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FINANCE

2023-02-07 JOINT LEGISLATIVE HEARING In the Matter of the 2023-2024 EXECUTIVE BUDGET ON PUBLIC PROTECTION Chair: Sen. Krueger View full transcript → Archive

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—roughly 17 percent of its workforce—between 2010 and the end of 2021, with hundreds departing during the COVID-19 pandemic when a hiring freeze was in effect. The budget request includes funding for 20 new Supreme and Family Court judgeships, a 3 percent increase in civil legal services funding to support 82 providers statewide, and implementation of collective bargaining agreements costing $130 million retroactively. Judge Amaker cited significant court backlogs: approximately 81,000 cases in New York City Family Court, 21,000 in NYC Criminal Court, and 11,000 to 12,000 in NYC Criminal Supreme Court. She highlighted a Gun Parts initiative that resolved 2,600 cases from April 2022 onward through expedited procedures and specialized judicial training. Senate Judiciary Committee Chair Brad Hoylman pressed Judge Amaker on whether judges are adequately trained on pretrial criminal justice reforms, repeatedly asking whether training should be mandatory statewide and requesting public disclosure of training materials and judge attendance records. Judge Amaker acknowledged concerns but noted that the overwhelming majority of judges voluntarily attend training sessions. She also raised alarm about judicial security, reporting a 40 percent increase in threats against judges from 2020 to 2022 and receiving weekly eight-page reports on judicial threats from courts outside New York City. Judge Amaker urged lawmakers to support a Judicial Protection Act that would remove judges' personal information from public access. Assembly Judiciary Committee Chair Charles Lavine questioned the adequacy of proposed 18-B assigned counsel rates of $158 per hour in the metropolitan area and $119 elsewhere, noting that a two-week trial could exceed the anticipated $10,000 case cap, and suggested expanding the Gun Parts model beyond New York City to address gun violence statewide. NEW YORK — The Office of Court Administration faced intense scrutiny during a joint legislative budget hearing on Tuesday, with lawmakers pressing Acting Chief Administrative Judge Jeffrey Amaker on security details for a former chief judge, court backlogs, and alleged systemic corruption within the judiciary. Sen. Mike Gianaris (D-Queens) aggressively questioned who authorized and approved ongoing security protection for the former chief judge, a former employee no longer serving in the judiciary. Judge Amaker explained that the Department of Public Safety made the determination, citing over 50 investigated threats against the former judge, including a 2018 incident where a litigant stalked her to her vacation home. However, Amaker declined to confirm whether the security detail remains active, citing safety concerns. Gianaris expressed frustration that the OCA was not providing direct answers and cited a Law360 report alleging a $2.5 billion corruption problem within the Court of Appeals involving judges receiving unreported public benefits. On court operations, Judge Amaker testified that the OCA processed 2.1 million filings last year and resolved nearly that many cases, but significant backlogs persist across multiple court types due to COVID-19 pandemic impacts. The most serious backlogs exist in Criminal Term Supreme Court, Family Court, Housing Court, and Surrogate's Court. The OCA is requesting additional funding for staff and judges, with costs of approximately $1 million per new judgeship when accounting for supporting personnel. Sen. Jamaal Bailey (D-Bronx) emphasized that the Bronx was disproportionately affected when 47 judges were decertified during the pandemic and pressed Amaker on whether judges are properly understanding and applying recent bail reform changes, particularly the "harm on harm" provision. Amaker confirmed that judges received mandatory training on May 6, 2022, prior to the May 9 effective date of the most recent changes. On diversity, Judge Amaker noted that three of four deputy chief administrative judges are judges of color and highlighted the Scales of Justice Academy, which brings approximately 50 high school students of color through the court system annually. Sen. Kevin Thomas (D-Long Island) raised a compliance issue regarding judgment interest rates in Housing Court, noting that despite a 2011 law reducing the rate from 9 percent to 2 percent for consumer debt matters, some courts continue applying the higher rate. Judge Amaker committed to investigating immediately. The hearing, held before the Joint Legislative Committee on Finance, focused on the 2023-2024 Executive Budget proposal for the judiciary. The OCA is requesting an additional $43 million appropriation to cover proposed 18-B attorney rate increases. NEW YORK — The state judiciary faced pointed criticism from lawmakers over diversion court funding, judicial training, and mandatory court fees during a joint legislative budget hearing on Tuesday, with legislators arguing the court system is underfunded and judges lack adequate education on new laws. Acting Chief Administrative Judge Lawrence Amaker defended the judiciary's 2023-2024 budget proposal, which includes a $121 million increase, but encountered skepticism from multiple senators and assembly members who questioned whether the funding adequately addresses critical needs. Sen. Ramos challenged the judiciary's commitment to diversion courts, noting that only $2 million is currently budgeted despite evidence that $15 million could expand the programs statewide beyond Brooklyn and Ontario counties. "How committed are you if you're not proposing an expansion in your budget?" Ramos asked. Judge Amaker attributed the modest funding to declining usage rates, but Ramos countered that judges may not be encouraging the programs sufficiently. Chairwoman Krueger raised broader concerns about judicial training, arguing that judges should be required to take continuing education on new laws similar to doctors and lawyers. She expressed frustration that the judiciary cannot demonstrate judges actually understand current laws. "We don't have any evidence of that because there's not actually data, there's not testing of judges," Krueger said. Judge Amaker defended judges' understanding, attributing divergent decisions to judicial discretion rather than ignorance of the law. Assemblyman Burgos pressed Judge Amaker on mandatory court fees, citing a 2017 NYC Comptroller report showing 139,000 surcharges totaling $19 million. He noted that fees of $95 for violations, $175 for misdemeanors, and $300 for felonies fuel poverty cycles and create barriers to reentry. Judge Amaker acknowledged collecting $500 million in fees annually but said the judiciary's budget is not dependent on fee revenue. Assemblyman Epstein criticized a minimal 3 percent increase in civil legal services funding ($115 million to $116 million), arguing it is insufficient given increased poverty and legal needs. He disagreed with Judge Amaker's assertion that recruitment, rather than resources, is the primary barrier to expanding counsel access. Sen. Hoylman-Sigal questioned the timeline for the Housing Court Working Group to address the lack of counsel for tenants despite New York City's right to counsel law, while Sen. Rolison raised concerns about the shortage of secured beds for juveniles in Family Court outside New York City. The hearing, held before the Senate Finance Committee and Assembly on February 7, highlighted tensions between the judiciary and legislators over budget priorities, judicial accountability, and access to justice. NEW YORK STATE LEGISLATURE EXAMINES JUDICIAL BUDGET AMID ETHICS ENFORCEMENT SURGE AND FAMILY COURT FUNDING CRISIS The New York State Senate and Assembly held a joint hearing on the 2023-2024 Executive Budget for public protection on February 7, examining the state's judicial system operations, ethics enforcement, and indigent legal services. The hearing revealed a record year for judicial discipline but exposed significant disparities in funding for Family Court representation compared to criminal defense. The Commission on Judicial Conduct reported receiving over 2,400 complaints in 2022—several hundred more than its previous high—and publicly disciplined 25 judges, including 15 who resigned or were removed from office. This marked the highest number of disciplinary actions since 2009. Administrator Robert Tembeckjian highlighted a critical vulnerability in New York's system: judges can escape discipline by resigning, a practice that occurs at least twice yearly. He noted that 38 other states make disciplinary proceedings public at the point of formal charges, while New York keeps all proceedings confidential until final disposition. Tembeckjian advocated for legislative reforms to expand the Commission's jurisdiction over judges who resign after formal charges are filed and to make proceedings public earlier in the process. Patricia Warth, director of the Office of Indigent Legal Services, presented stark data on representation disparities. While criminal defense has benefited from significant state investment under the Hurrell-Harring settlement—resulting in 624 new attorney positions and 362 non-attorney positions since 2018, with weighted caseloads declining and spending per case increasing—Family Court representation remains severely underfunded. Warth documented that Family Court weighted caseloads are significantly higher than criminal caseloads and spending per case is less than half that of criminal cases. She warned that this disparity disproportionately impacts Black and brown families, resulting in unnecessary family separations and foster care placements. Warth requested $28 million in state funding for Family Court representation, compared to the $4.5 million in the Executive Budget. She also criticized the Governor's proposed 18-B assigned counsel rate increase, which has not been raised since 2004, for including problematic geographic distinctions ($158 per hour downstate, $119 upstate) and case caps that discourage quality representation and incentivize guilty pleas. She called for eliminating these provisions and establishing a mechanism for periodic rate increases. Senators and Assembly members pressed for greater transparency and equity. Sen. Brad Hoylman-Sigal questioned why Family Court representation has not been prioritized equally with criminal defense and asked whether the state faces exposure to another Hurrell-Harring-style lawsuit. Assemblywoman Kelles, an epidemiologist, challenged assertions that data collection on judicial decision-making is impossible, citing 38 other jurisdictions successfully tracking the application of least restrictive means standards. Assemblyman Lavine sought clarification on how often judges resign while under investigation and whether New York's highest court has a separate ethics code. The hearing underscored tensions between the judiciary's operational needs, ethics enforcement capacity, and the Legislature's commitment to equitable legal representation across the court system. NEW YORK — State officials testified before a joint legislative committee on the 2023-2024 Executive Budget's public protection components on Tuesday, with heated exchanges over judicial conduct, assigned counsel rates, and bail reform implementation. Sen. Zellnor Myrie pressed the Commission on Judicial Conduct on deed theft cases affecting Black and brown New Yorkers, noting that the Office of Court Administration and Kings County public administrator's office declined to testify at an October hearing on the topic. Administrator Tembeckjian acknowledged the Commission's limitations, explaining it cannot reverse judicial decisions even if bias is found, but can investigate complaints of judicial incompetence or ethical violations. Director Warth of Indigent Legal Services advocated for eliminating or significantly raising the cap on assigned counsel fees, estimating the cost of increasing 18-B rates at $150-180 million annually based on 2019 case numbers. She presented data showing significant reductions in pretrial detention post-bail reform in five Hurrell-Harring counties, particularly for low-level nonviolent offenses. Sen. Bailey praised her work, emphasizing that assigned counsel rate increases have real-world impacts on families, recidivism, and family violence. DHSES Commissioner Jackie Bray outlined the division's $9 billion budget, which includes $63 million in new appropriations for volunteer fire service support and