[MUSIC] >> ON THIS WEEK'S EDITION OF "NEW YORK NOW", LAWMAKERS AND GOVERNOR ANDREW CUOMO CLASH OVER TAX HIKES ON THE RICH WITH LESS THAN A WEEK UNTIL THE STATE BUDGET IS DUE.

ZACH WILLIAMS FROM CITY & STATE AND MARIE FRENCH FROM POLITICO JOIN ME WITH THE LATEST, INCLUDING A POTENTIAL DEAL ON MARIJUANA.

THEN, CRIMINAL JUSTICE REFORM IS ALSO A BIG ISSUE THIS MONTH.

AND IT COULD IMPACT THE STATE BUDGET.

FIRST, LOCAL GOVERNMENTS HAVE TO APPROVE THEIR OWN PLANS FOR POLICE REFORM BY THE END OF THE MONTH OR THEY COULD LOSE STATE FUNDING.

THEN, NEW LAWS ON CASH BAIL AND CRIMINAL DISCOVERY HAVE LOCAL DA'S CALLING FOR MORE FUNDING FROM THE STATE.

WE'LL TELL YOU WHY.

I'M DAN CLARK, AND THIS IS "NEW YORK NOW".

[MUSIC] >> TODAY THE SENATE MAJORITY WILL.

.. >> AND WE WILL TAKE THEM.

.. [MUSIC] >> WELCOME TO THIS WEEK'S EDITION OF "NEW YORK NOW".

I'M DAN CLARK.

FOR THE FIRST TIME IN STATE HISTORY, NEW YORK IS PLANNING TO APPROVE A STATE BUDGET NEXT WEEK WITH A PRICE TAG OF ABOUT $200 BILLION.

IT'S DUE ON WEDNESDAY, AND WE PROBABLY WON'T KNOW A LOT OF DETAILS UNTIL THE DAY BEFORE.

BUT THE STATE BUDGET IS HUGELY IMPORTANT.

IT DECIDES HOW MUCH MONEY GOES TO SCHOOLS, HOW MUCH THE STATE SPENDS ON HEALTHCARE AND MUCH, MUCH MORE.

JUST A LOT OF DIFFERENT THINGS.

AND ALL OF THAT AFFECTS YOUR TAX BILL.

YOUR PROPERTY TAXES OR YOUR RENT DEPEND ON HOW MUCH LOCAL GOVERNMENTS GET FROM THE STATE.

IF THEY DON'T GET ENOUGH, YOUR PROPERTY TAX BILL GOES UP AND VICE VERSA.

THE SAME IS TRUE FOR INCOME TAXES.

THAT'S HOW THE STATE GETS MOST OF ITS TAX REVENUE.

AND WHEN THE STATE NEEDS MONEY, DEMOCRATS USUALLY CONSIDER RAISING TAXES ON THE RICH.

THAT CONVERSATION IS HAPPENING AGAIN THIS YEAR GIVEN THE ECONOMIC CONSEQUENCES OF THE PANDEMIC.

AND DESPITE SOME PRETTY STRONG OPPOSITION FROM SOME, SENATE MAJORITY LEADER ANDREA STEWART-COUSINS SAID AGAIN THIS WEEK THAT TAX HIKES ON THE WEALTHY ARE STILL VERY MUCH ON THE TABLE.

>> IN TERMS OF THE BUDGET, YEAH, WE ARE STILL LOOKING AT REVENUE RAISERS.

WE PUT A NUMBER OF THEM ON THE TABLE.

AND SO WE ARE LOOKING AT A WAY TO SUSTAIN OUR OUR ABILITY TO PAY FOR THE THINGS THAT WE KNOW ARE IMPORTANT AND THAT WE KNOW THAT NEW YORKERS NEED.

GOVERNOR CUOMO IS AGAINST RAISING TAXES ON THE RICH, SAYING IT COULD DRIVE THEM TO ANOTHER STATE AND THEN WE WOULD LOSE THEIR TAX ALTOGETHER.

AND THAT COULD BE A STICKING POINT AS LAWMAKERS NEGOTIATE THE STATE BUDGET WITH CUOMO IN THE NEXT FEW DAYS.

AND WE ALSO MAY HAVE A DEAL TO LEGALIZE MARIJUANA.

THERE'S JUST A LOT GOING ON.

LET'S DISCUSS THAT AND MORE WITH ZACH WILLIAMS FROM CITY & STATE AND MARIE FRENCH FROM POLITICO.

THANK YOU BOTH FOR BEING HERE.

SO, LET'S START WITH NEGOTIATIONS ON THE STATE BUDGET.

ZACH, I WANT TO START WITH YOU.

WE'RE TALKING ON FRIDAY MORNING.

THE BUDGET IS DUE ON WEDNESDAY.

THERE'S A DISAGREEMENT OVER TAXING THE RICH.

