Supervision (DOCCS)
Annucci testified on DOCCS budget priorities and operations. He defended the HALT Act implementation and tablet/phone access in RRUs as mitigation for isolation, discussed violence reduction initiatives including a Prison Violence Task Force, addressed staffing recruitment challenges, and described conditions in SHU as non-extreme isolation with four hours of out-of-cell time daily. He acknowledged continuing violence trends and temporarily suspended certain HALT provisions due to safety concerns.
Executive Deputy Commissioner Martuscello
agency_official
informational
Department of Corrections and Community Supervision (DOCCS)
Martuscello provided detailed testimony on HALT implementation, explaining that $48 million in previously allocated funds was used for personal services and staff augmentation for out-of-cell programming. He noted that a separate $69 million capital funding source was exceeded, with over $110 million spent. He addressed compliance challenges, noting 21 individuals still beyond the 15-day HALT limit and describing measures taken to provide seven hours of out-of-cell time in SHU and RRU settings.
DCJS Commissioner Rosado
agency_official
informational
Division of Criminal Justice Services
Responded to questions about desk appearance tickets and bail reform data. Acknowledged that the agency does not currently track how many people are agreeing to involuntary substance abuse treatment in lieu of incarceration, though indicated this data could potentially be obtained.
Frank McGarity
union_official
supportive
Director, New York State Park Police Sergeants Benevolent Association, PBA of New York State
McGarity testified about severe staffing shortages in the Park Police, citing a 40% reduction in officers since 2003. He emphasized the need for a 20-year retirement benefit to compete with other law enforcement agencies and address recruitment and retention challenges, particularly for women officers. He noted the Park Police currently has 178 officers protecting 287 state parks and historic sites visited by 78+ million people annually.
Shayna Kessler
advocate
supportive
Vera Institute of Justice, state advocacy manager
Kessler testified in support of the Access to Representation Act and increased immigration legal services funding. She urged passage of the ARA to establish a right to representation for people at risk of deportation, seeking $55 million for ARA implementation, $35 million for the Liberty Defense Project, and $10 million for rapid response services for newly arriving immigrants, totaling $100 million. She noted the Governor's budget included only $43 million, falling short of the estimated 60,000 immigrants in immigration court without counsel.
Ms. Schreibersdorf
agency_official
informational
Not specified in transcript
Ms. Schreibersdorf testified about operational challenges in information-sharing between police and district attorney offices. She identified specific technical problems with the use of Microsoft OneDrive for document management, noting that files must be downloaded and re-uploaded rather than transferred directly, consuming significant time and storage space. She advocated for finding better technological solutions while declining to recommend statutory changes to discovery law or bail reform.
Robert Tembeckjian
agency_official
informational
Commission on Judicial Conduct
Tembeckjian reported record disciplinary activity in 2022, with 2,400 complaints received and 25 judges publicly disciplined, including 15 removals or resignations. He advocated for legislative reforms to make disciplinary proceedings public at the point of formal charges and to extend jurisdiction over judges who resign after charges are filed, noting New York is an outlier among 38 states with more transparent systems.
Director Warth
agency_official
supportive
Indigent Legal Services
Director Warth testified on behalf of ILS regarding public defense funding and the need to increase 18-B assigned counsel rates. She discussed the impact of bail reform and discovery reform on pretrial detention, caseloads, and quality of representation. She emphasized that the state must fund rate increases and provided cost estimates for increasing assigned counsel rates.
DHSES Commissioner Bray
agency_official
informational
Division of Homeland Security and Emergency Services
Commissioner Bray provided extensive testimony on cybersecurity initiatives, ransomware threats, and emergency response. Detailed the $30 million cybersecurity program providing endpoint protection and EDR to counties and major cities, with 43 counties and 5 major cities currently signed up. Discussed the Suffolk County ransomware attack, JSOC coordination, and plans for attack surface management. Also testified extensively on the December 2022 Buffalo blizzard response, characterizing it as the longest blizzard in continental U.S. history below 5,000 feet elevation, resulting in 47 deaths. Addressed volunteer firefighter training stipends, domestic terrorism prevention, and federal cybersecurity grant programs.
OITS Deputy CIO Lorenz
agency_official
informational
Office of Information Technology Services
Deputy CIO Lorenz testified on cybersecurity initiatives and IT infrastructure investments. He discussed state support for 150,000 state employees, phishing campaign assessments, multifactor authentication implementation, TikTok restrictions on state devices, e-procurement system modernization, and the agency's approach to crisis response and vendor partnerships.
OITS Deputy CIO Lorenz
agency_official
informational
Office of Information Technology Services
Deputy CIO Lorenz addressed long-standing state technology modernization challenges, including the Housing and Community Renewal computerization project and the WMS (Welfare Management System) replacement. He acknowledged delays in these projects, noting that WMS has been in use since the late 1980s and is being replaced by the Integrated Eligibility System with a target completion date of 2026. He discussed the Governor's focus on customer experience and appointment of a chief experience officer.
Acting DOCCS Commissioner Annucci
agency_official
informational
Department of Corrections and Community Supervision
Acting Commissioner Annucci testified on DOCCS budget initiatives including the SAVE program targeting gun violence, body scanner implementation, HALT compliance, corrections officer recruitment, and educational programs. He discussed an $8 million budget increase focused on gun violence prevention, proposed body scanners for contraband detection, and efforts to expand college degree programs in correctional facilities.
Executive Deputy Commissioner Martuscello
agency_official
informational
New York Department of Corrections and Community Supervision (DOCCS)
Martuscello provided details on staffing initiatives and overtime policies. He reported 750 new staff signed up in January alone through an open enrollment system. He clarified that overtime is capped at 16 hours per day but there is no limit on consecutive days or weeks of mandatory overtime, though the department is consolidating dormitories to minimize staffing needs.