cybersecurity expansion. She noted that 76 percent of New York's 1,600+ volunteer fire departments reported declining volunteer service in recent years. The budget proposes $10 million for a volunteer firefighter training stipend and $20 million to strengthen 911 operations. Deputy CIO Jennifer Lorenz highlighted the newly operational Joint Security Operations Center, a 24/7 threat monitoring hub that is becoming a national model for state and local cybersecurity coordination. ITS has deployed language translation services to 84 public-facing websites and hired the state's first chief privacy officer. Chair Krueger asked both judicial and ITS officials whether mandatory judicial training would help address systemic problems, with both expressing support for the concept. The hearing revealed ongoing tensions over judicial accountability, criminal defense funding, and the implementation of recent criminal justice reforms. NEW YORK STATE OFFICIALS DEFEND CYBERSECURITY SPENDING, BLIZZARD RESPONSE AT BUDGET 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 whether investments are sufficient to protect vulnerable local governments. The hearing focused on the 2023-2024 Executive Budget for public protection, with particular emphasis on a $30 million cybersecurity initiative and the state's response to December's devastating Buffalo blizzard that killed 47 people. DHSES Commissioner John Bray reported that the state has enrolled 43 counties and five major cities in a new endpoint protection program designed to prevent ransomware attacks like the one that crippled Suffolk County government last year and stole nearly 4 terabytes of data. The program expects to protect approximately 64,000 endpoints over the coming months. "We certainly have seen an increase in ransomware attacks," Bray said, noting that DHSES responded to 54 cyberattacks on localities, school boards, and critical infrastructure this year. He characterized the trend as "relatively typical of the last couple of years, but it is definitely accelerating." Sen. Gonzalez pressed officials on implementation details, asking what percentage of state agencies have deployed multifactor authentication and whether the state is adequately addressing vulnerabilities posed by third-party contractors. OITS Deputy CIO Lorenz said the state has completed MFA rollout for public-facing sites and is pursuing a "multilayered defense approach" including identity access management and network security. On the December blizzard, Bray defended the state's response while acknowledging the need for improvement. He described the storm as "the longest blizzard in the continental United States history below 5,000 feet of elevation" and said state personnel made 650 saves during the response. However, he acknowledged that first responders were "frozen in place" for 30-37 hours and said a formal after-action review will examine what could have been done differently. Sen. Borrello, a Western New Yorker, questioned whether the driving ban was imposed too late, allowing people to leave for work before conditions deteriorated. Bray noted that such decisions are delegated to counties and localities, not the state. Assemblyman Otis, chair of the Science and Technology Committee and a former mayor, praised the aggressive cybersecurity stance but expressed concern about protecting smaller municipalities and school districts. He asked whether the state should establish a dedicated funding stream for local government cybersecurity, noting that many rely on advice from insurance carriers rather than state expertise. Bray indicated that federal funding should be the primary source, but acknowledged the state may need to fill gaps. He predicted the ransomware insurance market will evolve to require certain security measures—such as endpoint protection and backup systems—before insurers will offer coverage. Assemblyman Dinowitz focused on domestic terrorism prevention, asking Bray to detail efforts to combat antisemitic hate crimes, which he noted comprise approximately two-thirds of religious-based hate crimes despite Jewish people comprising only 2-3 percent of the population. Bray outlined three initiatives: administering federal not-for-profit security grants, establishing threat assessment and management teams, and developing training programs to help educators and mental health professionals spot radicalization. The hearing also addressed a $10 million volunteer firefighter training stipend program. Sen. Ashby questioned whether the funding was adequate, noting that the math suggested roughly $6,000 per department for approximately 1,600 volunteer firefighters. Bray said the funding was calculated based on historical participation rates in training courses and included a cushion to ensure all eligible firefighters receive stipends. Bray also noted that the federal State and Local Cybersecurity Grant program is expected to provide no more than $20 million over five years for New York—far below what the state needs to adequately protect local governments from cyber threats. NEW YORK STATE SENATE FINANCE COMMITTEE EXAMINES 2023-2024 PUBLIC PROTECTION BUDGET AMID VOLUNTEER FIREFIGHTER CRISIS The New York State Senate Finance Committee held a joint legislative hearing on February 7, 2023, to examine the 2023-2024 executive budget for public protection, with testimony from Department of Homeland Security and Emergency Services Commissioner Bray and Office of Information Technology Services Deputy CIO Lorenz. Commissioner Bray acknowledged a full-blown crisis in the volunteer fire service, citing a 160 percent increase in mutual aid requests over the past decade and noting that 76 percent of respondents reported a real issue in the sector. The budget allocates $10 million toward volunteer firefighter recruiting and provides 18 additional Fire Protection Specialists to expand training capacity. The administration is offering stipends of $750 for basic interior firefighting training and $1,250 for interior firefighting, with flexible scheduling options to accommodate working firefighters. Senators pressed Bray on cybersecurity investments following high-profile attacks. Sen. Murray questioned whether protections available to counties under a new state program could have prevented the Suffolk County cyberattack, which crippled county operations and forced 911 operators to use paper records. Bray acknowledged the program was still being rolled out when the attack occurred. Sen. Myrie raised concerns about the One Brooklyn Health System cyberattack and questioned whether the budget adequately funds hospital cybersecurity, noting there is no specific hospital security funding in the current budget. The hearing also addressed 911 system modernization, with the budget allocating $20 million for Next Gen 911 infrastructure upgrades to transition from copper wire to fiber-enabled systems. Commissioner Bray acknowledged that current GPS systems in 911 centers are less advanced than food delivery apps, contributing to misdirected calls. Sen. Stec raised pointed questions about cell service gaps in the Adirondacks, where emergency 911 calls originating from cellphones cannot reach responders due to poor coverage. He corrected Bray's assertion that local government was blocking cell service expansion, stating the issue was economic rather than regulatory. Deputy CIO Lorenz reported that OITS has conducted over 50 job fairs this year and has SUNY/CUNY partnerships underway to address hiring challenges. He noted the agency has moved beyond legacy system issues through strategic planning and cyber remediation efforts funded in previous budgets. The hearing reflected bipartisan concern about emergency services capacity, cybersecurity preparedness, and infrastructure gaps in rural areas. NEW YORK STATE SENATE FINANCE COMMITTEE HEARING ON 2023-2024 PUBLIC PROTECTION BUDGET — Governor Hochul's proposed budget for public protection agencies drew mixed reactions during a joint legislative hearing Tuesday, with lawmakers praising crime reduction initiatives while expressing deep frustration over decades of failed technology modernization efforts. The Division of Criminal Justice Services reported significant progress in reducing gun violence, with shootings down 17 percent in New York City and 15 percent in targeted jurisdictions in 2022—representing 453 fewer shootings than the prior year. DCJS Commissioner Rossana Rosado announced the Governor's budget would provide $100 million for evidence-based crime reduction programs, including doubled funding for alternative-to-incarceration programs ($31.4 million) and the GIVE gun violence initiative ($36.4 million). The New York State Police highlighted seizure of 2,026 illegal guns between August 2021 and December 2022, a 138 percent increase, and requested budget approval for concurrent academy classes to rebuild staffing depleted by pandemic-era hiring freezes. Acting Superintendent Steven Nigrelli said the agency had not graduated a new trooper class for two years. The Department of Corrections and Community Supervision reported alarming increases in facility violence, with assaults on staff rising 25 percent to 1,469 incidents in 2022, and incarcerated-on-incarcerated assaults jumping 34 percent to 1,486—both record highs. Acting Commissioner Anthony Annucci attributed the increases to contraband introduction and announced new deescalation training and a Moderate Aggression Program. But Chairwoman Liz Krueger (D-Manhattan) delivered a scathing critique of state technology failures, noting that a welfare system (WMS) purchased in the late 1980s remains in use despite being outdated when acquired. She cited her own 1988 lawsuit challenging the system's implementation and said the state has failed to modernize housing agency systems despite promises from former Governor Andrew Cuomo. "Countries have seen governments rise and fall faster than New York State's been able to figure out how to computerize its state agencies," Krueger said. OITS Deputy CIO Lorenz acknowledged the failures, saying the state has been "very tactical" due to funding constraints and workforce reductions. He said the Integrated Eligibility System to replace WMS targets completion by 2026, with small wins including a new NYDocSubmit application allowing online document uploads. On cybersecurity, DHSES Commissioner Bray announced a new Joint Security Operations Center with ITS to merge threat data across agencies and increased cyber incident response capacity. He said New York State has not paid ransomware demands under his tenure and recommended against ransom payments except when lives are at imminent risk. Sen. O'Mara (R-Chemung) pressed Bray on electrical grid security, asking whether the state has adequate resources to protect against cyber and physical attacks. Bray said private operators bear primary responsibility but that the state is adding industrial control systems expertise this year, with focus on grid protection. The hearing also addressed volunteer firefighter recruitment, with DHSES reporting a loss of approximately 20,000 volunteer firefighters over the past decade. Commissioner Bray said the state would allow local governments to offer nominal fee stipends—capped at 20 percent of volunteer benefits—but made them optional rather than mandatory, arguing a "cookie-cutter approach" would not work across diverse communities. Sen. Scarcella-Spanton (R-Staten Island) raised concerns about 911 system deficiencies, noting that Staten Island residents' calls are sometimes routed to New Jersey. Bray estimated upgrading the statewide network would cost "well north of $100 million" over several years, shared between state and local governments. He noted a House bill providing significant Next Gen 911 funding passed last Congress but failed in the Senate. NEW YORK STATE SENATE FINANCE COMMITTEE QUESTIONS BAIL REFORM EVIDENCE AT BUDGET HEARING Albany — State senators pressed administration officials Tuesday on the empirical basis for proposed bail reform changes in the 2023-2024 Executive Budget, with data presented at the hearing showing no meaningful difference in failure-to-appear rates between defendants charged with qualifying and non-qualifying offenses. During a joint legislative hearing on the public protection budget, Sen. Jamaal Bailey and Assemblyman Dinowitz repeatedly asked DCJS Commissioner Rosado whether evidence supports removing the "least-restrictive-means" standard for bail determinations—a centerpiece of the Governor's proposal. Commissioner Rosado acknowledged that current data shows failure-to-appear and rearrest rates are "basically flat" across offense categories, yet defended the proposal as