OBVIOUSLY THAT'S NOT THE ONLY THING IN THE STATE BUDGET THIS YEAR.

WHERE DO THINGS STAND RIGHT NOW?

>> WELL, SOMEBODY POINTED OUT, IF THE DEMOCRATIC LAWMAKERS REALLY WANT TO STEAMROLL THE GOVERNOR ON ANYTHING THEY NEED TO GET GOING AND GET LEGISLATION SUBMITTED THREE DAYS BEFORE THE APRIL 1ST DEADLINE.

WE'LL SEE.

WE'LL ALL BE CHECKING TO SEE IF THOSE BILLS ARE INSERTED OVER THE WEEKEND.

BUT THE TAXES IS A BIG ISSUE.

EDUCATION SPENDING, OF COURSE.

THERE'S SO MUCH IN THIS BUDGET.

IT REALLY IS ONE OF -- THE OPPORTUNITY TO REALLY GET THINGS DONE IN ALBANY EACH YEAR.

>> WHAT AN INTERESTING BUDGET THIS IS THIS YEAR BECAUSE WE STARTED THE YEAR WITH A $15 BILLION DEFICIT IN THEORY.

THAT'S DISPUTED BY SOME.

THEN WE GOT 12 AND A HALF BILLION DOLLARS FROM THE FEDERAL GOVERNMENT.

THERE'S THIS TWO AND A HALF BILLION DOLLAR GAP WHICH IS STILL A LOT OF MONEY.

IT'S LIKE AN INCOMPARABLE AMOUNT OF MONEY.

BUT IN MY HEAD, I'M, LIKE, WOW, THIS IS SO GREAT.

WE ONLY HAVE A TWO AND A HALF BILLION DOLLAR GAP.

THERE'S JUST A LOT GOING ON.

MARIE, CAN YOU TALK US THROUGH WHERE THINGS STAND WITH THE ENVIRONMENT PART OF THE BUDGET, BECAUSE WE'VE TALKED ABOUT THAT ON THE SHOW BEFORE, BUT I FEEL LIKE IT'S BEEN LOST IN THE WEEDS.

IN JANUARY, THE GOVERNOR HAD A VERY AMBITIOUS ROLLOUT OF WHAT HE WANTED TO DO IN TERMS OF CLIMATE CHANGE PROJECTS AND JUST LIKE A LOT OF DIFFERENT THINGS.

I THINK HE MADE A WHOLE DAY OUT OF IT AS PART OF THE STATE BUDGET PRESENTATION.

>> HE DID.

HE DID.

YEAH, HE ANNOUNCED A FEW AWARDS OF RENEWABLE ENERGY PROJECTS FROM OFFSHORE WIND TO ONSHORE RENEWABLES.

THOSE WERE ACTUALLY MOSTLY OFF-BUDGET ISSUES, THOUGH.

BUT WHAT'S IN THE BUDGET, I MEAN, ON ENVIRONMENTAL POLICY, IS KIND OF SLIM.

BUT THERE IS THIS PUSH RIGHT NOW BY ENVIRONMENTALISTS TO TRY TO GET THE 3 BILLION BOND ACT IN THERE AGAIN, WHICH, AS YOU KNOW, WAS PASSED LAST YEAR AND THEN YANKED BY CUOMO'S ADMINISTRATION BECAUSE CONCERNS ABOUT THE BUDGET SITUATION WITH COVID.

>> SO DO WE SEE THAT GOING IN?

LIKE, WHERE ARE THE CONVERSATIONS ON THAT?

BECAUSE OBVIOUSLY THE STATE'S FINANCES AREN'T IN A GREAT PLACE STILL.

BUT AS I SAID, WE GOT 12 AND A HALF BILLION DOLLARS FROM THE FEDS.

THINGS SEEM TO BE LOOKING IN A POSITIVE DIRECTION.

DO WE SEE THE BOND ACT INCLUDED?

>> I THINK IT'S STILL A DIVIDE.

THE ASSEMBLY ENVIRONMENTAL LEADER, ASSEMBLYMAN STEVE ENGLEBRIGHT IS KIND OF HESITANT TO INCLUDE IT IN THE BUDGET.

HE'S, LIKE, LET'S WAIT A LITTLE BIT; LET'S SEE HOW THINGS TURN OUT.

ARE WE WORRIED ABOUT PUTTING IT ON THE BALLOT WITHOUT VOTERS, WITHOUT A LOT OF CONFIDENCE THAT IT WOULD PASS.

AND THAT'S SORT OF A -- THERE'S STILL A DEBATE GOING ON.

BUT ENVIRONMENTAL GROUPS ARE CERTAINLY PUTTING A LOT OF THEIR ENERGY INTO LOBBYING FOR THAT AND PUSHING FOR IT TO BE INCLUDED.