Acting Commissioner Annucci
agency_official
informational
Department of Corrections and Community Supervision (DOCCS)
Commissioner Annucci testified extensively on DOCCS operations, addressing HALT compliance, prison violence, staff retention challenges, and reentry programs. He discussed the implementation of state ID programs in facilities, the role of education in reducing violence, and transitional housing initiatives including the Edgecombe program. He acknowledged two homicides in 2022, one involving a 54-year-old who would have been protected under HALT's special population exemption if six months older.
Acting Superintendent Nigrelli
agency_official
neutral
New York State Police
Declined to comment on proposed legislation regarding drug-impaired driving but stated the State Police would support any law providing tools to detect and investigate crimes. Confirmed that the State Police tracks accidents and fatal accidents caused by marijuana use and offered to provide detailed data offline.
Tim Dymond
union_official
supportive
Senior Investigator, New York State Police; President, New York State Police Investigators Association
Dymond testified on behalf of approximately 1,150 State Police senior investigators and investigators (BCI). He highlighted recruitment and retention challenges, noting the BCI is down 100 investigators statewide and realistically needs 200 more. He emphasized the dramatic increase in TERPO cases (470% increase from 2021 to 2022) and requested support for four additional State Police recruit classes, funding for community stabilization units targeting gun crime, and additional ICAC and Computer Crimes Unit resources.
Kayla Kelechian
advocate
supportive
New York Immigration Coalition (NYIC), manager of organizing and strategy for Central New York
Kelechian testified on behalf of NYIC, which represents over 200 immigrants' rights organizations across New York. She urged inclusion of $100 million in funding for immigration legal services and immediate passage of the Access to Representation Act. She highlighted the lack of right to government-appointed counsel in immigration court, even for children, and cited a case of a three-year-old Guatemalan child forced to plead her asylum case alone.
Patricia Warth
agency_official
supportive
New York State Office of Indigent Legal Services (ILS)
Director Warth highlighted progress in criminal defense under the Hurrell-Harring settlement but emphasized severe disparities in Family Court representation. She documented that Family Court attorneys have significantly higher caseloads and receive less than half the spending per case compared to criminal defense. She requested $28 million in additional Family Court funding and advocated for comprehensive 18-B assigned counsel rate increases with state funding, elimination of case caps, uniform geographic rates, and periodic adjustment mechanisms.
DHSES Commissioner Jackie Bray
agency_official
informational
New York State Division of Homeland Security and Emergency Services
Commissioner Bray outlined DHSES's mission and the Executive Budget allocation for the agency. She highlighted recent threats and emergencies in Western New York, including cyberattacks, a domestic terror attack, and severe weather. She detailed budget proposals for volunteer firefighter support, 911 operations, and expanded cybersecurity and domestic terrorism prevention efforts.
Rossana Rosado
agency_official
supportive
Division of Criminal Justice Services
Commissioner Rosado testified on DCJS's role in supporting law enforcement and community-based organizations to address crime and violence. She highlighted the Governor's proposed $100 million investment in evidence-informed programs including SNUG Street Outreach, GIVE (Gun Involved Violence Elimination), and Crime Analysis Center network. She reported significant decreases in shootings and outlined proposed budget increases for various crime reduction initiatives.
Acting State Police Superintendent Nigrelli
agency_official
informational
New York State Police
Acting Superintendent Nigrelli testified on State Police initiatives including diversity recruitment, concealed carry law implementation, forensic lab expansion, Park Police operations, and a proposed central database for firearm-related criminal offenses. He emphasized the State Police's commitment to diversity and community engagement, discussed implementation challenges with the concealed carry law, and outlined plans for a satellite forensic lab in Albany.
Acting Superintendent Steven Nigrelli
agency_official
informational
New York State Police
Superintendent Nigrelli testified on State Police operations and public safety initiatives. He reported a 138 percent increase in recovery of illegal weapons from August 2021 to December 2022, including ghost guns. He addressed the status of oral fluid testing for THC detection, stating the technology is not yet ready for field use and requires further scientific validation. He also reported over 600 ERPOs filed by State Police since the post-Buffalo shooting legislation.
Commissioner Rosado
agency_official
informational
Division of Criminal Justice Services (DCJS)
Commissioner Rosado testified on DCJS initiatives, confirming that additional GIVE program funding in the Governor's proposal can be used to bolster current GIVE cities and expand to new jurisdictions. He noted the GIVE program supports 20 police departments in 17 counties representing approximately 80 percent of violent crime outside New York City. He also addressed data collection issues regarding Extreme Risk Protection Orders and drug recognition expert training.
Acting Commissioner Annucci
agency_official
informational
Department of Corrections and Community Supervision
Testified on substance abuse treatment in prisons, stating that 70-something percent or higher of individuals are in need of substance abuse treatment based on mass testing and scoring. Confirmed that the Executive Budget includes funding addressing the opioid/fentanyl crisis. Discussed assault definitions, prison demographics, and violence trends.
Michael Powers
union_official
opposed
President, NYSCOPBA (New York State Correctional Officers and Police Benevolent Association)
Powers testified on behalf of more than 30,000 active and retired members about deteriorating conditions in correctional facilities. He presented data showing 2022 was the most violent year in history, with record-setting inmate-on-staff and inmate-on-inmate assaults. He attributed the violence surge to the HALT Act (effective April 1, 2021) and argued the law prevents adequate segregation of dangerous inmates. He called for violence studies, HALT reform, and better staffing and training.
Yonah Zeitz
advocate
opposed
Katal Center for Equity, Health and Justice, director of advocacy
Zeitz testified against Governor Hochul's proposal to gut bail reform, arguing it would jail more New Yorkers who cannot afford bail, disproportionately affecting Black, brown, and low-income communities. He cited the high death rate at Rikers Island and argued bail reform is working, with people returning to court at high rates while maintaining liberty. He called for rejection of the Governor's proposal and investment in alternatives like housing, jobs, healthcare, and education.