addressing confusion among judges about how to apply existing bail laws. "The data doesn't bear that out so far," Sen. Gallivan said, questioning whether the state should follow 49 other states in allowing judges to consider a defendant's dangerousness to the community. "Shouldn't that always be our goal?" he asked, referring to reducing crime to zero. Commissioner Rosado countered that "bail has never been a crime-prevention tool," noting it is designed to ensure court appearance. She said the Governor heard feedback from judges and communities about confusion in implementation. The hearing also addressed gun violence prevention funding. The Executive Budget proposes $21 million for the SNUG program—unchanged from last year—despite rising gun violence. Commissioner Rosado reported that SNUG site shootings are down 32 percent and GIVE site shootings down 15 percent, but did not directly answer whether the funding level is sufficient. On corrections issues, Acting Commissioner Annucci testified that DOCCS faces 867 current corrections officer vacancies, projected to reach 1,150 by year-end. The budget proposes lowering the minimum age for corrections officers from 21 to 19 to address recruitment challenges. Annucci compared the proposal to military service and cited rigorous psychological screening and training requirements. The administration also proposed $13 million for 80 body scanners across state prisons as an alternative to strip frisks, and detailed a new SAVE initiative targeting high-risk individuals released from prison, with 66 positions and GPS monitoring. Acting State Police Superintendent Nigrelli testified on a $100 million forensic lab expansion in Albany, noting the current 1994-era facility is overcrowded, with scientists using storage closets as offices. He also reported no enforcement actions or complaints related to the concealed carry law changes passed last July, and discussed ongoing work with the Department of Parks and Recreation on Park Police operations. The hearing revealed tensions between lawmakers seeking evidence-based policy changes and administration officials defending proposals based on feedback from judges and communities. The committee did not vote on any measures. NEW YORK STATE LAWMAKERS GRILL CORRECTIONS AND LAW ENFORCEMENT OFFICIALS ON VIOLENCE, STAFFING CHALLENGES AT BUDGET HEARING Legislators sharply questioned state corrections and law enforcement officials on Tuesday over rising prison violence, staffing shortages, and implementation of the HALT Act limiting solitary confinement, during a joint legislative hearing on the 2023-2024 Executive Budget for public protection. Acting DOCCS Commissioner Brian Annucci reported that assaults on staff increased 25 percent in 2022, with incarcerated-on-incarcerated assaults up 34 percent. The current incarcerated population stands at just over 31,000, with an increase of about 700 from 2021 to 2022 as courts resume full operations. Sen. Jim Stec, whose district includes seven correctional facilities, raised pointed concerns about the HALT Act implementation, specifically questioning whether unlimited tablet and phone access in Residential Rehabilitation Units creates perverse incentives that undermine rehabilitation. "You're giving it away and you're not letting them earn it," Stec said, noting that incarcerated individuals prefer RRU conditions to the general population or Honor Block. Commissioner Annucci defended the tablet program, explaining it was introduced to mitigate isolation effects during the transition away from traditional solitary confinement. He noted that incarcerated individuals spent 54 million minutes on phone calls in 2022 (he initially misstated the figure as 254 million). The commissioner acknowledged that violence trends are continuing and said he has temporarily suspended certain HALT provisions requiring unrestrained movement between cells and programs due to safety concerns. Sen. Zellnor Myrie pressed Annucci on whether the Prison Violence Task Force had identified specific root causes of violence, expressing frustration that the commissioner offered only programmatic responses rather than concrete findings. Assemblyman Giglio questioned whether the system has adequate capacity, asking about overtime policies for corrections officers. Executive Deputy Commissioner Vincent Martuscello reported that overtime is capped at 16 hours per day but there is no limit on consecutive days worked, and that 750 staff signed up for a new open enrollment recruitment system in January alone. On law enforcement, Acting State Police Superintendent Steven Nigrelli reported a 138 percent increase in illegal weapons seizures from August 2021 to December 2022. He also disclosed that oral fluid testing technology for detecting marijuana impairment remains under development and is not ready for field use—two years after the recreational marijuana law passed. Assemblyman Tannousis expressed frustration over the lack of progress, noting that the previous superintendent had assured legislators the testing mechanism would be ready. DCJS Commissioner Kristen Rosado reported that 4,000 Extreme Risk Protection Orders have been filed since the Buffalo shooting and that the Executive Budget doubles funding for alternatives to incarceration programs from $15.7 million to $31.4 million. She also clarified data on failure to appear rates, acknowledging that desk appearance tickets are not consistently counted across the state. Assemblywoman Assemblywoman Walker raised concerns that the Governor's proposed bail reform would eliminate the "least restrictive condition" standard and leave judges with unfettered discretion, potentially exacerbating racial disparities in bail decisions. The hearing revealed significant tensions between legislative oversight and agency implementation of recent criminal justice reforms, particularly around the HALT Act and bail reform. NEW YORK — State corrections officials faced sharp questioning from lawmakers on Tuesday over the implementation of the HALT Act and surging prison violence, as they defended their 2023-2024 budget proposal during a joint legislative hearing on public protection. Executive Deputy Commissioner Martuscello acknowledged that the Department of Corrections and Community Supervision has spent over $110 million in capital funding for HALT implementation, exceeding an initial $69 million allocation. However, he conceded that the agency has struggled to comply with the law's core requirement that incarcerated individuals spend no more than 15 consecutive days in solitary confinement. As of the hearing, 21 people remained beyond that threshold, down from over 200 earlier in the year. The compliance challenges stem from unprecedented violence in the system. Martuscello reported a 25 percent increase in assaults on staff and a 34 percent increase in incarcerated-on-incarcerated assaults since HALT's April 2022 implementation. Acting Commissioner Annucci attributed the violence partly to a small number of individuals challenging authority and noted that the agency is 2,900 corrections officer positions below its budgeted level. Chairwoman Liz Krueger pressed officials on whether the law gave them adequate tools, noting that Senator Julia Salazar—absent due to illness—had visited facilities and found no evidence of DOCCS' ability to comply. Krueger also raised concerns about the mental health population in prisons, noting that nearly 40 percent of the incarcerated population is on the Office of Mental Health caseload. A second major concern emerged around reentry: Krueger cited data showing that the percentage of formerly incarcerated individuals entering the NYC shelter system has jumped from 23 percent in 2014 to 50 percent in recent years. Annucci described the Edgecombe Transitional Housing program, which has capacity for 70 individuals and provides stipends of up to $100 per week for 12 weeks to help secure permanent housing. He also noted that the average parolee spends 37 days in the NYC shelter system. Annucci reported 113 deaths in DOCCS custody in 2022—55 from natural causes, 17 suicides, 2 homicides, 1 accidental, and 38 awaiting autopsy results—representing an 18 percent decrease from 2001. Assemblyman Palmesano, a vocal HALT critic, called the law "an absolute disaster" and suggested Governor Hochul declare a state of emergency to suspend it, similar to declarations for COVID and gun violence. He asked for data on assaults committed by individuals exempt from solitary confinement under HALT—those under 19 and over 55 years old. Annucci cited one case: a 54-year-old who committed a homicide just six months before reaching the age threshold that would have protected him from SHU placement. Division of Criminal Justice Services Commissioner Rosado reported that the GIVE program, which funds violence prevention in police departments, supports 20 departments in 17 counties representing approximately 80 percent of violent crime outside New York City. He confirmed that additional GIVE funding in the Governor's proposal can expand the program to new jurisdictions. The hearing, held before the joint Senate-Assembly Finance Committee, underscored the tension between public safety concerns raised by corrections staff and lawmakers, and the constraints imposed by HALT, which was enacted to address what advocates called inhumane solitary confinement practices. NEW YORK — State corrections and criminal justice officials faced pointed questions Tuesday about data gaps and program effectiveness during a joint legislative budget hearing on public protection, as advocates pushed for criminal justice reforms including elder parole and record-sealing legislation. Acting Corrections Commissioner Daniel Annucci reported that 70-something percent or higher of incarcerated individuals need substance abuse treatment, while Executive Deputy Commissioner Thomas Martuscello detailed dramatic reductions in contraband following implementation of a new vendor package program. The program, which allows families to order from any vendor rather than mailing packages directly, reduced contraband instances from 710 in 2021 to just 30 since implementation, Martuscello testified. Narcan usage dropped 13 percent from 415 instances in 2021 to 360 in 2022, though the agency reported a 64 percent increase in visitor arrests. However, Assemblyman Angelo Tsakopoulos Brown pressed officials on missing data, asking whether the state tracks how many people are agreeing to involuntary substance abuse treatment as an alternative to incarceration post-bail reform. DCJS Commissioner Rosado acknowledged the agency does not currently track this metric. Brown also questioned whether the state is tracking accidents and fatalities caused by marijuana use, which Acting Superintendent Nigrelli confirmed the State Police does monitor. Advocates testified in support of several reform measures. Katie Schaffer of the Center for Community Alternatives opposed the Governor's proposal to eliminate bail reform's least restrictive standard, noting that 33 other states use such a standard and none have eliminated it entirely. She cited Michigan research showing that sealing criminal records increases employment by 11 percent and earnings by 25 percent, with potential economic benefits to New York of $7 billion. Jose Saldana of the Release Aging People in Prison Campaign advocated for Elder Parole and Fair & Timely Parole legislation, arguing that releasing elder and infirm incarcerated people could save approximately $500 million annually while posing minimal public safety risk. Chaplain Dr. Victoria A. Phillips testified in support of the Treatment Not Jail Act, emphasizing that one out of four incarcerated individuals have been diagnosed with mental health and substance abuse disorders. Ed Tase, president of the Firefighters Association of the State of New York, expressed support for the Governor's budget proposals on volunteer firefighter recruitment, noting that the state has lost 20,000 volunteer firefighters over 20 years and that volunteers provide 80 percent of fire protection services outside New York City. The hearing, held before the joint Finance Committee, featured testimony from multiple state agencies and advocacy organizations on the 2023-2024 Executive Budget's public protection provisions. NEW YORK — Law enforcement unions and prosecutors testified before the Senate Finance Committee on Tuesday that New York's public safety agencies face a recruitment and retention crisis that threatens public safety across the state, citing staffing shortages, low morale, and inadequate compensation. The hearing on the 2023-2024 Executive Budget's public