CUOMO HASN'T ADDRESSED IT RECENTLY, BUT AT THE BEGINNING OF THE NEGOTIATIONS THE BUDGET DIRECTOR SAID, WE'LL LOOK AT THAT.

WE'LL HAVE THAT CONVERSATION WITH THE LEGISLATURE.

>> AND IT WASN'T IN HIS EXECUTIVE BUDGET PROPOSAL, RIGHT?

>> IT WAS NOT.

NO.

>> OKAY.

>> THEY WANT TO RENAME IT.

IT WON'T BE THE RESTORE MOTHER NATURE BOND ACT.

>> WHAT DO WE WANT TO DO WITH MOTHER NATURE NOW?

>> WE DON'T EVEN WANT TO MENTION MOTHER NATURE.

WE WANT TO SAY CLEAN WATER, GREEN JOBS.

I THINK THERE'S TWO DIFFERENT NAMES FLOATING AROUND, BUT IT'S MORE FOCUSED ON WHAT DOES IT ACTUALLY DO.

>> WELL, THAT CERTAINLY SOUNDS NICE.

SPEAKING OF GREEN, ZACH, WE MAY HAVE A DEAL TO LEGALIZE MARIJUANA.

WE'RE SPEAKING FRIDAY MORNING.

A BILL HAS NOT BEEN INTRODUCED BUT SEVERAL LAWMAKERS HAVE TOLD ME IN RECENT DAYS THAT THERE IS A DEAL; THEY'RE JUST WORKING OUT THE KIND OF TECHNICALITIES OF THE WORDING.

AS YOU AND I BOTH KNOW, WHEN YOU COME DOWN TO THE LAW, WORDS REALLY MATTER BETWEEN LIKE "WILL" AND "SHALL" AND "MUST" AND SMALL WORDS LIKE THAT.

DO WE KNOW WHERE THINGS STAND RIGHT NOW WITH MARIJUANA?

>> IT REALLY LOOKS LIKE THE FINAL LANGUAGE OF THE BILL IS GOING TO BE MUCH CLOSER TO WHAT STATE LAWMAKERS HAVE BEEN PROPOSING FOR YEARS IN FACT THAN WHAT THE GOVERNOR UNVEILED EARLIER IN THE YEAR -- HOME GROW, 40% OF FUTURE TAX REVENUES GOING TO REALLY RESTORE THE DAMAGE THAT THE WAR ON DRUGS HAS DONE IN COMMUNITIES OF COLOR, IN PARTICULAR.

THE LIST GOES ON.

WE'LL SEE WHAT THE FINAL LEGISLATION SAYS.

BUT JUST THE FACT THAT THIS IS BEING NEGOTIATED BEFORE THE BUDGET IS A GOOD SIGN OF WHERE THINGS STAND WITH STATE LAWMAKERS AND -- VERSUS THE GOVERNOR.

>> ANDREA STEWART-COUSINS, THE SENATE MAJORITY LEADER, SAID THIS WEEK, I ASKED HER IF IT WAS STILL GOING TO BE INCLUDED OUTSIDE OF THE BUDGET BECAUSE THE BILL HAS TO BE INTRODUCED AND THEN IT HAS TO AGE THREE DAYS UNDER STATE LAW.

IN THEORY, IF THEY INTRODUCED IT TODAY THEY WOULDN'T BE ABLE TO VOTE ON IT UNTIL MONDAY OR TUESDAY AND THE BUDGET IS DUE WEDNESDAY.

SO IT IS A REALLY INTERESTING DYNAMIC, WHERE THEY'RE NEGOTIATING THIS $200 BILLION MESS AND THEN MARIJUANA BESIDE IT.

SO THERE'S JUST, LIKE, TOO MUCH IN THIS BUDGET.

ANOTHER BIG STORY THIS WEEK FROM THE ALBANY TIMES UNION, MARIE, WAS THIS STORY ABOUT THE GOVERNOR GETTING PREFERENTIAL TESTING FOR HIS FAMILY MEMBERS, COVID-19 TESTING, AT THE START OF THE PANDEMIC.

CAN YOU LAY OUT WHAT WE'RE TALKING ABOUT HERE AND HOW PEOPLE HAVE BEEN REACTING?

>> YES.

SO REPORTING FROM THE TIMES UNION, AS YOU SAID, AND THE WASHINGTON POST AND THE NEW YORK TIMES HAS SAID THAT CUOMO ARRANGED TO HAVE -- PEOPLE IN HIS ADMINISTRATION ARRANGED TO HAVE FAMILY MEMBERS AND, YOU KNOW, TOP-LEVEL FOLKS CLOSE TO HIM GET TESTING.

HAVE PEOPLE GO TO THEIR HOMES, GET THE TEST.

TAKE THE TEST TO THE LAB.