Jennifer Lorenz
agency_official
informational
New York State Office of Information Technology Services (OITS)
Deputy CIO Lorenz testified on behalf of OITS regarding technology initiatives and cybersecurity efforts. She highlighted language translation services deployed to state websites, the establishment of the Joint Security Operations Center (JSOC), the Gender Recognition Act implementation, and the creation of a chief privacy officer position. She noted $33 million in new funding for cybersecurity and digital service initiatives.
Acting Superintendent Steven Nigrelli
agency_official
supportive
New York State Police
Acting Superintendent Nigrelli discussed the State Police's staffing challenges and recovery from pandemic-era hiring freezes. He highlighted recruitment efforts, including the first computer-based exam administered globally in 2022, and emphasized the agency's commitment to diversity, equity, and inclusion. He detailed gun seizures, community engagement efforts, and the need for increased staffing to combat gun violence and the opioid crisis.
Commissioner Kristen Rosado
agency_official
informational
New York Division of Criminal Justice Services (DCJS)
Commissioner Rosado testified on DCJS initiatives and budget proposals. She discussed the microstamping ammunition investigation, stating that DCJS has been unable to make a clear determination of viability and will continue evaluation in 2023. She addressed alternatives to incarceration funding (doubling from $15.7M to $31.4M), noting that 63-83 percent of justice-involved individuals have substance abuse or mental health needs. She clarified data on failure to appear rates and desk appearance tickets, and reported 4,000 ERPOs filed since the Buffalo shooting.
Acting Superintendent Nigrelli
agency_official
neutral
New York State Police
Superintendent Nigrelli testified on behalf of the State Police, indicating willingness to support legislative initiatives that help law enforcement deter, prevent, and solve crimes. He confirmed that the State Police do not maintain statistics on gun crimes committed by lawful gun owners or on stolen firearms used in crimes.
Executive Deputy Commissioner Martuscello
agency_official
informational
Department of Corrections and Community Supervision
Detailed the new vendor package program for incarcerated individuals, explaining the shift from family-mailed packages to vendor-based ordering. Provided contraband reduction statistics and discussed facility placement decisions based on medical, mental health, and security needs, as well as proximity to minor children.
President Tase
union_official
supportive
President, FASNY (Firemen's Association of the State of New York)
Tase testified on behalf of volunteer firefighters across New York State, emphasizing recruitment and retention challenges. He highlighted the expanded role of volunteer firefighters beyond fire suppression to include EMS, traffic control, and auto extrication. He advocated for increased state income tax credits (currently $200, unchanged for 20+ years), gas cards or fuel reimbursements for volunteers, and capital funding for firehouses. He cited a 2015 FASNY economic value study valuing volunteer fire service at $3.3 billion annually.
Susan Bryant
advocate
supportive
New York State Defenders Association, executive director
Bryant requested restoration of New York State Defenders Association funding and an additional $450,000 for a recruitment and retention project targeting law schools and undergraduate institutions. She highlighted the organization's work since 1981 operating the Public Defense Backup Center and noted the recent creation of the Statewide Discovery in Forensic Support Unit. She also requested restoration of funding for the Veterans Defense Program, which she estimated has saved the state close to $100 million in incarceration costs.
Acting Commissioner Anthony J. Annucci
agency_official
informational
Department of Corrections and Community Supervision
Acting Commissioner Annucci reported on DOCCS initiatives including the Jails to Jobs program, employment parole officers, and partnerships with DMV for non-driver IDs. He addressed significant increases in prison violence, describing a Prison Violence Task Force and measures to reduce contraband. He discussed medication-assisted treatment expansion, PREA compliance, and new initiatives like SAVE (Supervision Against Violent Engagement) to reduce gun violence among parolees.
DCJS Executive Deputy Commissioner Popcun
agency_official
informational
Division of Criminal Justice Services
Provided specific contraband statistics for the vendor package program, citing 924 instances in 2020, 710 in 2021, and 30 since program implementation.
Mary Pat Donnelly
agency_official
supportive
Rensselaer County District Attorney; testifying on behalf of District Attorneys Association of the State of New York
Donnelly testified on behalf of the District Attorneys Association regarding discovery law implementation costs. She emphasized that DAs need increased and sustained funding for staff, training, and technology to comply with Article 245 discovery requirements. She noted that discovery now applies to every case (previously only 3% engaged in discovery), and body camera footage and 50-a repeal have dramatically increased the volume of materials requiring review and redaction.
Lisa Schreibersdorf
advocate
supportive
Brooklyn Defender Services, executive director; also speaking on behalf of Chief Defenders Association of New York
Schreibersdorf made two pointed asks: (1) $28 million in funding for Family Court legal services for parents, noting this is a modest ask compared to other budget items and citing the Hurrell-Harring lawsuit which took 10 years to resolve; (2) funding parity with district attorneys for criminal defense, noting DAs received almost $100 million while defenders received only $7.5 million. She emphasized that good defense attorneys with resources can divert people with mental illness from incarceration to treatment.
Courtney Bryan
advocate
supportive
Center for Justice Innovation
Executive director testified on behalf of the Center for Justice Innovation (formerly Center for Court Innovation), highlighting three urgent budget priorities: reducing unnecessary incarceration through pretrial services and felony alternatives, gun violence reduction through the Cure Violence program, and mental health/substance use diversion programs. Noted that the organization is receiving more referrals from judges than current funding allows.
Katherine Haas
advocate
opposed
Legal Aid Society's Prisoners' Rights Project, staff attorney
Haas testified about the lack of implementation of the HALT (Humane Alternatives to Long-Term Solitary Confinement) Act passed in 2021. She documented widespread violations of the statute, including people held in segregated confinement for weeks and months despite the 15-day limit, filthy cells, insufficient food, and shackled recreation. She argued DOCCS has failed to faithfully implement the law despite receiving millions in funding.
