Senate Bill S8526

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8526
 
                             I N  S E N A T E
 
                             February 8, 2024
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT in relation to requiring the state to  enter  into  an  agreement
   with  the  Rand  Corporation to conduct a study of the impact the 2020
   Discovery Reform legislation enacted by part HHH of chapter 56 of  the
   laws  of  2020  has  had  on  the handling and disposition of criminal
   cases; and making an appropriation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state  shall  contract  with the Rand Corporation, a
 research organization that develops solutions  to  public  policy  chal-
 lenges,  to  conduct  a  study  of  the impact the 2020 Discovery Reform
 legislation enacted by part HHH of chapter 56 of the laws  of  2020  has
 had  on the handling and disposition of criminal cases prosecuted by the
 state of New York.
   § 2. The analysis to  be  conducted  by  the  Rand  Corporation  shall
 include an analysis of:
   a. The impact reduced timelines for discovery have had on the workload
 of  district  attorneys, institutional defense providers, private attor-
 neys, assigned counsel and police and non-police investigator workload.
   b. The impact reduced timelines for discovery have had on the process-
 ing, and disposition of criminal offense cases, including whether  there
 has been a reduction in or other impact on:
   (i) the number of cases in which an indictment has been handed down;
   (ii)  the  number  of  cases  which  have been prosecuted at trial and
 whether such cases resulted in a conviction, acquittal or mistrial;
   (iii) the number of cases in which a plea deal was reached between the
 prosecution and the defendant;
   (iv) the number of cases in which the  prosecuting  entity  determined
 that there was insufficient evidence to proceed to obtain an indictment;
   (v)  the  number  of  cases in which the prosecuting entity determined
 that there was insufficient evidence to proceed to trial; and
   (vi) the number of cases in which the prosecuting  entity  elected  to
 dismiss the case with or without prejudice.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10317-02-3
 S. 8526                             2
 
   c.  The  impact  reduced  timelines for discovery have had on staffing
 levels in the  offices  of  district  attorneys,  institutional  defense
 providers, private attorneys, assigned counsel and police and non-police
 investigators, including:
   (i)  whether  such  reduced deadlines have resulted, directly or indi-
 rectly, to an increase in staff resignations or retirements;
   (ii) whether such reduced deadlines have resulted, directly  or  indi-
 rectly, in decreased recruitment of staff;
   (iii)  whether such reduced deadlines have resulted, directly or indi-
 rectly, in a need for additional police and non-police investigators  to
 collect evidence; and
   (iv)  whether  such reduced deadlines have resulted, directly or indi-
 rectly, in a need for additional staff to organize,  interpret,  analyze
 and transfer discovery materials.
   d.  The adequacy of currently utilized technology in the processing of
 criminal cases for trial, including but not limited to  the  speed  with
 which  laboratory  results are processed and results are received by the
 attorneys involved in the case.
   e. The impact reduced timelines for discovery have had on  identifying
 and obtaining expert witnesses.
   f.  The impact reduced timelines for discovery have had on the ability
 of prosecutors to provide discoverable materials to defense counsel.
   g. The impact reduced timelines for discovery have had on other  obli-
 gations  of district attorneys, institutional defense providers, private
 attorneys and assigned  counsel,  including,  but  not  limited  to  the
 production  of  discovery  to  incarcerated  individuals  or individuals
 representing themselves.
   § 3. a. The study to  be  conducted  by  the  Rand  Corporation  shall
 include  conclusions  as  to  the  efficacy  of the reduced timeline for
 discovery on  the  processing  of  criminal  cases  and  recommendations
 regarding increased efficiency in case processing.
   b. To the extent feasible, the study shall address and estimate:
   (i)  the cost of providing additional staff, expediting investigations
 and laboratory results and other costs  associated  with  the  expedited
 speed in prosecuting cases; and
   (ii)  the  cost  and  estimated  timeline for development of statewide
 technological infrastructure to meet the modern demands of the  criminal
 justice system.
   § 4. For purposes of this act, "staff" includes attorneys, paralegals,
 police,  non-police  investigators and other personnel necessary for the
 investigation and processing of criminal cases by the state of New York.
   § 5. The sum of two million dollars ($2,000,000), is hereby  appropri-
 ated  to  the  department  of audit and control out of any moneys in the
 state treasury in the general fund to the credit of the  state  purposes
 account  after audit by and on the warrant of the state comptroller upon
 vouchers certified or approved by the attorney general.
   § 6. This act shall take effect immediately.