protection provisions featured testimony from leaders representing thousands of state employees, all warning that current conditions are unsustainable. Frank McGarity, director of the New York State Park Police Sergeants Benevolent Association, told lawmakers that the Park Police has experienced a 40% reduction in officers during his 20-year tenure, leaving just 178 officers to protect 287 state parks and historic sites across the state. He attributed the exodus to an outdated 25-year retirement plan while nearly every other law enforcement agency in New York offers 20-year retirement. "We are stretched to the breaking point both in terms of manpower and resources," McGarity said. The Legislature has passed the 20-year retirement bill with near-unanimous bipartisan support year after year, only to have it vetoed repeatedly, he noted. State Police investigators reported similar challenges. Tim Dymond, president of the New York State Police Investigators Association, said the Bureau of Criminal Investigation is down 100 investigators statewide and realistically needs 200 more to operate effectively. He cited a 470% increase in TERPO (Extreme Risk Protection Order) cases from 2021 to 2022, each requiring roughly eight hours of preparation. Correctional officers painted the most dire picture. Michael Powers, president of NYSCOPBA representing over 30,000 active and retired members, testified that 2022 was the most violent year in correctional history, with single-year records set in both inmate-on-staff and inmate-on-inmate assaults. He attributed the violence spike to the HALT Act, which took effect April 1, 2021, and limits the ability to segregate dangerous inmates. "The morale of our members is the lowest I've seen, and I've got 33 years in this agency," Powers said. He called for a violence study and reforms to HALT, though he acknowledged repeal is unlikely. Volunteer firefighters also sought relief. President Tase of the Firemen's Association of the State of New York highlighted the $3.3 billion annual economic value of volunteer fire service and requested tangible incentives for younger volunteers, including increased state income tax credits (currently $200, unchanged for over 20 years) and gas cards. District Attorneys warned of a separate crisis. Mary Pat Donnelly, testifying on behalf of the District Attorneys Association, said discovery law reforms have created a funding emergency. Her own office, funded for 15 assistant district attorneys, currently has only 10 after losing five attorneys in 2022 to higher-paying jobs. She cited discovery pace as a reason for departures. "The only way to fully implement the reform without triaging crime is to increase funding to the DA's office," Donnelly said. Several senators signaled support for the testifiers' requests. Sen. Hinchey expressed strong backing for the Park Police 20-year retirement benefit and suggested creating a capital improvement fund for volunteer firehouses. Sen. Palumbo, a former prosecutor, engaged critically with Powers on the lack of discipline systems in correctional facilities, noting a 34% increase in inmate-on-inmate assaults. Sen. O'Mara questioned Powers extensively about inmate behavior changes since HALT implementation, signaling skepticism about current policies. The hearing underscored a broader challenge facing New York's public safety apparatus: recruitment and retention are failing across multiple agencies simultaneously, threatening the state's ability to maintain public safety. NEW YORK — Advocates, public defenders, and prosecutors clashed over criminal justice funding priorities at a full-day joint legislative hearing on the 2023-2024 Executive Budget's public protection provisions, with defenders demanding parity with prosecutors and immigration advocates urging $100 million for legal representation of immigrants facing deportation. The hearing, held before the Senate Finance Committee and Assembly, revealed stark funding disparities. Brooklyn Defender Services Executive Director Lisa Schreibersdorf pointed out that district attorneys received nearly $100 million in the budget while defenders received only $7.5 million, despite bearing equivalent discovery obligations under recent criminal justice reforms. "We are asking you to match the funding that the DAs got for discovery and other resources," Schreibersdorf said, noting that defenders must review every video and store massive amounts of digital evidence just as prosecutors do. Sen. Jamaal Bailey pressed District Attorney Donnelly on why some DAs hadn't applied for available discovery funds, learning that county governments had blocked applications in some cases. Bailey suggested direct state-to-DA funding could bypass these obstacles. "If the money is there, the county should not be able to hold up some of the progress that we've been able to make," he said. On immigration, Shayna Kessler of the Vera Institute of Justice and Kayla Kelechian of the New York Immigration Coalition urged passage of the Access to Representation Act and $100 million in funding for immigration legal services. Kelechian cited a case of a three-year-old Guatemalan child forced to defend herself alone in immigration court, and noted that a 2018 study showed having an attorney increased chances of winning asylum cases by 1,100 percent. The Governor's budget included only $43 million for immigration legal services. Opposition to bail reform was forceful. Yonah Zeitz of the Katal Center for Equity, Health and Justice testified that Governor Hochul's proposal to gut bail reform would disproportionately harm Black, brown, and low-income New Yorkers. He cited 19 deaths on Rikers Island in the past year—the most in a decade—and noted detention there costs more than $500,000 per person annually. Katherine Haas of the Legal Aid Society's Prisoners' Rights Project testified that the Department of Corrections has failed to implement the HALT Act (2021), which requires curtailing segregated confinement. She documented widespread violations including people held in solitary for weeks and months in filthy cells with insufficient food. Sen. Tom O'Mara, a former district attorney, expressed concern that discovery timelines were too aggressive and caused errors, asking about staggered discovery proposals that would prioritize imperative material first. The League of Women Voters requested $20 million for county boards of elections and full funding of $114.5 million for the Public Campaign Finance Board, warning against unfunded voting access mandates. A New York State Senate Finance Committee hearing on the 2023-2024 executive budget for public protection heard testimony on Tuesday about significant operational inefficiencies in how police departments and district attorneys share case information. Ms. Schreibersdorf, testifying before the joint legislative committee, identified the Microsoft OneDrive platform used by district attorneys as a major bottleneck, explaining that files cannot be directly transferred to police systems but must instead be downloaded and re-uploaded—a process consuming substantial time, energy, and storage capacity. She characterized OneDrive as "particularly bad" for sorting, finding, filing, and using documents, and noted that the platform does not allow online document editing. Schreibersdorf advocated for finding better technological solutions to streamline the information-sharing process between the two agencies. When pressed by Sen. Bailey on whether statutory changes to discovery law or bail reform were necessary to address the problems, Schreibersdorf stated that no such legislative changes are needed. The hearing, held Feb. 7, concluded at 7:38 p.m., with Chairwoman Krueger announcing that the committee would reconvene the following morning at 9:30 a.m. to examine the education budget.

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 (59)

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, discussing pandemic impacts on court operations, case backlogs across multiple court types, bail reform training and implementation, diversity initiatives, and security details provided to a former chief judge. He emphasized the need for additional resources including staff, judges, and capital funding to address backlogs and maintain court operations.
Acting Chief Administrative Judge Amaker agency_official informational
Office of Court Administration
Judge Amaker provided testimony on the judiciary's 2023-2024 budget and responded to questions on diversion courts, judicial training, court modernization, mandatory fees, and access to counsel. He defended current funding levels and explained challenges in expanding programs, citing issues with recruitment, usage patterns, and resource constraints.
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 and limitations in addressing judicial conduct complaints. He clarified that while the Commission can investigate complaints of judicial bias, lack of competence, or ethical violations, it cannot reverse or remand decisions on the merits. He noted that the Commission has removed judges for abusing discretionary bail authority and failing to advise litigants of fundamental rights, particularly among non-lawyer town and village court justices.
OITS Deputy CIO Lorenz agency_official informational
Office of Information Technology Services
Deputy CIO Lorenz discussed OITS's consolidated IT support for state executive agencies and partnership with DHSES on cybersecurity through JSOC. Testified on multifactor authentication rollout for public-facing sites and multilayered defense approaches including identity access management and network security. Addressed third-party contractor vulnerabilities and stated OITS conducts upfront security reviews before third-party applications are deployed on state networks.
DHSES Commissioner Bray agency_official informational
Department of Homeland Security and Emergency Services
Commissioner Bray provided comprehensive testimony on the executive budget for public protection, addressing the volunteer firefighter crisis, cybersecurity investments, 911 modernization, emergency management coordination, and training initiatives. He emphasized that both volunteer fire service and EMS are in crisis, with mutual aid requests up 160 percent over the last decade.
DHSES Commissioner Bray agency_official informational
Division of Homeland Security and Emergency Services
Commissioner Bray discussed DHSES budget priorities including cybersecurity services, emergency response capabilities, and support for local governments. He highlighted the Joint Security Operations Center (JSOC) with ITS for real-time threat information sharing, increased cyber incident response team capacity, and proactive services like phishing exercises and cyber risk assessments for municipal partners.
DCJS Commissioner Rosado agency_official informational
Division of Criminal Justice Services
Commissioner Rosado testified on the Executive Budget's proposed removal of the least-restrictive-means standard for bail determinations. She stated that current data shows failure-to-appear and rearrest rates are 'basically flat' between qualifying and non-qualifying offenses. She discussed the SNUG program's $21 million funding, noting a 32 percent reduction in SNUG site shootings and 15 percent reduction in GIVE site shootings. She explained the $40 million discovery reform funding is distributed to counties based on arraignment volume, with $29 million distributed so far.
Acting Commissioner Brian Annucci agency_official informational
New York Department of Corrections and Community Supervision (DOCCS)
Commissioner Annucci testified on DOCCS budget priorities and operations. He addressed concerns about the HALT Act implementation, explaining that tablets with phone connectivity in RRUs were introduced to mitigate isolation effects during the transition away from traditional SHU. He reported on violence trends, staffing challenges, and various violence reduction initiatives including deescalation training and violence interrupter programs.
Executive Deputy Commissioner Martuscello agency_official informational
DOCCS
Martuscello testified on HALT implementation, explaining that $48 million in previously allocated funds was used for personal services to augment staff for out-of-cell programming and support positions in the Office of Mental Health and Justice Center. He noted that a separate $69 million capital funding source was exceeded, with over $110 million spent. He reported that DOCCS has reduced the number of people held beyond the 15-day HALT limit from over 200 to 21 as of the hearing date, and that they are providing seven hours of out-of-cell time to those in SHU.