Katie Schaffer
advocate
opposed
Center for Community Alternatives
Director of advocacy testified in opposition to the Governor's bail reform proposal and in support of the Clean Slate Act and End Predatory Court Fees Act. Argued that eliminating the least restrictive standard for bail with no replacement is legally unworkable and will increase incarceration. Cited Michigan data showing sealed records lead to higher employment and lower recidivism.
Erica Smitka
advocate
supportive
League of Women Voters of New York State, legislative and deputy director
Smitka testified on voting access and campaign finance reform. She requested a minimum of $20 million in funding for county boards of elections to implement recent voting reforms. She urged funding of $5 million to implement the John R. Lewis Voting Rights Act of New York State and passage of a companion database bill. On campaign finance, she noted the Governor included $14.5 million for the Public Campaign Finance Board but urged full funding of $114.5 million to address a $75 million shortfall in the matching portion.
Jose Saldana
advocate
supportive
Release Aging People in Prison Campaign
Director testified on behalf of elder parole and fair parole reform, arguing that mass incarceration of aging and infirm individuals is inhumane and costly. Claimed that releasing elder prisoners could save $500 million annually. Advocated for passage of the Elder Parole bill and Fair & Timely Parole bill. Noted that the concept of violence interrupters originated in the prison system.
Chaplain Dr. Victoria A. Phillips
advocate
supportive
Urban Justice Center Mental Health Project; Visionary V Ministries
Chaplain and mental health advocate testified in support of the Treatment Not Jail Act (S1976/A1263), arguing that jails are not appropriate for people in mental health crisis. Drew on experience working in jail system and serving on DOC Advisory Board and Young Adult Task Force. Emphasized that mental health crises do not define individuals and advocated for community-based treatment and diversion.
Ed Tase
industry
supportive
Firefighters Association of the State of New York
President of FASNY testified on volunteer firefighter recruitment and retention crisis. Noted that New York has lost 20,000 volunteer firefighters over 20 years and that almost 80 percent of fire protection services outside NYC are provided by volunteers. Expressed support for Governor's budget proposals including paid-per-call compensation and stipend funds for training, while calling for permanent statutory funding mechanisms.
Senator Engagement (67)
| Senator | Engagement | Stance | Focus Areas | Summary |
|---|---|---|---|---|
| Assemblyman Blumencranz | moderate | neutral | Cyberattacks on Long Island and Suffolk County Cybersecurity funding and collaborative efforts Cyber insurance partnerships | Assemblyman Blumencranz asked about the $42 million in cybersecurity funding and collaborative efforts between ITS, DHSES, and State Police. He inquired about partnerships with cyber insurers, which Commissioner Bray indicated were not currently direct engagements. |
| Assemblyman Brown | high | skeptical | Desk appearance ticket data and court appearance rates Substance abuse treatment alternatives post-bail reform Drug-impaired driving laws Opioid/fentanyl crisis funding Substance abuse treatment in prisons | Assemblyman Brown asked pointed questions about missing data on bail reform outcomes, substance abuse treatment alternatives, and drug-impaired driving, signaling concern that the state lacks adequate metrics to assess bail reform's impact and that critical tools for addressing substance abuse have been lost. |
| Assemblyman Meeks | high | neutral | Vendor package program implementation Contraband reduction metrics Narcan usage trends Visitor arrests Prison placement practices and proximity to home | Assemblyman Meeks asked detailed questions about the vendor package program's effectiveness, requesting specific percentages and data on contraband reduction and Narcan usage, and questioned the practice of housing incarcerated individuals far from their hometowns. |
| Assemblywoman Kelles | high | supportive | Earned time and merit time programs Comparative state analysis of good time credits Violence trends in prisons Data definitions and distinctions for assault Mental health and substance use disorder prevalence Recidivism rates for elder populations Court fee collection costs | Assemblywoman Kelles asked evidence-based questions about earned time expansion, prison violence data, and elder parole, signaling support for data-driven criminal justice reform and questioning whether New York's earned time policies are overly restrictive compared to other states. |
| Chairwoman Krueger | moderate | neutral | Procedural management Time management for testifiers | Chairwoman Krueger managed the hearing, enforced time limits on testimony, and ensured orderly transitions between panels but did not ask substantive policy questions. |
| Chairwoman Weinstein | low | neutral | Procedural management of hearing | Chairwoman Weinstein managed the hearing procedurally and recognized speakers but did not ask substantive questions. |
| Chairwoman Weinstein | low | neutral | Chairwoman Weinstein indicated the Assembly had completed its questioning. | |
| Sen. Ashby | high | supportive | volunteer firefighter recruitment funding emotional resilience workshops effectiveness peer-to-peer support for first responders burnout and suicide reduction metrics | Sen. Ashby expressed strong support for volunteer firefighter initiatives and questioned the adequacy of $10 million in recruitment funding given that 76 percent reported crisis-level issues. He engaged constructively on measuring workshop effectiveness and suggested peer-to-peer support models from the veterans sector. |
| Sen. Bailey | high | supportive | Disproportionate impact of judge decertification on the Bronx Bail reform implementation and judge training 'Harm on harm' provision understanding and application 18-B attorney rate increases Diversity on the bench and in court staff Language access and court interpreters Outlier judicial decisions and accountability | Sen. Bailey engaged substantively on multiple policy areas, expressing support for OCA's efforts while pushing for accountability. He emphasized the Bronx's disproportionate loss of judges and the importance of language access. He questioned how OCA handles judges making outlier decisions and stressed the importance of public transparency about judicial accountability. |
| Sen. Bailey | high | supportive | Judicial conduct and outlier decisions 18-B rate increases and impact on real families Bail reform and pretrial detention Discovery reform effectiveness | Sen. Bailey expressed strong support for 18-B rate increases, noting their real-world impact on families and recidivism. He asked about the Commission's jurisdiction over judges making outlier decisions and urged the Legislature to maintain bail reform efforts. He thanked Director Warth for her work on equity between upstate and downstate regions. |