SOMETIMES APPARENTLY STATE TROOPERS DROVE THE TEST SAMPLES TO WADSWORTH, WHERE A LOT OF THE EARLY TESTING WAS DONE, AND SORT OF GIVE THOSE TEST SAMPLES VERY HIGH PRIORITY TO THE POINT WHERE THEY WOULD GET RESULTS MUCH SOONER, PERHAPS, THAN A POWER PLANT EMPLOYEE WHO WAS NEEDING TO GET TESTED SO HE COULD ISOLATE WOULD GET IT.

>> SO, ZACH, HOW ARE LAWMAKERS REACTING?

DO WE KNOW IF THIS IS GOING TO BE INCLUDED IN THE ASSEMBLY'S IMPEACHMENT INVESTIGATION OR THE ATTORNEY GENERAL'S INVESTIGATION -- I GUESS NOT BECAUSE THAT'S ON SEXUAL HARASSMENT PRIMARILY.

BUT WHERE DOES IT GO FROM HERE?

>> THE ATTORNEY GENERAL HAS SAID SHE DOESN'T HAVE JURISDICTION OVER THE MATTER.

BUT ASSEMBLY JUDICIARY CHAIR CHARLES LAVINE HINTED THAT THIS COULD FALL UNDER THE PURVIEW OF THE ONGOING IMPEACHMENT PROBE.

I THINK WHAT'S SO INTERESTING ABOUT THIS ISSUE IS A LOT OF THE ACCUSATIONS AGAINST THE GOVERNOR -- THE SEXUAL MISCONDUCT, FOR EXAMPLE, OR A TOXIC WORKPLACE ENVIRONMENT -- HAVE REALLY HAD LITTLE TO DO WITH HIS HANDLING OF THE PANDEMIC, WHICH MADE HIM SO FAMOUS.

OBVIOUSLY NURSING HOMES WAS A DIFFERENT MATTER, BUT JUST THE FACT THAT HE WAS SUPPOSEDLY GIVING PREFERENTIAL TREATMENT TO HIS OWN FAMILY MEMBERS, I THINK, REALLY UNDERMINES THE MORAL CAPITAL THAT HE ACCUMULATED THROUGHOUT THE PANDEMIC AS THE CAN-DO GOVERNOR WHO WAS OUT THERE TO SAVE NEW YORKERS AND JUST KIND OF PLAY IT STRAIGHT.

>> DOES THIS PUT ANY MORE PRESSURE ON HIM TO RESIGN OR BE IMPEACHED?

>> WELL, WE'LL SEE.

AT THIS POINT IT LOOKS LIKE NOTHING'S GOING TO MAKE THE GOVERNOR RESIGN.

>> I AGREE.

>> SOMETHING THAT WE LEARNED EARLIER IN THE WEEK WAS THAT THE ASSEMBLY IMPEACHMENT PROBE IS NOT GOING TO CONCLUDE ANYTIME SOON.

MONTHS, PROBABLY, WHICH MEANS ALL THIS WILL PROBABLY STRETCH OUT INTO THE SUMMER.

WE'LL SEE WHERE THINGS STAND WITH THE GOVERNOR THEN.

BUT RIGHT NOW I THINK STATE LAWMAKERS ARE REALLY EAGER TO POUNCE ON HIS SUPPOSED POLITICAL WEAKNESS AND REALLY KIND OF GET WHAT THEY WANT IN THE STATE BUDGET.

THIS IS POLITICS.

AND YOU'RE EITHER UP OR YOU'RE DOWN.

AND STATE LEGISLATORS ARE FEELING PRETTY GOOD WITH WHERE THEY STAND WITH THE FEW DAYS TO GO.

>> I DO, TOO.

WE'LL HAVE TO LEAVE IT THERE.

ZACH WILLIAMS FROM CITY & STATE AND MARIE FRENCH FROM POLITICO, THANK YOU BOTH AS ALWAYS.

>> THANK YOU.

>> THANK YOU.

>> SO, WE'LL TALK MORE ABOUT THE STATE BUDGET IN JUST A BIT AND WHY LOCAL DA'S SAY THEY NEED MORE FUNDING THIS YEAR.

BUT FIRST, AN UPDATE ON SOMETHING THAT'S REALLY FLOWN UNDER THE RADAR OVER THE LAST FEW MONTHS.

AFTER GEORGE FLOYD WAS KILLED LAST YEAR, YOU MIGHT REMEMBER GOVERNOR CUOMO SAID THAT HE WANTED TO CHANGE POLICING IN NEW YORK.

AND PART OF THAT STRATEGY REQUIRED EVERY LOCAL GOVERNMENT IN NEW YORK TO EITHER COME UP WITH A WAY TO, QUOTE, REINVENT HOW POLICE FIT INTO THEIR COMMUNITY OR LOSE STATE FUNDING.

THOSE PLANS ARE DUE AT THE END OF THE MONTH.

BUT THE PROCESS HAS BEEN MESSY AND HASN'T MEANT THE SAME TO EVERYONE.