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 opposed
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 over his 20-year tenure. 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 across the state.
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, and requested $100 million total: $55 million for ARA implementation, $35 million for the Liberty Defense Project, and $10 million for rapid response services. She noted the Governor's budget included only $43 million, falling short of need.
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 OneDrive platform currently used by DAs, noting that files must be downloaded and re-uploaded rather than directly transferred, consuming significant time and storage space. She advocated for finding better technological solutions while stating no statutory changes to discovery law or bail reform are needed.
Robert Tembeckjian agency_official informational
Commission on Judicial Conduct
Administrator 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 assigned counsel rates, bail reform implementation, and the quality of criminal defense representation. She advocated for eliminating or significantly raising the cap on 18-B assigned counsel fees, noting that the current cap forces attorneys to spend excessive time on transportation rather than actual defense work. She presented data showing significant reductions in pretrial detention post-bail reform in the five Hurrell-Harring counties, particularly for low-level nonviolent offenses.
DHSES Commissioner Bray agency_official informational
Division of Homeland Security and Emergency Services
Commissioner Bray provided extensive testimony on cybersecurity initiatives, including a $30 million partnership with OITS to provide endpoint protection and EDR services to counties and localities. Reported that 43 counties and 5 major cities have signed up for endpoint protection services. Discussed the December 2022 Buffalo blizzard response, characterizing it as the longest blizzard in continental U.S. history below 5,000 feet elevation. Addressed ransomware threats, noting DHSES responded to 54 cyberattacks for localities in the past year. Testified on domestic terrorism prevention, volunteer firefighter training stipends, and federal disaster assistance.
OITS Deputy CIO Lorenz agency_official informational
Office of Information Technology Services
Deputy CIO Lorenz testified on cybersecurity and IT infrastructure investments in the budget. He discussed multifactor authentication implementation, phishing campaign assessments, state contractor requirements, hiring efforts, and e-procurement system modernization. He noted the agency has conducted over 50 job fairs and has SUNY/CUNY partnerships underway.
OITS Deputy CIO Lorenz agency_official informational
Office of Information Technology Services
Deputy CIO Lorenz discussed ongoing efforts to modernize state agency technology systems, including work with the Housing and Community Renewal agency on Rent Connect and broader computerization efforts. He acknowledged long-standing delays in replacing legacy systems like WMS and outlined plans for the Integrated Eligibility System replacement, with a target timeline of 2026. He highlighted new focus on customer experience and user journey improvements.
Acting DOCCS Commissioner Annucci agency_official informational
Department of Corrections and Community Supervision
Acting Commissioner Annucci testified on DOCCS budget initiatives, including an $8 million increase focused on gun violence prevention. He described the SAVE initiative targeting high-risk individuals released from prison, with 66 positions and 20-to-1 caseloads with GPS monitoring. He discussed body scanner acquisition (80 units, 2 per facility, $13 million cost) as an alternative to strip frisks. He addressed the proposal to lower the corrections officer minimum age from 21 to 19, citing military comparisons and rigorous screening. He reported 1,600 incarcerated individuals enrolled in college programs across 36 facilities and noted current vacancies of 867 corrections officers with projections of 1,150 by year-end.
Executive Deputy Commissioner Vincent Martuscello agency_official informational
New York Department of Corrections and Community Supervision (DOCCS)
Deputy Commissioner Martuscello provided details on staffing recruitment and overtime policies. He reported that 750 staff signed up for the open enrollment system in January alone and explained that overtime is capped at 16 hours per day but there is no limit on consecutive days worked.
Acting Commissioner Annucci agency_official informational
DOCCS
Commissioner Annucci provided extensive testimony on DOCCS operations, including details on HALT compliance challenges, prison violence, staffing retention issues, and reentry programs. He discussed the implementation of state IDs in facilities, the Edgecombe Transitional Housing program with a capacity of 70 individuals, and efforts to prevent formerly incarcerated individuals from entering the shelter system. He reported 113 deaths in DOCCS custody in 2022 (55 natural causes, 17 suicides, 2 homicides, 1 accidental, 38 awaiting autopsy results).
Acting Superintendent Nigrelli agency_official neutral
New York State Police
Declined to comment on proposed legislation regarding driving while impaired by drugs, stating it was not appropriate. However, indicated the State Police would support any law passed that provides tools to detect and investigate crimes including DWI and driving while ability impaired by drugs. Confirmed that the State Police tracks accidents and fatal accidents caused by marijuana use.
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 to operate effectively. He cited a 470% increase in TERPO cases from 2021 to 2022 and requested support for four additional State Police recruit classes, increased funding for gun violence initiatives (CSU units), and additional funding for ICAC and Computer Crimes Unit members.
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 statewide. She urged inclusion of $100 million for immigration legal services and immediate passage of the ARA. 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 defend herself 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 reported that 624 attorneys and 362 non-attorney positions have been added since 2018, weighted caseloads have decreased in criminal cases, and spending per case has increased. However, she documented that Family Court weighted caseloads are significantly higher and spending per case is less than half that of criminal cases, creating a crisis that disproportionately impacts Black and brown families.
DHSES Commissioner Jackie Bray agency_official informational
Division of Homeland Security and Emergency Services
Commissioner Bray presented the Division's budget and priorities, emphasizing accelerating hazards and risks including climate change, extremism, cyberattacks, and pandemics. She highlighted recent incidents in Western New York including cyberattacks, a domestic terror attack killing 10 New Yorkers, record snowfall, and a devastating blizzard. The budget includes $63 million in new appropriations for volunteer fire service support and cybersecurity expansion, including a new Domestic Terrorism Prevention Unit and expanded Cyber Incident Response Team.
Assemblyman Blumencranz elected_official neutral
New York State Assembly
Assemblyman Blumencranz asked about cyberattacks on Long Island and Suffolk County, and inquired about collaborative efforts between ITS, DHSES, and State Police to strengthen cybersecurity. He also asked about partnerships with cyber insurance providers.
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, and forensic lab expansion. He emphasized diversity, equity, and inclusion efforts, noting partnerships with the Guardians (an organization within State Police), Black and Latino Caucus, and community colleges. He reported no complaints or arrests related to concealed carry law enforcement. He described plans for a satellite forensic lab in Albany to address overcrowding, with DNA, NIBIN, and gun analysts moving to a retrofitted facility. He noted 39 Park Police candidates currently in academy with another planned for fall.
Acting Superintendent Steven Nigrelli agency_official informational
New York State Police
Superintendent Nigrelli testified on State Police operations and public safety initiatives. He reported on illegal weapons seizures, ERPO filings, and the status of oral fluid testing technology for marijuana impairment detection. He noted that 138 percent increase in recovery of illegal weapons from August 2021 to December 2022 and that State Police have filed over 600 ERPOs since the Buffalo shooting legislation.
Commissioner Rosado agency_official informational
Division of Criminal Justice Services (DCJS)
Commissioner Rosado testified on DCJS initiatives, including the GIVE program which supports 20 police departments in 17 counties representing approximately 80 percent of violent crime outside New York City. He confirmed that additional GIVE funding in the Governor's proposal can be used to bolster current GIVE cities and expand to other jurisdictions. He also discussed data collection efforts related to desk appearance tickets and fingerprinting.
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 directly addressing the opioid/fentanyl crisis. Later testified on assault definitions, noting DOCCS defines assault more broadly than Penal Law, and discussed demographic shifts in the prison population.
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 correctional officers, focusing on deteriorating conditions in correctional facilities and record violence. He cited 2022 as the most violent year in history with single-year records in both inmate-on-staff and inmate-on-inmate assaults. He attributed the violence spike to the HALT Act (effective April 1, 2021) and called for reforms, including a violence study and reconsideration of HALT provisions that limit segregation of dangerous inmates.
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 unable to afford bail, disproportionately harming Black, brown, and low-income communities. He cited the high cost of Rikers Island detention and recent deaths there, and argued bail reform is working with high court appearance rates and no impact on violent crime.
Jennifer Lorenz agency_official informational
Office of Information Technology Services (Deputy CIO)
Deputy CIO Lorenz testified on behalf of ITS regarding technology initiatives and cybersecurity efforts. She highlighted the newly operational Joint Security Operations Center (JSOC), a 24/7 threat monitoring hub staffed by state employees that is becoming a national model. ITS has deployed language translation services to 84 public-facing websites, assisted with the Gender Recognition Act implementation, and established the state's first chief privacy officer position. The budget includes $33 million in new funding for digitizing services, tax system modernization, a 'One ID' fraud prevention system, and enhanced cybersecurity.
Sen. Rolison elected_official supportive
New York State Senate
Sen. Rolison praised DHSES efforts and Task Force 2's response to a 2018 building collapse in Poughkeepsie when he was mayor. He raised concerns about EMS not being deemed a critical service under state guidelines, unlike police and fire.
Commissioner Kristen Rosado agency_official informational
New York Division of Criminal Justice Services (DCJS)
Commissioner Rosado testified on DCJS initiatives including alternatives to incarceration, prosecutor funding, and criminal justice data. She reported on the microstamping ammunition investigation, ERPO implementation, and clarified data on failure to appear rates and desk appearance tickets. She noted that 4,000 ERPOs have been filed since the Buffalo shooting and discussed funding for local alternatives to incarceration programs.
Acting Superintendent Nigrelli agency_official neutral
New York State Police
Superintendent Nigrelli testified on State Police operations and expressed support for legislative initiatives that help law enforcement deter, prevent, and solve crimes. He confirmed that the State Police do not keep 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 implemented to reduce contraband in facilities. Explained that families can now order from any vendor (including major retailers like Walmart) rather than mailing packages directly, with exceptions for disapproved vendors. Provided specific data on contraband reduction and Narcan usage. Discussed facility placement decisions based on medical, mental health, security needs, and 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, addressing recruitment and retention challenges. He emphasized the need for tangible incentives for younger volunteers, including gas cards and increased state income tax credits (currently $200, unchanged for 20+ years). He highlighted the economic value of volunteer fire service and discussed the EMS cost recovery bill passed in the previous budget that allowed volunteer firefighters to charge for ambulance services.