| Sen. Bailey | moderate | supportive | $20 million 911 system upgrades allocation Mount Vernon 911 system challenges Red Cross emergency funding for disaster housing inter-agency coordination on housing for displaced persons | Sen. Bailey advocated for Mount Vernon's specific 911 system needs and requested need-based allocation of the $20 million upgrade funding. He also raised concerns about Red Cross temporary housing availability and urged inter-agency coordination to keep displaced residents within their home boroughs. |
| Sen. Bailey | high | skeptical | bail reform data and evidence SNUG gun violence prevention funding adequacy discovery reform implementation and funding distribution State Police data collection and coordination diversity in State Police recruitment | Sen. Bailey engaged extensively with Commissioner Rosado on the empirical basis for proposed bail reform changes, noting that data does not support the proposed modifications. He questioned whether $21 million in SNUG funding is sufficient given rising gun violence and sought clarification on how discovery reform funding would be distributed to both prosecutors and defense attorneys. |
| Sen. Bailey | high | skeptical | HALT implementation and spending HALT compliance in facilities State ID implementation for incarcerated individuals Data on HALT statistics | Sen. Bailey pressed DOCCS officials on HALT implementation, questioning how the $50 million allocation was spent and expressing concern about facilities not in compliance. He requested post-hearing data and sought clarification on state ID rollout timelines, noting that 20 facilities represents less than half of New York prisons. |
| Sen. Bailey | moderate | supportive | Clean Slate Act economic benefits Employment and recidivism connection Public safety benefits of criminal record sealing | Sen. Bailey asked Ms. Schaffer to clarify economic benefits of Clean Slate Act and asked Mr. Saldana about the relationship between employment and recidivism, indicating support for record-sealing legislation. |
| Sen. Bailey | moderate | supportive | Rural Ambulance Task Force status Volunteer firefighter and EMS appreciation | Sen. Bailey asked about the Rural Ambulance Task Force and its participation, then expressed appreciation for volunteer firefighters and EMS personnel, noting the critical services they provide across rural areas. |
| Sen. Bailey | high | neutral | Police and district attorney information-sharing Discovery law statutory changes Bail reform | Sen. Bailey engaged substantively with Ms. Schreibersdorf on the mechanics of information-sharing between law enforcement and prosecutors, demonstrating concern for precise language and operational efficiency. He explicitly sought to place on the record the testifier's position that no statutory changes to discovery law or bail reform are necessary. |
| Sen. Borrello | high | skeptical | Prison violence since HALT implementation Solitary confinement conditions Gang violence management after 15-day SHU limit HALT Act suspension | Sen. Borrello questioned whether violence spikes at Collins, Attica, and Elmira are connected to HALT implementation. He asked Commissioner Annucci to describe solitary confinement conditions and how the department manages gang violence after the 15-day SHU limit, noting that Commissioner Annucci has temporarily suspended certain HALT provisions due to safety concerns. |
| Sen. Canzoneri-Fitzpatrick | moderate | neutral | Court backlogs by type Surrogate's Court backlogs and pilot programs Capital project funding Impact of bail reform legislation on court efficiency | Sen. Canzoneri-Fitzpatrick asked practical questions about backlog priorities and implementation plans, particularly regarding Surrogate's Court. She asked a pointed question about whether bail reform legislation has improved court efficiencies, which Judge Amaker declined to answer on policy grounds. |
| Sen. Gallivan | high | supportive | emergency response coordination between city, county, town, and village Western New York snowstorm response budget allocation for 28 additional employees volunteer firefighter crisis | Sen. Gallivan questioned the state's coordination role in emergency response and sought details on the 28 new positions. He expressed strong support for addressing the volunteer firefighter crisis and praised the administration's approach to resetting state-locality relationships. |
| Sen. Gallivan | high | skeptical | failure-to-appear and rearrest data crime prevention through bail policy comparison to other states' bail practices prison closings corrections officer age requirement State Police Academy capacity | Sen. Gallivan challenged the premise that bail reform has not impacted crime, citing NYPD data suggesting a connection between bail law changes and increased crime. He argued that any level of failure-to-appear or rearrest is unacceptable and questioned why New York is the only state not allowing judges to consider dangerousness in bail decisions. He also questioned the feasibility of expanding State Police Academy classes. |
| Sen. Gianaris | high | skeptical | Security detail for former chief judge Decision-making authority for security approvals Appropriateness of OCA providing security to former employees Ongoing threats and necessity of continued protection | Sen. Gianaris pressed Judge Amaker aggressively on who approved the security detail for the former chief judge and whether it was appropriate for OCA to provide ongoing protection to a former employee. He expressed frustration that the judge was not directly answering his questions and accused her of 'filibustering.' He concluded by raising concerns about corruption within the Court of Appeals and judges receiving unreported public benefits. |
| Sen. Gonzalez | high | neutral | Cybersecurity shared responsibilities JSOC coordination between ITS and DHSES Budget allocation and IT entity oversight | Sen. Gonzalez, chair of Internet and Technology, asked detailed questions about how cybersecurity responsibilities are divided between ITS, DHSES, and the chief cybersecurity officer, and how these entities coordinate through JSOC. Commissioner Bray clarified the division of labor between state systems (ITS) and local government/critical infrastructure (DHSES). |
| Sen. Gonzalez | moderate | neutral | Language accessibility expansion beyond 12 languages Digital accessibility for older residents Ransomware payments by state Cyber Red Team testing details Legacy hardware and software phase-out status | Sen. Gonzalez asked follow-up questions on accessibility, ransomware policy, and cyber testing operations. She requested detailed information on legacy system remediation and expressed interest in language expansion for Queens constituents. |