FOR MORE ON THAT I TURN TO AVA AYERS FROM THE GOVERNMENT LAW CENTER AT ALBANY LAW SCHOOL, WHICH HAS ALSO HELPED SOME LOCAL GOVERNMENTS THROUGH THE PROCESS.

AVA, THANKS FOR BEING HERE.

>> IT'S GREAT TO BE HERE.

>> LET'S START FIRST BY TALKING ABOUT WHAT THE EXECUTIVE ORDER ACTUALLY REQUIRES.

THE GOVERNOR ISSUED IT LAST YEAR, I BELIEVE, IN JUNE OR EARLY JULY AFTER THE KILLING OF GEORGE FLOYD.

AND THE PERCEPTION THAT I THINK PEOPLE HAVE IS THAT IT REQUIRES MUNICIPALITIES TO CHANGE THE WAY THAT THEIR POLICE FORCE OPERATES.

THAT'S BOTH COUNTIES, IN TERMS OF SHERIFFS; LOCALS, IN TERMS OF THEIR POLICE.

SO WHAT ARE THEY ACTUALLY REQUIRED TO DO?

>> THE GOVERNOR ISSUED AN EXECUTIVE ORDER THAT SAYS EVERY MUNICIPALITY IN THE STATE THAT HAS A POLICE FORCE HAS TO REINVENT POLICING.

WHAT THAT ACTUALLY MEANS IS A COLLABORATIVE PROCESS WHERE STAKEHOLDERS FROM THE COMMUNITY COME TOGETHER TO TALK ABOUT HOW POLICING WORKS IN THEIR COMMUNITY AND WHAT CHANGES THEY'D LIKE TO MAKE.

THE EXECUTIVE ORDER LISTS A NUMBER OF THINGS THAT COUNTIES AND LOCALITIES ARE SPECIFICALLY REQUIRED TO THINK ABOUT, INCLUDING POLICE TACTICS, EVIDENCE ABOUT RACIAL INEQUALITY, WHAT SORTS OF COMMUNITY ENGAGEMENT PRACTICES POLICE DEPARTMENTS ARE INVOLVED IN.

AND THE KEY THING ABOUT THE EXECUTIVE ORDER IS THAT WHAT IT REQUIRES IS A PROCESS, NOT AN OUTCOME.

SO IT DOES NOT SAY YOUR COMMUNITY HAS TO CHANGE POLICING; IT SAYS IT HAS TO THINK ABOUT POLICING AND THINK ABOUT WHETHER IT WOULD LIKE TO REINVENT.

AND THE GOVERNOR'S OFFICE HAS SAID THEY'RE NOT REVIEWING THE SUBSTANCE OF THESE PLANS THAT COME OUT; THEY'RE REVIEWING TO MAKE SURE THAT THE PROCESS HAS BEEN COMPLIED WITH.

>> SO, THAT'S WHAT I WAS GOING TO ASK YOU ABOUT.

COULD A COMMUNITY MEET WITH ITS STAKEHOLDERS, WITH ELECTED OFFICIALS, THE COMMUNITY AND SAY AT THE END OF ALL OF THIS, WE DON'T WANT TO CHANGE A THING?

>> RIGHT.

IN THEORY, YOU MIGHT THINK SO.

BUT ON APRIL 1ST THE CHIEF EXECUTIVE OF EVERY LOCALITY HAS TO SUBMIT A CERTIFICATION FORM.

AND ONE OF THE THINGS, LITERALLY ONE OF THE BOXES THAT YOU HAVE TO CHECK ON THAT FORM IS TO SAY YOU HAVE A PLAN TO IMPROVE POLICING.

>> OKAY.

>> AND IF YOU'RE JUST EMBRACING THE STATUS QUO, IT'S HARD TO SEE HOW YOU COULD CHECK THAT BOX THAT SAYS WE'RE GOING TO IMPROVE POLICING.

BUT IT WILL BE INTERESTING TO SEE WHETHER THE GOVERNOR'S OFFICE RESPONDS BY TAKING FURTHER STEPS THAT DEMAND SOME KIND OF DEEPER IMPROVEMENT.

>> IS THIS SUBJECTIVE, THE IDEA OF IMPROVING POLICING?

COULD SOME COMMUNITIES SAY -- BECAUSE I THINK THAT THE IDEA THAT THE GOVERNOR IS GETTING AT IS CONSIDER AREAS WHERE YOUR POLICE FORCE MAY NOT BE NECESSARY OR MAY BE EVEN REDUCED FUNDING FOR YOUR POLICE FORCE.

IS IT SUBJECTIVE IN THE WAY THAT MAYBE A COMMUNITY COULD SAY, YEAH, WE WANT TO IMPROVE OUR POLICING AND THEREFORE WE'RE GOING TO ADD MONEY TO THE POLICE FORCE AND MAKE THESE PATROL COMMUNITIES OF COLOR, FOR EXAMPLE, MORE STRINGENTLY?