Susan Bryant advocate supportive
New York State Defenders Association, executive director
Bryant requested restoration and increased funding for the New York State Defenders Association. She noted the organization has operated the Public Defense Backup Center since 1981 and requested an additional $450,000 to create a recruitment and retention project targeting law schools and undergraduate institutions. She also requested restoration of funding for the Veterans Defense Program.
Sen. O'Mara elected_official neutral
New York State Senate
Sen. O'Mara questioned Commissioner Bray about resources devoted to protecting New York's electrical grid from cyber and physical threats. He asked about preparedness levels and whether the commissioner felt adequately resourced. He also raised concerns about EMP threats following the Chinese balloon incident.
DCJS Executive Deputy Commissioner Popcun agency_official informational
Division of Criminal Justice Services
Provided specific contraband statistics related to the vendor package program implementation.
Mary Pat Donnelly agency_official neutral
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, highlighting the funding crisis created by discovery law reforms (Article 245). She emphasized that DAs need increased funding for staff, training, and technology to implement discovery requirements. She cited her own office as an example: funded for 15 Assistant District Attorneys but currently has only 10, having lost five attorneys in 2022 to higher-paying jobs, with discovery pace cited as a reason for departure.
Lisa Schreibersdorf advocate supportive
Brooklyn Defender Services, executive director; also speaking for Chief Defenders Association of New York
Schreibersdorf made two pointed asks: (1) $28 million for Family Court legal services for parents, citing the connection between foster care and later arrest; (2) funding parity with prosecutors for discovery obligations, noting DAs received nearly $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.
Chairwoman Krueger elected_official skeptical
New York State Senate
Chairwoman Krueger raised long-standing concerns about state agency computerization failures, citing her 1988 lawsuit over the WMS system and ongoing delays in modernizing Housing and Community Renewal systems. She expressed frustration that basic systems remain incomplete after decades and called for better performance from the current administration.
Courtney Bryan advocate supportive
Center for Justice Innovation (formerly Center for Court Innovation)
Executive director testified on three urgent budget priorities: continuing to reduce unnecessary incarceration through pretrial services and felony alternatives; addressing gun violence through enhanced Cure Violence programs; and investing in mental health and substance use court-based 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 that DOCCS has failed to faithfully implement the HALT Act (2021), which requires curtailing segregated confinement. She documented widespread violations including people held in segregated confinement for weeks and months, filthy cells, insufficient food, and inadequate recreation. She argued HALT implementation has not materialized despite millions in legislative funding.
Sen. Gonzalez elected_official neutral
New York State Senate
Sen. Gonzalez asked about language accessibility expansion beyond 12 languages, digital literacy and accessibility for older residents, ransomware payment history, details on the Cyber Red Team program, and status updates on phasing out legacy hardware and software.
Katie Schaffer advocate opposed
Center for Community Alternatives
Testified in opposition to Governor's Executive Budget proposal on bail reform, which would eliminate the least restrictive standard with no replacement. Advocated for passage of the Clean Slate Act and End Predatory Court Fees Act. Cited research showing that sealing records increases employment and reduces recidivism. Explained that court fees are ineffective revenue generators and constitute regressive taxation.
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 minimum $20 million for county boards of elections to implement recent voting reforms, $5 million to implement the John R. Lewis Voting Rights Act of New York State, and full funding of $114.5 million for the Public Campaign Finance Board (versus the $39.5 million proposed).
Sen. Scarcella-Spanton elected_official neutral
New York State Senate
Sen. Scarcella-Spanton asked about the decline in volunteer firefighters, whether nominal fees should be requirements rather than options, which trainings qualify for stipends, and the costs to upgrade 911 technology to prevent calls being routed to other states.
Jose Saldana advocate supportive
Release Aging People in Prison Campaign
Testified on mass incarceration crisis and advocated for passage of Elder Parole bill and Fair & Timely Parole bill. Argued that elder and infirm incarcerated people do not pose public safety risks and that releasing them could save approximately half a billion dollars annually. Emphasized that incarcerated people, particularly long-term prisoners, can serve as credible messengers and violence interrupters in communities.
DCJS Commissioner Rossana Rosado agency_official supportive
Division of Criminal Justice Services
Commissioner Rosado testified about DCJS's 50th anniversary and the Governor's budget providing $100 million for evidence-informed crime reduction programs including SNUG Street Outreach, GIVE, and Crime Analysis Center network. She highlighted decreases in shootings, Project RISE initiatives in seven cities, and proposed budget increases for ATI programs, pretrial services, prosecution support, and re-entry services.
Chaplain Dr. Victoria A. Phillips advocate supportive
Urban Justice Center Mental Health Project; Visionary V Ministries
Testified in support of Treatment Not Jail Act (S1976/A1263). Emphasized that jails are not appropriate for people experiencing mental health crises and advocated for reinvestment in community-based services including respite centers, clubhouses, and social workers. Noted that one out of four incarcerated individuals has been diagnosed with mental health and substance abuse disorders.
Acting Superintendent Steven Nigrelli agency_official supportive
New York State Police
Acting Superintendent Nigrelli discussed New York State Police efforts to rebuild staffing after pandemic-related hiring freezes, increased diversity in recruitment, and initiatives to combat gun violence and drug trafficking. He highlighted the seizure of illegal guns, community engagement efforts, and the need for a satellite crime laboratory. He emphasized the agency's 105-year history and commitment to service, integrity, and leadership.
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 the last 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 volunteer firefighters completing basic training.
Acting Commissioner Anthony J. Annucci agency_official informational
Department of Corrections and Community Supervision
Acting Commissioner Annucci discussed DOCCS's response to declining incarcerated populations, facility closures, and implementation of the Jails to Jobs initiative. He highlighted concerns about rising violence in facilities, contraband control measures, and new programs including MAT services, Computer Coding Program, and SAVE (Supervision Against Violent Engagement) initiative. He emphasized staff recruitment and retention challenges.

Senator Engagement (74)

Senator Engagement Stance Focus Areas Summary
Assemblyman Brown skeptical Desk appearance ticket compliance Substance abuse treatment alternatives Driving while impaired by drugs legislation Substance abuse treatment in corrections Opioid/fentanyl crisis funding Assemblyman Brown asked pointed questions about data gaps (desk appearance ticket court appearance rates, involuntary treatment agreements) and expressed concern about loss of substance abuse treatment tools post-bail reform. His questions signaled skepticism about current data collection and interest in drug-impaired driving legislation.
Assemblyman Meeks neutral Vendor package program implementation Contraband reduction metrics Facility placement and proximity to home Assemblyman Meeks asked clarifying questions about the vendor package program, contraband statistics, and facility placement decisions. His questions were informational in nature, seeking to understand program mechanics and outcomes.
Assemblywoman Kelles supportive Earned time and merit time programs Violence data and definitions Mental health and substance abuse statistics Recidivism rates for elder populations Assemblywoman Kelles asked detailed, data-focused questions about earned time expansion, prison violence trends, mental health prevalence, and recidivism. Her questions reflected support for evidence-based criminal justice reform and concern about data quality and definitions.
Chairwoman Krueger neutral Hearing logistics and scheduling Chairwoman Krueger thanked testifiers for their patience and concluded the hearing, announcing the next day's education budget hearing.
Chairwoman Weinstein neutral Chairwoman Weinstein indicated the Assembly had no further questions.
Sen. Ashby skeptical Volunteer firefighter training stipend program Distribution of stipend funding Cost per firefighter Sen. Ashby questioned whether the $10 million volunteer firefighter training stipend was adequately funded, noting that the math suggested roughly $6,000 per department for 1,600 volunteer firefighters, which he characterized as underfunded.
Sen. Ashby supportive volunteer firefighter crisis emotional resilience workshops burnout and suicide prevention peer-to-peer support programs Sen. Ashby engaged substantively on volunteer firefighter issues, expressing concern about the 76 percent reporting a crisis and advocating for peer-to-peer support models similar to veteran programs. He appeared supportive of the administration's efforts while pushing for more robust solutions.
Sen. Bailey supportive Disproportionate impact of judge decertification on the Bronx Bail reform implementation and 'harm on harm' provision 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, emphasizing the Bronx's disproportionate loss of judges and the importance of ensuring judges understand and properly apply bail reform changes. He advocated for diversity initiatives and raised concerns about judicial accountability when judges make decisions outside the norm.
Sen. Bailey supportive IT staffing and recruitment challenges Judicial outreach to communities and schools Judicial diversity and community engagement programs Sen. Bailey asked detailed questions about OCA's ability to recruit tech talent and emphasized the importance of judges engaging with communities. He promoted the First Impressions program through CUNY and encouraged expansion of judicial outreach initiatives.
Sen. Bailey supportive Judicial conduct and outlier decisions 18-B assigned counsel rates and their real-world impact Bail reform implementation and positive impacts Discovery reform effectiveness Sen. Bailey broke a six-year streak of not questioning Administrator Tembeckjian to ask about judicial conduct oversight. He strongly supported Director Warth's work on assigned counsel rates, emphasizing their real-world impact on families, recidivism, and family violence. He praised bail reform and discovery reform efforts and urged the Legislature to maintain these reforms.
Sen. Bailey supportive 911 system upgrades Mount Vernon 911 system challenges Red Cross emergency funding disaster housing Sen. Bailey raised district-specific concerns about 911 system reliability in Mount Vernon and advocated for need-based allocation of the $20 million in 911 upgrades. He also questioned Red Cross funding allocation for disaster housing and urged inter-agency coordination.
Sen. Bailey skeptical bail reform data and evidence SNUG program funding adequacy discovery reform implementation and funding distribution State Police data collection and collaboration diversity in State Police recruitment Sen. Bailey pressed Commissioner Rosado on the empirical evidence supporting bail reform changes, noting that data shows no difference in failure-to-appear rates between qualifying and non-qualifying offenses. He questioned whether $21 million SNUG funding is sufficient given rising gun violence and asked detailed questions about discovery reform funding distribution mechanisms.
Sen. Bailey skeptical HALT implementation and spending HALT compliance in facilities State ID implementation for incarcerated individuals Sen. Bailey pressed DOCCS officials on HALT spending, noting that Chair Salazar had visited facilities and found no evidence of DOCCS' ability to comply with HALT. He requested data on HALT compliance and questioned the timeline for state ID implementation across all facilities.