| Sen. Gounardes | moderate | neutral | TikTok use on government devices cybersecurity review of social media platforms | Sen. Gounardes raised bipartisan concerns about TikTok on government devices and confirmed that the state has blocked access on state-issued devices since 2020, with exceptions only in extraordinary circumstances requiring security review. |
| Sen. Hinchey | high | supportive | Capital funding for volunteer firehouses Park Police recruitment and retention 20-year retirement benefit for Park Police | Sen. Hinchey asked detailed questions about capital funding challenges for volunteer firehouses in his district and expressed strong support for the Park Police 20-year retirement benefit. He sought practical solutions for recruitment and retention, suggesting a capital improvement fund similar to one created for Legions and VFWs. |
| Sen. Hoylman-Sigal | high | skeptical | Pretrial criminal justice reforms and judicial training on bail reform Mandatory training requirements for judges statewide Family Court backlogs and reform Judicial selection process transparency Judicial security and protection | Sen. Hoylman-Sigal engaged extensively with Judge Amaker on judicial training compliance, expressing concern that judges may not be keeping up with criminal justice law changes. He pressed repeatedly on whether training should be mandatory statewide and whether training materials should be shared with the Legislature. He also questioned the transparency of the judicial selection process and expressed strong support for judicial protection measures. |
| Sen. Hoylman-Sigal | moderate | supportive | Housing Court access to counsel Family Court judicial vacancies Williams Commission recommendations | Sen. Hoylman-Sigal raised concerns about constituents being evicted from Housing Court without attorneys despite the right to counsel law, requesting a timeline from the Housing Court Working Group. He also asked about filling the six new Family Court judgeships and whether the judiciary consulted the Williams Commission before submitting budget testimony. |
| Sen. Hoylman-Sigal | moderate | neutral | Judicial ethics and political commentary State funding obligations for 18-B rate increases | Sen. Hoylman-Sigal asked about ethical rules governing judges' public commentary on political matters and requested clarification on why state funding is essential for 18-B rate increases. Director Warth reiterated the historical lesson from 2004 when counties cut services to fund increases without state support. |
| Sen. Hoylman-Sigal | moderate | supportive | Securing Communities Against Hate Crimes grants eligibility LGBTQ bar and nightclub inclusion in hate crime prevention funding HALT implementation and SHU compliance | Sen. Hoylman-Sigal advocated for expansion of hate crime prevention grants to include LGBTQ bars and nightclubs, noting that patrons fear attacks despite these being intended as sanctuaries. She pressed Acting Commissioner Annucci on HALT compliance, noting that 52 percent of SHU inmates exceeded the 15-day limit as of October 1st and 42 percent as of December 1st. |
| Sen. Jamaal Bailey | high | supportive | Discovery funding for district attorneys Defense funding parity Criminal justice resource allocation | Sen. Bailey asked pointed questions about why district attorneys had not applied for available discovery funding and explored the barriers (county government coordination issues). He expressed support for both DA and defense funding, emphasizing the need for parity and questioning why defenders should receive less funding than prosecutors for equivalent obligations. |
| Sen. Krueger | moderate | neutral | Hearing administration and procedural rules | As chair, Sen. Krueger managed the hearing logistics, established strict time limits for testimony and questions, and introduced the first witness. She did not ask substantive questions of Judge Amaker during the transcript provided. |
| Sen. Krueger | high | skeptical | judicial training and mandatory education judicial understanding of new laws accountability of the Court of Appeals bail reform implementation | Chairwoman Krueger engaged extensively on judicial training, arguing that judges should be required to take mandatory continuing education on new laws similar to doctors and lawyers, with testing to verify competency. She challenged the assumption that judges automatically understand new legislation and drew parallels to mandatory harassment and ethics training for legislators. She also questioned the governance structure of the Court of Appeals and its accountability. |
| Sen. Krueger | high | supportive | Mandatory judicial training and continuing legal education 18-B rate increase costs and funding mechanisms | Chairwoman Krueger asked both testifiers whether mandatory judicial training would help address problems they encounter. Both expressed strong support. She also requested detailed cost estimates for 18-B rate increases and indicated the committee would explore funding mechanisms, noting prior experience with raising counsel rates. |
| Sen. Krueger | high | skeptical | State agency computerization delays Housing and Community Renewal modernization WMS system replacement timeline Customer experience improvements Legacy system modernization | Chairwoman Krueger expressed frustration with decades-long delays in state technology modernization, citing her 1988 lawsuit over WMS and ongoing delays in HCR computerization. She pressed for accountability and better performance, noting that countries have seen governments rise and fall faster than New York has computerized its agencies. |
| Sen. Krueger | high | skeptical | HALT compliance and implementation Mental health population in prisons Reentry and homelessness pipeline Budget spending patterns and efficiency Transitional housing programs | Chair Krueger engaged extensively on HALT compliance, noting that nearly a year after implementation DOCCS had not fully complied. She raised concerns about the correlation between mental illness and incarceration, citing that approximately 40 percent of the segregated confinement population is on OMH caseload. She questioned why prison population was cut in half (60,000 to 30,000 between 2010-2023) without corresponding budget reductions, and pressed on the reentry-to-homelessness pipeline, noting that 50 percent of releases now go to NYC shelter system compared to 23 percent in 2014. |
| Sen. Krueger | high | neutral | Chairing the hearing Managing testimony flow Recognizing speakers | Sen. Krueger chaired the hearing and managed the flow of testimony throughout the day. She recognized speakers, managed time, and facilitated transitions between panels. |
| Sen. Krueger | low | neutral | General hearing administration | Chairwoman Krueger presided over the hearing conclusion, thanking testifiers and staff, and announcing the next day's education budget hearing. |