>> RIGHT.

AND I THINK IT'S ONE CONCERN THAT ACTIVISTS HAVE RAISED, THAT THE EXECUTIVE ORDER DOESN'T DO ENOUGH TO PUSH COMMUNITIES TO MAKE CHANGES IN A PARTICULAR DIRECTION.

BUT THE GOVERNOR'S OFFICE WOULD SAY THAT'S PART OF THE DESIGN.

THAT THIS IS REALLY DESIGNED TO HELP GET COMMUNITIES ENGAGED.

IT'S AN EXPERIMENT IN A LOT OF WAYS BECAUSE IF YOU THINK ABOUT HOW COMMUNITIES WORK NOW, THEY ALL HAVE LOCAL LEGISLATURES WHETHER IT'S A CITY COUNCIL OR A COUNTY LEGISLATURE.

THEY ALL HAVE MAYORS OFFICES OR WHATEVER THE LOCAL EXECUTIVE PROCESS IS.

AND THE EXECUTIVE ORDER CONSCIOUSLY CHOSE TO GO AROUND THOSE EXISTING LAW-MAKING BODIES AND TO CREATE A DIFFERENT, NEW PROCESS FOR CREATING REFORM, WITH THE HOPE OF INCORPORATING THE COMMUNITY.

SO I THINK THE GOVERNOR'S OFFICE'S APPROACH HAS BEEN -- THE GOAL HERE IS TO GIVE THE COMMUNITY A VOICE, NOT TO PUSH COMMUNITIES IN ANY SPECIFIC DIRECTION.

>> SO JUST MOVING FORWARD, THE DEADLINE IS APRIL 1ST.

YOU'VE WORKED WITH SOME MUNICIPALITIES AND COMMUNITIES OVER THE PAST YEAR ON THEIR PLANS, INCLUDING THE CITY OF ALBANY AND OTHERS.

I'M WONDERING, BECAUSE POLICING IS SO DIFFERENT IN AREAS OF THE STATE NOW, ARE THERE ANY COMMON THEMES, I GUESS, TO WHAT YOU'VE SEEN THESE COMMUNITIES EXPERIENCE?

>> YES.

AND SO THE GOVERNMENT LAW CENTER HAS BEEN WORKING WITH VARIOUS MUNICIPALITIES, A LOT OF DIFFERENT PLACES HERE IN THE CAPITAL REGION.

AND AS YOU SAY COMMUNITIES ARE SO DIFFERENT.

IF YOU THINK ABOUT A COMMUNITY LIKE NASSAU COUNTY, SUFFOLK COUNTY, WHERE YOU MIGHT HAVE 2500-OFFICER POLICE FORCE VERSUS FRANKLIN COUNTY, WHERE YOU HAVE FIVE OR SIX OFFICERS, YOU'RE NOT GOING TO GET THE SAME KIND OF PLAN.

AND YOU'RE NOT GOING TO HAVE THE SAME KIND OF OPTIONS.

EVERYBODY'S INTERESTED IN ACCOUNTABILITY.

EVERYBODY'S INTERESTED IN THINKING ABOUT THOSE PROCESSES.

AND IN LARGER MUNICIPALITIES, YOU GENERALLY HAVE A CIVILIAN OVERSIGHT BOARD.

THERE THE CONVERSATION IS ABOUT MOVING FROM CIVILIAN REVIEW, WHERE MAYBE THE CIVILIAN ENTITY, LIKE HERE IN ALBANY, IS JUST GIVING OPINIONS TO CIVILIAN CONTROL OF POLICE DISCIPLINE, WHERE IT'S ACTUALLY UP TO THE CIVILIAN REVIEWERS WHETHER AN OFFICER IS FIRED FOR MISCONDUCT.

SO WE ALSO SEE CONVERSATIONS, AGAIN, ABOUT WHO RESPONDS TO THESE CRISES.

AND SOME MUNICIPALITIES, LIKE ITHACA, FOR EXAMPLE, DO HAVE VERY SIGNIFICANT CHANGES IN THE WORKS.

ITHACA IS TALKING ABOUT DISESTABLISHING THEIR POLICE DEPARTMENT AND CREATING A DEPARTMENT OF PUBLIC SAFETY THAT HAS BOTH ARMED AND UNARMED RESPONDERS WHO WILL BE DISPATCHED ACCORDING TO THE NEEDS OF THE SITUATION.

I THINK A LOT OF MUNICIPALITIES, YOU'RE GOING TO SEE THAT EXPERIMENTING WITH NON-POLICE RESPONDERS.

BUT POLICE IS ONE OF THE MOST EMBEDDED SOCIAL SERVICES, THE MOST DIFFICULT TO CHANGE BECAUSE IT TOUCHES SO MANY DIFFERENT INSTITUTIONS ALL AT ONCE.