Sen. Bailey 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 connection between meaningful employment opportunities and reduced recidivism. His questions suggested support for criminal justice reform legislation.
Sen. Bailey supportive Rural Ambulance Task Force status Volunteer firefighter and EMS appreciation Bailey asked about the Rural Ambulance Task Force and expressed appreciation for volunteer firefighters and EMS personnel, thanking them for their service.
Sen. Bailey neutral Police and district attorney information-sharing Discovery law statutory changes Bail reform Sen. Bailey engaged substantively with Ms. Schreibersdorf on the mechanics of police-DA information sharing, seeking precise language around the issue. He explicitly asked whether statutory changes to discovery law or bail reform were needed, placing those questions on the record.
Sen. Borrello neutral December 2022 Buffalo blizzard response Timing of driving ban Emergency preparedness and response Sen. Borrello, a Western New Yorker, questioned the state's response to the Christmas storm, specifically raising concerns about the timing of the driving ban. Acknowledged the difficulty of such decisions while noting criticism that the ban came too late.
Sen. Borrello skeptical Violence spike since HALT implementation Solitary confinement conditions Gang violence management after 15-day SHU limit Staff and inmate safety Sen. Borrello questioned whether conditions in SHU are truly isolating and asked how DOCCS manages gang violence after the 15-day limit imposed by HALT. He expressed concern about violence spikes at Collins, Attica, and Elmira facilities.
Sen. Canzoneri-Fitzpatrick neutral Court backlogs by type Implementation plans for addressing backlogs Surrogate's Court backlogs and pilot programs Impact of bail reform on court efficiency Sen. Canzoneri-Fitzpatrick asked practical questions about backlog priorities and implementation strategies, with particular interest in Surrogate's Court where she practices. She asked a pointed question about whether bail reform changes improved court efficiency, which Judge Amaker declined to answer on policy grounds.
Sen. Gallivan supportive Western New York emergency response coordination inter-agency coordination budget allocation for new employees volunteer firefighter crisis Sen. Gallivan focused on emergency management coordination and the state's role in facilitating communication between city, county, town, and village governments. He expressed support for addressing the volunteer firefighter crisis and sought clarification on how the 28 additional employees would be deployed.
Sen. Gallivan opposed failure-to-appear and rearrest data crime prevention as goal of bail reform comparison to other states' bail practices prison closings corrections officer age requirement State Police academy capacity Sen. Gallivan expressed skepticism about bail reform, arguing that any level of crime or failure-to-appear is unacceptable and that New York should aim for zero. He noted that 49 other states allow judges to consider dangerousness in bail decisions and questioned whether the state should follow suit. He sought confirmation on prison closings and corrections officer recruitment.
Sen. Gianaris skeptical Security detail for former chief judge Decision-making authority for security approvals Ongoing expenses for former employee protection Alleged corruption within Court of Appeals Sen. Gianaris pressed aggressively on who authorized and approved security details for the former chief judge, questioning the legal basis for providing public resources to a former employee. He expressed frustration that the OCA was not providing direct answers to his questions and cited a Law360 report alleging a $2.5 billion corruption problem within the Court of Appeals.
Sen. Gonzalez neutral Cybersecurity shared responsibilities JSOC coordination with other agencies ITS budget and priorities 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.
Sen. Gonzalez skeptical Cybersecurity infrastructure and JSOC coordination Endpoint protection and EDR services to counties Ransomware attacks and Suffolk County incident Multifactor authentication implementation Third-party contractor vulnerabilities Centralized vs. decentralized cybersecurity approach Sen. Gonzalez asked detailed, probing questions about cybersecurity implementation, particularly regarding the scope of ransomware threats, the percentage of state agencies using MFA, and vulnerabilities posed by third-party contractors. Pressed for concrete metrics and specifics on how the state is measuring progress on security measures.
Sen. Gonzalez neutral Language accessibility and expansion beyond 12 languages Digital literacy and accessibility for older residents Ransomware payment policies Cyber Red Team operations Legacy system phase-out status Sen. Gonzalez asked follow-up questions on accessibility, cybersecurity operations, and technology modernization. She sought clarification on language services expansion, ransomware policies, and the status of legacy system remediation efforts.
Sen. Gounardes neutral TikTok use on government devices cybersecurity review Sen. Gounardes asked about security reviews regarding TikTok use on government devices, noting bipartisan concern. He confirmed that state-issued devices are blocked from accessing TikTok except in extraordinary circumstances.
Sen. Hinchey supportive Volunteer firefighter capital funding Park Police recruitment and retention 20-year retirement benefit for Park Police Hinchey asked detailed questions about capital funding for volunteer firehouses in his 56-town district and expressed strong support for the Park Police 20-year retirement benefit. He suggested creating a capital improvement fund similar to one created for Legions and VFWs.
Sen. Hoylman-Sigal skeptical Pretrial criminal justice reforms and judicial training on bail reform Mandatory training requirements for judges on criminal law changes 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 pretrial criminal justice reforms. He pressed repeatedly on whether training should be mandatory statewide, requested public disclosure of training materials and judge attendance records, and questioned the effectiveness of current training. He also raised concerns about Family Court backlogs and judicial security threats.
Sen. Hoylman-Sigal neutral right to counsel in Housing Court Housing Court Working Group timeline Family Court judicial vacancies Williams Commission recommendations Sen. Hoylman-Sigal questioned the timeline for the Housing Court Working Group to address the lack of counsel for tenants despite New York City's right to counsel law. 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 skeptical Judicial ethics enforcement and transparency Investigation of former Chief Judge DiFiore Confidentiality of disciplinary proceedings Judges resigning to avoid discipline Personal use of state resources Transparency of Court of Appeals voting Family Court representation funding disparities Sen. Hoylman-Sigal pressed Tembeckjian on confidentiality rules that allow judges to escape discipline by resigning, highlighted New York's outlier status compared to 38 other states, and questioned why Family Court representation has not been prioritized equally with criminal defense. He signaled support for legislative reforms to increase transparency and extend disciplinary jurisdiction.
Sen. Hoylman-Sigal 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 the importance of state funding for 18-B rate increases. Administrator Tembeckjian explained that judges have broad First Amendment protections to comment on law and the legal system but cannot comment on pending cases.
Sen. Hoylman-Sigal supportive Securing Communities Against Hate Crimes grants eligibility LGBTQ bar and nightclub inclusion in hate crime prevention HALT implementation and SHU compliance Sen. Hoylman-Sigal advocated for expanding hate crime prevention grants to include LGBTQ bars and nightclubs. She pressed Acting Commissioner Annucci on HALT compliance, noting that 52 percent of SHU inmates as of October 1st had been there longer than the 15-day limit, and questioned whether compliance would improve.
Sen. Jamaal Bailey supportive Discovery funding for district attorneys Defense funding parity County government barriers to DA funding Cost-saving programs for discovery implementation Bailey asked pointed questions about why DAs didn't apply for available discovery funds, advocated for direct state-to-DA funding to bypass county government obstacles, and pressed defenders on funding parity and cost-saving measures. He signaled support for both prosecutor and defender funding.
Sen. Krueger neutral Hearing administration and procedural rules As chair of the Senate Finance Committee, Sen. Krueger managed the hearing logistics, set ground rules for testimony and questioning, and introduced witnesses. She did not ask substantive questions of Judge Amaker during the transcript provided.
Sen. Krueger skeptical judicial training and mandatory education judicial understanding of new laws accountability of the Court of Appeals bail reform implementation Chairwoman Krueger pressed Judge Amaker on judicial training requirements, arguing that judges should be mandated to take continuing education on new laws similar to doctors and lawyers. She expressed concern that judges may not understand current laws and questioned whether the judiciary has data proving judges know the laws they apply. She challenged the assumption that elected judges automatically understand all laws.
Sen. Krueger neutral Hearing logistics and procedures Follow-up questions to be submitted in writing As chair, Sen. Krueger managed the hearing, set time limits, and indicated that follow-up questions would be submitted in writing to testifiers. She enforced new rules requiring legislators to be present to ask questions.
Sen. Krueger supportive Mandatory judicial training and continuing legal education 18-B rate increase costs and funding mechanisms Chair Krueger asked both testifiers whether mandatory judicial training would help address problems they encounter. Both supported the concept. She also asked Director Warth for cost estimates on 18-B rate increases, which Warth provided as $150-180 million annually based on 2019 case numbers.
Sen. Krueger skeptical State agency computerization and modernization WMS system replacement timeline Housing and Community Renewal system upgrades Customer experience improvements Legacy system remediation Chairwoman Krueger expressed deep skepticism about the state's ability to modernize technology systems, citing decades of failures including her 1988 lawsuit over WMS and ongoing delays in housing agency computerization. She called for significant improvement from the current administration and emphasized the importance of functional systems for public services.
Sen. Krueger neutral hearing administration Sen. Krueger served as chair, managing hearing logistics and time allocation for questioners.
Sen. Krueger skeptical HALT compliance and implementation Mental health population in prisons Reentry and homelessness pipeline Budget spending patterns and efficiency Chairwoman Krueger asked pointed questions about HALT compliance, noting that nearly a year after implementation DOCCS had not fully complied. She raised concerns about the correlation between mental illness and prison population, questioned the pipeline of formerly incarcerated individuals into NYC shelter system (citing data showing increase from 23% in 2014 to 50% by 2017), and challenged DOCCS on why the prison population was cut in half but budgets did not decrease proportionally.
Sen. Krueger neutral Hearing management and logistics Time management for testifiers As co-chair, Sen. Krueger managed the hearing logistics, enforced time limits on testimony, and ensured testifiers focused on budget-relevant content rather than organizational background.
Sen. Krueger neutral Time management of testimony Ensuring all testifiers are heard As chair, Krueger managed the hearing proceedings, enforcing time limits on testimony and questions. She appeared neutral on substantive issues, focusing on procedural matters.
Sen. Krueger neutral Hearing management and panel organization Ensuring all testifiers are heard As chair, Krueger managed the hearing throughout the day, introducing panels, managing time, and ensuring orderly testimony. She did not ask substantive questions of testifiers.