| Sen. Mayer | moderate | neutral | Taconic Correctional Facility capital improvements In-person education post-COVID Transfer process for incarcerated individuals near minor children | Sen. Mayer raised facility-specific concerns about Taconic, including the need for capital expenditures to replace a temporary visitor structure that has been in place for 10 years and the need for expanded in-person education. She asked about the process for transfers to facilities closer to home. |
| Sen. Murray | moderate | neutral | Family Court workload increases during pandemic Impact of Raise the Age legislation on 18-B caseloads | Sen. Murray asked clarifying questions about whether Raise the Age legislation impacted Family Court workload and 18-B assigned counsel caseloads. Director Warth clarified that Raise the Age would not affect 18-B mandates. |
| Sen. Murray | high | skeptical | Suffolk County ransomware attack response timing of cybersecurity protections availability after-action report and lessons learned school district cyber incident response proactive cybersecurity measures | Sen. Murray pressed Commissioner Bray on whether cybersecurity protections were available to counties before the Suffolk attack, noting that cost may have been a factor in the county's vulnerability. She emphasized the severity of the attack and sought assurance that lessons learned would be shared and applied proactively. |
| Sen. Murray | high | skeptical | Failure to appear data accuracy Desk appearance ticket inclusion in statistics Rearrest counting methodology Corrections officer recruitment and retention challenges | Sen. Murray challenged the accuracy of DCJS data on failure to appear rates and rearrest numbers, noting that desk appearance tickets are not consistently counted and that multiple rearrests of the same individual count as one rearrest. She also asked Commissioner Annucci about recruitment and retention challenges in Suffolk County corrections. |
| Sen. Myrie | high | skeptical | Deed theft and judicial conduct Disparate impact on Black and brown New Yorkers Kings County public administrator oversight Judicial transparency in property theft cases | Sen. Myrie raised pointed concerns about deed theft affecting Black and brown communities, noting that the OCA and Kings County public administrator declined to testify at a prior hearing. He pressed Administrator Tembeckjian on what the Commission can do to address this issue, signaling frustration with the lack of transparency and action. |
| Sen. Myrie | high | skeptical | One Brooklyn Health System cyberattack response hospital cybersecurity funding information sharing and collaboration during cyber incidents mandatory reporting requirements for cyber incidents | Sen. Myrie raised concerns about the One Brooklyn Health System cyberattack, questioning whether the budget provides adequate resources for prevention and highlighting communication gaps during the incident. He pressed for mandatory reporting requirements across critical infrastructure sectors. |
| Sen. Myrie | high | skeptical | Prison Violence Task Force root causes SAVE initiative risk assessment algorithms Risk assessment for parole board consideration | Sen. Myrie pressed Commissioner Annucci on whether the Prison Violence Task Force had identified specific root causes of violence, expressing frustration that the commissioner provided programmatic responses rather than concrete findings. He also questioned why risk assessment algorithms used for paroled individuals could not be applied to incarcerated individuals being considered for parole board review. |
| Sen. Myrie | high | supportive | Violence interruption programs Credible messengers and peer engagement Public safety threat assessment for elder incarcerated individuals | Sen. Myrie asked substantive questions about the Center for Justice Innovation's work with violence-involved individuals and Mr. Saldana's perspective on public safety risks posed by elder incarcerated people, signaling support for community-based solutions and elder parole. |
| Sen. O'Mara | high | supportive | Electric grid cybersecurity EMP threats and space weather New York State Fire Academy at Montour Falls Critical infrastructure protection | Sen. O'Mara engaged extensively on cybersecurity and critical infrastructure, asking detailed questions about grid protection resources, private operator security investments, and emerging threats like EMPs. He expressed support for the Fire Academy and requested a private briefing on EMP threats. |
| Sen. O'Mara | low | neutral | Gun crime statistics | Sen. O'Mara asked State Police whether they maintain statistics on gun crimes committed by lawful gun owners or on stolen firearms used in crimes, receiving negative responses on both counts. |
| Sen. O'Mara | high | opposed | Recruitment and retention challenges across law enforcement Correctional officer safety concerns HALT Act impacts and inmate behavior | Sen. O'Mara expressed concern about recruitment challenges in the 'defund the police' environment and asked Powers to elaborate on the brazenness and boldness of inmates since HALT implementation. He acknowledged the difficulty of attracting young people to corrections work given safety concerns. |
| Sen. Oberacker | moderate | supportive | Prison violence trends Staff retention and recruitment Staff wellness initiatives | Sen. Oberacker expressed respect for corrections officials and asked whether violence trends are continuing into 2023. He acknowledged the difficulty of recruitment and retention and expressed appreciation for staff wellness initiatives, noting the challenges COs face in maintaining motivation. |
| Sen. Palumbo | moderate | neutral | Caseload impacts of bail and discovery reform Case resolution timelines Pandemic effects on criminal justice system | Sen. Palumbo asked detailed questions about caseload trends and whether bail and discovery reform have affected case assignments and resolution times. Director Warth explained the difficulty of separating pandemic impacts from reform impacts and provided data showing 2022 caseloads remain below pre-pandemic 2018-2019 levels. |
| Sen. Palumbo | moderate | supportive | Sexual assaults on staff Harassment and vulgar language by incarcerated individuals Disciplinary consequences | Sen. Palumbo raised concerns about sexual assaults and harassment of female corrections officers, noting that union members reported increased incidents of vulgar and sexually inappropriate language. She sought clarification on disciplinary measures for such behavior. |
| Sen. Palumbo | high | skeptical | Correctional facility discipline systems HALT Act impacts on inmate-on-inmate violence Internal discipline for non-violent infractions | Sen. Palumbo, identifying as a former prosecutor, pressed Powers on the lack of internal discipline systems in correctional facilities, particularly for non-violent infractions like vulgar language. She highlighted the 34% increase in inmate-on-inmate assaults and emphasized that all inmates deserve safe conditions to serve their sentences. |