>> THEY'VE HAD A NUMBER OF MONTHS TO DO THIS, THE MUNICIPALITIES, BUT OBVIOUSLY, WHEN YOU LOOK AT THE WAY THAT SOME POLICE AGENCIES HAVE INTERACTED WITH THE COMMUNITIES OF COLOR, IT'S BEEN THAT WAY FOR DECADES.

IS IT REALISTIC TO THINK THAT THESE COMMUNITIES CAN IMPROVE THE RELATIONSHIP WITH THEIR COMMUNITIES IN, I GUESS, IT'S NOT A SHORT AMOUNT OF TIME, BUT RELATIVE TO BEFORE THAT?

CAN THE RELATIONSHIP CHANGE JUST BY DOING THIS?

THAT'S WHEN YOU'LL HEAR ACTIVISTS SAY IT'S GREAT WE'RE TALKING ABOUT THIS NOW BUT A NINE-MONTH WINDOW ISN'T GOING TO SOLVE CENTURIES' WORTH OF PROBLEMS.

AND MY SENSE IS THAT IF YOU ASK PEOPLE TO CREATE A BRAND NEW PROCESS, NOT USING EXISTING LAW-MAKING PROCESSES, IF YOU ASK FOR THEM TO BRING NEW VOICES INTO THE CONVERSATION, IF YOU ASK FOR THEM TO THINK ABOUT THINGS THEY'RE NOT EXPERT ON, YOU ARE TAKING UP MOST OF THE NINE MONTHS JUST WITH THAT.

THE BIG IDEAS THEMSELVES DON'T EVEN START COMING IN UNTIL THE LAST COUPLE OF WEEKS.

SO THE BETTER PLANS TO MY EYE ARE THE ONES THAT SAY HERE'S HOW WE'RE GOING TO NAVIGATE THESE ISSUES GOING FORWARD.

HERE'S THE LASTING STRUCTURE FOR ENGAGEMENT WITH THIS ISSUE.

BUT WHATEVER EVERYBODY IS GOING TO BE WATCHING IS THE GOVERNOR'S OFFICE AFTER APRIL 1ST.

WHAT DO THEY DO WITH THESE PLANS?

THOUSANDS OF PAGES, THEY SAY THEY'RE EXPECTING ABOUT 500.

THAT'S HOW MANY POLICE DEPARTMENTS WE HAVE.

ARE THEY GOING TO SIT IN A CLOSET SOMEWHERE?

ARE THEY GOING TO PROMPT ANOTHER EXECUTIVE ORDER THAT SAYS NOW THAT WE HAVE LEARNED FROM THAT PROCESS, HERE'S WHAT'S NEXT; HOW DO YOU SUPPORT AND SUSTAIN THIS PROCESS OF ENGAGEMENT THAT'S STARTED?

>> YEAH, THIS IS OBVIOUSLY THE START OF WHAT'S GOING TO BE A VERY LONG CONVERSATION ABOUT POLICE REFORM IN NEW YORK STATE, FAR PAST APRIL 1ST, FAR PAST THE YEAR 2021.

BUT WE HAVE TO LEAVE IT THERE.

AVA AYERS, THE DIRECTOR OF THE GOVERNMENT LAW CENTER, ALBANY LAW SCHOOL.

THANKS SO MUCH.

>> THANKS FOR HAVING ME, DAN.

[MUSIC] >> TURNING BACK NOW TO THE STATE BUDGET, BUT ALSO STICKING WITH CRIMINAL JUSTICE REFORM.

YOU'LL PROBABLY REMEMBER THAT TWO YEARS AGO NEW YORK OVERALLED ITS LAWS ON CASH BAIL AND CRIMINAL DISCOVERY.

AND SINCE THEN LOCAL DA'S HAVE STRUGGLED TO COMPLY WITH THE NEW LAWS WHICH REQUIRE THEM TO DO A LOT MORE THAN THEY USED TO AND IN A LOT LESS TIME.

AND TO DO THAT, PROSECUTORS SAY THEY NEED MORE FUNDING TO INVEST IN STAFF AND TECHNOLOGY.

THERE'S ONLY SO MUCH THEY CAN GET FROM LOCAL GOVERNMENTS.

THAT ALL GOES BACK TO WHAT WE WERE TALKING ABOUT EARLIER WITH STATE FUNDING AND ITS IMPACT ON PROPERTY TAXES.

SO NOW THE STATE'S DA'S ARE HOPING FOR A BOOST IN THE STATE BUDGET.

I SPOKE THIS WEEK WITH MONROE COUNTY DA SANDRA DOORLEY, THE CURRENT PRESIDENT OF THE STATE DA'S ASSOCIATION.

MONROE COUNTY DA DOORLEY, THANKS SO MUCH FOR BEING HERE.

>> IT'S MY PLEASURE.

