Senate Bill S5358

                                 BILL NUMBER:  S5358

 TITLE OF BILL :  An act to amend the executive law, in relation to
the definition of qualified agencies

 PURPOSE OR GENERAL IDEA OF BILL :

To authorize public defenders, legal aid societies, and administrators
of assigned counsel plans to have access to the Division of Criminal
Justice Services' criminal history records for use in connection with
the representation of public defense clients as defined in County Law
article 18-b.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 9 of Executive Law section 835 to add
public defenders, legal aid societies, and assigned counsel
administrators to the list of qualified agencies. Qualified agencies
may enter into agreements with the Division of Criminal Justice
Services for access to its criminal history database as authorized by
subdivision 6 of Executive Law section 837.

 JUSTIFICATION :

Agencies that are defined as "qualified agencies" under Executive Law
§ 835(9) have access to the criminal history records maintained by the
              

Division of Criminal Justice Services. See Executive Law § 837(6); 9
NYCRR Part 6051. The proposed bill would add public defenders, legal
aid societies, and administrators of assigned counsel programs to the
list of qualified agencies. Public defense providers would then be
able to enter into use and dissemination agreements with the Division
of Criminal Justice Services that would govern their access to
criminal history information.

In order to provide effective representation, including bail
applications, case investigation, plea negotiation, and sentencing
advocacy, public defense attorneys need to have ready access to
criminal history reports of clients and witness. Currently, public
defense providers rely on district attorneys, judges, and other
members of the criminal justice community for access to criminal
history reports; often, disclosure of these reports is not timely.
Providing public defense counsel direct access to criminal history
reports will help them provide effective representation to their
clients and will improve the efficiency of the entire criminal justice
system in New York State.

In 1991, counsel for the Division of Criminal Justice Services
acknowledged the importance of granting public defense counsel direct
access to criminal history information: "Since defense representation
is a criminal justice function and an integral part of the criminal
justice system, it is a natural extension to grant defense counsel the
same ability to access Division of Criminal Justice Services criminal
history II records currently afforded to prosecutors." 1991
Legislative Proposal #IR Memorandum, M. Dawn Herkenham, Counsel,
Division of Criminal Justice Services to Evan A. Davis, Counsel to the
Governor. The Division of Criminal Justice Services' Systems
Improvement's for Enhanced Community Safety (SIFECS) public Defense
State I Report (1990) also advocated for public defense counsel having
direct access to criminal history information. "Ready access to
criminal histories will benefit the defense and positively impact the
efficiency of the criminal justice system." Public Defense State I
Report, 111-3.

 LEGISLATIVE HISTORY :


2009-2010: S.8229/A.11602(Lentol) - Referred to governmental
operations
2011-2012: S.3269A/A.7857 - Referred to Finance
2013-2014: S.3326/A.4720(Lentol) - Referred to Finance
2015-2016: S.2047/A.5994(Lentol) - Referred to Finance

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
Immediately.