| Sen. Ramos | high | opposed | diversion courts expansion budget priorities for problem-solving courts incarceration costs | Sen. Ramos challenged Judge Amaker on the lack of budget expansion for diversion courts despite their effectiveness, noting that $15 million could expand them statewide beyond Brooklyn and Ontario counties. He questioned the judge's commitment to diversion given the budget proposal and cited that incarceration costs slightly more than half a million dollars per person. |
| Sen. Rolison | moderate | neutral | secured beds for juveniles in Family Court Raise the Age implementation data collection on judicial constraints | Sen. Rolison, drawing on experience as mayor of Poughkeepsie, raised concerns about the shortage of secured beds for juveniles deemed by judges to need secure placement, particularly outside New York City. He requested data on instances where judges cannot find available beds and discussed a case where electronic monitoring failed and a juvenile was remanded to county jail. |
| Sen. Rolison | moderate | neutral | volunteer fire service crisis EMS crisis and mutual aid requests evolution of emergency services | Sen. Rolison, drawing on personal experience as a volunteer firefighter and police officer, asked Commissioner Bray to update the committee on the EMS crisis, which he characterized as an impending or current crisis alongside the volunteer fire service challenges. |
| Sen. Rolison | moderate | supportive | EMS designation as critical service Task Force 2 rescue operations Daily public safety challenges | Sen. Rolison expressed appreciation for DHSES efforts and praised Task Force 2's rescue work in Poughkeepsie in 2018. He raised concerns about EMS not being designated a critical service like police and fire, signaling this as an area needing attention. |
| Sen. Rolison | moderate | supportive | GIVE program expansion Corrections officer retention Violence task force reporting | Sen. Rolison asked about GIVE program funding for her district (Poughkeepsie and Newburgh) and inquired about corrections officer retention challenges. She requested access to violence task force reports and asked about retention programs for current officers. |
| Sen. Rolison | high | skeptical | Park Police staffing levels and historical context Correctional facility violence and data Retention programs for Park Police | Sen. Rolison engaged substantively with McGarity on Park Police staffing history and with Powers on correctional violence data. She acknowledged the irrefutable nature of assault data and pressed McGarity on retention programs beyond the 20-year retirement benefit, suggesting follow-up offline conversations. |
| Sen. Scarcella-Spanton | moderate | skeptical | Volunteer firefighter recruitment and retention Nominal fee policy for volunteer benefits 911 technology upgrade costs and federal funding Firefighter training requirements | Sen. Scarcella-Spanton questioned whether nominal fees should be requirements rather than options for local governments seeking to address volunteer firefighter decline. She also pressed on 911 technology upgrade costs and federal support, noting the safety concern of Staten Island calls being routed to New Jersey. |
| Sen. Stec | high | skeptical | cell service coverage in North Country and Adirondacks emergency 911 calls originating from cellphones state funding mechanisms for cellular infrastructure e-procurement system timeline and efficiency gains | Sen. Stec raised critical concerns about cell service gaps in the Adirondacks, noting that half to majority of 911 calls originate from cellphones. He corrected Commissioner Bray's assertion that local government was blocking cell service expansion, stating the issue is economic and urged state partnership funding similar to broadband initiatives. |
| Sen. Stec | moderate | supportive | concealed carry law clarification and enforcement historic reenactments and antique firearm displays State Police enforcement policy during interim period | Sen. Stec raised concerns about confusion and canceled reenactments due to unclear concealed carry law enforcement, supporting the Governor's proposed technical amendments for clarification. He asked about State Police enforcement policy during the interim period before clarification is enacted. |
| Sen. Stec | high | skeptical | HALT Act implementation RRU tablet and phone privileges Incentive structure for incarcerated individuals Behavioral rehabilitation | Sen. Stec raised pointed concerns about the HALT Act implementation, specifically questioning whether unlimited tablet and phone access in RRUs creates perverse incentives that undermine rehabilitation. He and Assemblywoman Woerner visited Great Meadow and sent a joint letter highlighting that RRU privileges exceed those in general population and Honor Block, potentially discouraging behavioral improvement. |
| Sen. Thomas | moderate | opposed | Judgment interest rates in Housing Court Misapplication of 2011 law reducing judgment interest from 9% to 2% | Sen. Thomas raised a specific complaint about Housing Court judges still applying 9% judgment interest despite a 2011 law reducing it to 2%. He characterized this as a 'miscarriage of justice' and requested immediate rectification, indicating he would follow up with OCA after the hearing. |
| Sen. Thomas | high | skeptical | judicial ethics and recusal rules campaign contributions from attorneys juror anonymity and protection | Sen. Thomas pressed Judge Amaker on whether judges should recuse themselves when attorneys who contributed to their campaigns appear before them, expressing frustration with nuanced answers and demanding a 'yes or no' response. He also proposed legislation to protect juror identities using numbers instead of names, similar to federal practice. |
| Sen. Tom O'Mara | high | skeptical | Discovery timeline reforms Staggered discovery procedures Balancing prosecutor and defense needs | Sen. O'Mara, a former district attorney, expressed concern about the aggressive discovery timeline and its draconian outcomes, citing a high-profile case involving police fabricating evidence. He asked about proposals to stagger discovery timelines and prioritize certain materials, signaling openness to reform while maintaining prosecutorial concerns. |
| Sen. Weinstein | moderate | neutral | 18-B rate increase costs Judiciary Budget vs. other budget allocations | Chairwoman Weinstein asked Director Warth for cost estimates on 18-B rate increases and noted that attorney for child increases are included in the Judiciary Budget while 18-B is not. She requested detailed analysis and indicated willingness to explore additional fee increases to offset costs. |
| Sen. Zellnor Myrie | moderate | supportive | Defense bar needs related to discovery Resource burden on defenders Funding equity between prosecution and defense | Sen. Myrie asked Brooklyn Defender Services to elaborate on the discovery burden on defenders and why funding allocation should be equitable. He acknowledged hearing ample testimony about prosecution needs but sought detailed explanation of defense bar challenges. |