Sen. Mayer neutral Capital improvements at Taconic Correctional Facility In-person education post-COVID Transfer process for downstate inmates in upstate facilities Sen. Mayer raised concerns about infrastructure at Taconic, including a temporary visitor structure in place for 10 years, and requested attention to in-person education and transfer processes for inmates closer to home.
Sen. Murray neutral Family Court workload increases Impact of Raise the Age legislation 18-B assigned counsel jurisdiction 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 since it impacts attorney for the child, not County Law Article 18-B.
Sen. Murray skeptical Suffolk County cyberattack response cybersecurity protections availability after-action reporting school district cybersecurity learning from crisis response Sen. Murray pressed Commissioner Bray on whether cybersecurity protections were available to Suffolk County prior to the attack, noting that cost may have been a factor in their failure to upgrade. She emphasized the severity of the attack and sought assurance that lessons learned would be shared with other jurisdictions and school districts.
Sen. Murray skeptical Failure to appear data accuracy Desk appearance tickets and fingerprinting Rearrest counting methodology Recruitment and retention challenges in corrections Sen. Murray challenged the accuracy of DCJS data on failure to appear rates, noting that desk appearance tickets are not consistently counted and that multiple rearrests of the same individual count as one rearrest. She also questioned recruitment challenges in Suffolk County corrections.
Sen. Myrie skeptical Deed theft and judicial conduct Bias in judicial system affecting Black and brown New Yorkers Kings County public administrator's office accountability Transparency in judicial processes Sen. Myrie raised pointed concerns about deed theft affecting Black and brown New Yorkers, noting that the OCA and Kings County public administrator's office declined to testify at an October hearing on the topic. He questioned whether the Commission on Judicial Conduct was adequately addressing this issue and expressed concern about lack of transparency in judicial processes affecting generational wealth.
Sen. Myrie skeptical cybersecurity attacks on healthcare One Brooklyn Health System cyberattack patient privacy mandatory reporting requirements critical infrastructure protection Sen. Myrie raised pointed questions about the One Brooklyn Health System cyberattack, expressing concern about lack of information sharing and patient privacy implications. He questioned whether the budget adequately addresses hospital cybersecurity and advocated for mandatory reporting requirements across critical infrastructure.
Sen. Myrie skeptical Prison Violence Task Force findings Root causes of violence SAVE initiative and risk assessment algorithms Parole Board risk assessment Sen. Myrie pressed Commissioner Annucci for specific findings from the Prison Violence Task Force, expressing frustration that root causes had not been clearly identified. He also questioned why risk assessment algorithms used for parolees could not be applied to incarcerated individuals being considered for parole board review.
Sen. Myrie supportive Violence interruption programs Working with individuals involved in violence Public safety threat assessment of older 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. His questions reflected support for community-based solutions and reframing of formerly incarcerated people as assets rather than problems.
Sen. O'Mara neutral Electrical grid cybersecurity and physical security Resource adequacy for critical infrastructure protection EMP threats and space weather risks Fire Academy support Sen. O'Mara asked detailed questions about grid security resources, private sector preparedness, and emerging threats including EMPs and space weather. He requested a private briefing on EMP threats and expressed interest in critical infrastructure protection strategies.
Sen. O'Mara neutral Gun crime statistics Sen. O'Mara asked State Police whether they keep 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 opposed Recruitment and retention challenges across law enforcement Correctional officer safety concerns HALT Act impacts and inmate behavior Brazenness and boldness of inmates post-HALT O'Mara expressed concern about recruitment challenges in the 'defund the police' environment and focused heavily on correctional officer safety. He asked Powers to elaborate on the brazenness and boldness of inmates since HALT implementation, signaling skepticism about current policies.
Sen. Oberacker supportive Violence trends continuation Staff retention and recruitment Staff wellness initiatives Sen. Oberacker expressed respect for corrections staff and asked whether violence trends are continuing. He acknowledged the difficulty of recruitment and retention and expressed appreciation for staff wellness initiatives.
Sen. Palumbo neutral Caseload impacts of bail and discovery reform Case resolution timelines Pandemic effects on criminal justice system Sen. Palumbo asked detailed questions about how bail and discovery reforms affected caseloads and case resolution times. Director Warth explained the difficulty of separating pandemic impacts from reform impacts and noted that 2022 caseloads had not yet returned to pre-pandemic 2018-2019 levels.
Sen. Palumbo 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 staff members had come to her office in tears. She asked about the breakdown of assault statistics and whether harassment through vulgar language was being adequately disciplined.
Sen. Palumbo skeptical Correctional facility discipline systems HALT Act impacts on inmate-on-inmate violence Consequences for inmate misconduct Palumbo, a former prosecutor, engaged critically with Powers on the lack of internal discipline systems in correctional facilities. She questioned what discipline is imposed for non-violent misconduct like vulgar language and emphasized that inmates deserve to serve time safely, noting a 34% increase in inmate-on-inmate assaults.
Sen. Ramos opposed diversion courts expansion budget priorities for problem-solving courts incarceration costs Sen. Ramos challenged Judge Amaker's commitment to diversion courts, noting that only $2 million is budgeted when $15 million could expand them statewide beyond Brooklyn and Ontario counties. He pointed out that incarceration costs over $500,000 per person and argued that expanding diversion courts would save money, questioning why the judiciary wasn't proposing expansion if truly committed.
Sen. Rolison neutral secured beds for juveniles in Family Court Raise the Age implementation data collection on judicial constraints Sen. Rolison, a former mayor of Poughkeepsie, raised concerns about the lack of available secured beds for juveniles that judges deem necessary, particularly outside New York City. He requested data on instances where judges cannot find appropriate placements and offered to follow up offline with court staff.
Sen. Rolison neutral volunteer fire service crisis EMS crisis mutual aid requests Sen. Rolison, drawing on personal experience as a volunteer firefighter and police officer, sought an update on the EMS crisis and expressed concern about the impending crisis in emergency services. He appeared to be gathering information rather than advocating a particular position.
Sen. Rolison supportive EMS critical service designation Task Force 2 emergency response capabilities Daily public safety challenges Sen. Rolison praised DHSES efforts and Task Force 2's emergency response capabilities, citing a specific 2018 building collapse rescue in Poughkeepsie. He raised concerns about EMS not being designated as a critical service compared to police and fire.
Sen. Rolison supportive GIVE program expansion Corrections officer retention Violence task force reporting Sen. Rolison asked about GIVE program expansion to additional jurisdictions and inquired about corrections officer retention challenges. He requested access to violence task force reports and asked about retention programs for current officers.
Sen. Rolison skeptical Correctional facility violence data Park Police staffing levels and retention programs Geographic pay differentials Rolison engaged substantively with Powers on correctional violence data, noting it is 'irrefutable' that action is needed. She questioned McGarity about Park Police staffing history and retention programs, seeking specifics on what the state could do beyond the 20-year retirement benefit.
Sen. Scarcella-Spanton supportive Buffalo blizzard preparedness and response Emergency disaster preparedness funding Red Cross emergency response funding Federal disaster assistance disbursement Counterterrorism program funding Cybersecurity funding allocation Cyber Incident Response Team staffing Sen. Scarcella-Spanton, the new chair of Homeland Security, asked comprehensive questions about storm preparedness, emergency response capacity, and funding allocations. Questions were generally supportive in tone, seeking clarification on budget details and program implementation.
Sen. Scarcella-Spanton neutral Volunteer firefighter recruitment and retention Nominal fee policy implementation Firefighter training requirements and stipends 911 technology upgrade costs and federal funding Sen. Scarcella-Spanton questioned whether nominal fees should be requirements rather than options for volunteer firefighter programs, asked about training qualifications for stipends, and inquired about the costs and federal support for 911 system upgrades.
Sen. Stec skeptical cell service in North Country and Adirondacks emergency 911 calls from cellphones broadband and cellular infrastructure e-procurement system timeline Sen. Stec raised pointed questions about cell service gaps in the Adirondacks, correcting Commissioner Bray's assertion that local government was blocking cell service expansion. He advocated for state funding mechanisms similar to broadband initiatives and questioned the timeline for e-procurement system implementation.
Sen. Stec supportive concealed carry law clarification and enforcement historic reenactments and antique firearm displays State Police enforcement policy during interim period Sen. Stec sought clarification on State Police enforcement policy regarding concealed carry law ambiguities, particularly regarding historic reenactments and antique firearm displays. He noted constituent concerns about canceled reenactments and supported the Governor's proposed technical amendments.
Sen. Stec skeptical HALT Act implementation RRU privileges vs. general population Incentive structure for behavioral change Correctional facility safety 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 visited Great Meadow and sent a joint letter with Assemblywoman Woerner highlighting inequities in the privilege structure.
Sen. Thomas skeptical Judgment interest rates in Housing Court Compliance with 2011 law reducing judgment interest from 9% to 2% Sen. Thomas raised a specific compliance issue regarding judgment interest rates in Housing Court, noting that despite a 2011 law change, courts were still applying 9% interest instead of the mandated 2%. He requested immediate investigation and follow-up.
Sen. Thomas 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 have made campaign contributions, expressing frustration with nuanced answers and demanding a 'yes or no' response. He also proposed changing New York law to protect juror identities using numbers instead of names, as done in federal court.
Sen. Tom O'Mara skeptical Discovery timeline concerns Staggered discovery proposals Errors and draconian outcomes from aggressive discovery timelines Immigration issues O'Mara, a former DA, expressed concern that discovery timelines were too aggressive and caused errors. He asked about staggered discovery proposals that would prioritize imperative material first, duplicative material later, and impeachment material last. He signaled openness to discussing these reforms.
Sen. Weinstein neutral 18-B rate increase costs Funding mechanisms for assigned counsel increases Chair Weinstein asked Director Warth for cost estimates on 18-B rate increases and noted that when rates were previously raised, additional fees were implemented to help pay for the increases. She requested detailed analysis from ILS.
Sen. Zellnor Myrie supportive Defense bar burden from discovery Funding equity between prosecution and defense Myrie asked Brooklyn Defender Services to detail the discovery burden on defenders and why funding should be equitable. He signaled agreement that prosecutors need resources but emphasized the need for parity.