>> SO YOU'RE ASKING, AS PRESIDENT OF THE DISTRICT ATTORNEY'S ASSOCIATION, FOR THE LEGISLATURE TO PROVIDE MORE FUNDING FOR PROSECUTORS ACROSS THE STATE BECAUSE OF CHANGES MADE TO THE BAIL AND DISCOVERY LAWS.

TWO YEARS AGO THEY TOOK EFFECT IN 2020 AND THEN THEY AMENDED AGAIN.

SO THEY'RE STILL IN EFFECT IN SOME WAY, SHAPE OR FORM.

CAN YOU TELL US WHERE FUNDING PLAYS INTO THAT?

WHERE IS THE NEED?

>> SURE.

SO IF YOU THINK ABOUT ALL OF THE MATERIALS THAT WE HAVE TO GIVE OVER TO THE DEFENSE IN ORDER TO PROSECUTE A CASE, WITH A NEW CHANGE IN DISCOVERY LAW WE HAVE TO DO IT NOW FASTER AND QUICKER.

FOR EXAMPLE, WE HAVE TO TURN EVERYTHING OVER TO THE DEFENSE WITHIN 20 IF THE PERSON IS IN CUSTODY AND 35 IF THE PERSON IS OUT OF CUSTODY.

MOST OFFICES I WOULD SAY BEFORE DISCOVERY REFORM WERE OPERATING UNDER AN AUTOMATIC DISCOVERY PROCEDURE BUT NOW IT IS THE LAW.

AND WE'VE GOT TO TURN THIS STUFF OVER IMMEDIATELY.

SO THE NEXT STEP IS HOW DO YOU DO IT?

HOW DO YOU GET IT FROM LAW ENFORCEMENT?

HOW DO YOU GET IT FROM YOUR WITNESSES AND HOW DO YOU TURN IT OVER SO QUICKLY?

AND WHEN YOU THINK ABOUT THAT, YOU THINK ABOUT TECHNOLOGY AND AN INFRASTRUCTURE AND WE NEED MONEY TO DO THAT.

FOR EXAMPLE, MOST LAW ENFORCEMENT AGENCIES NOW OPERATE WITH A BODY-WORN CAMERA.

WE NEED TO GET THAT BODY-WORN CAMERA EVIDENCE.

WE NEED TO UPLOAD IT.

WE NEED TO REVIEW IT AND THEN WE NEED TO SEND IT OUT TO DEFENSE ATTORNEYS AS PART OF THE DISCOVERY OF THE CASE.

AND THEN, THINK ABOUT IT, WE HAVE TO RETAIN IT.

SO WE NEED EXTRA CLOUD STORAGE.

SO THE DISCOVERY STATUTE REALLY HAS ADDED AN ABSOLUTE INCREASED BURDEN TO ALL OF OUR OFFICES AND ALL OF OUR COUNTIES WHO RELY ON FUNDING TO MAKE SURE THAT WE'RE ABLE TO DO OUR JOB ADEQUATELY AND EFFICIENTLY.

>> SO LAST YEAR THE LEGISLATURE HAD ALLOCATED ABOUT $40 MILLION FOR PROSECUTORS AROUND THE STATE FOR THE NEEDS OF DISCOVERY.

THAT MONEY WAS SHIFTED FROM FUNDS THAT WERE BROUGHT IN BY THE MANHATTAN DA'S OFFICE IT'S $40 MILLION.

SO I'M ASSUMING THAT WAS NOT ENOUGH MONEY TO MEET THE NEED THAT PROSECUTORS HAVE BECAUSE OF THESE NEW LAWS.

>> RIGHT.

SO WHEN THIS LAW WAS COMING DOWN, WE GATHERED TOGETHER ALL OF THE 62 DAs AND WE ESTIMATED THAT OUR DISCOVERY COSTS WILL INCREASE PROBABLY CLOSE TO $100 MILLION.

AND THAT'S FOR 62 OFFICES.

SO IN LAST YEAR'S BUDGET, THERE WAS A PROVISION WHERE $40 MILLION WAS TO BE GRANTED FOR DISCOVERY AND PRETRIAL SERVICES.

AND THAT MONEY WAS TO COME FROM THE MANHATTAN DA'S OFFICE FROM THEIR DEFERRED PROSECUTION ACCOUNT.

THAT MONEY STILL HASN'T REACHED DA'S OFFICES.

THAT'S THE FRUSTRATING PART.

MANY OF US, IN PREPARATION FOR JANUARY OF 2020, HAD TO ADJUST OUR BUDGET IN 2019.

WE HAD TO GO TO OUR COUNTIES.

WE HAD TO ASK FOR ADDITIONAL SUPPORT.

WE HAD TO ASK FOR ADDITIONAL COMPUTERS, TECHNOLOGY.

PERHAPS PARALEGALS, ATTORNEYS, IN ORDER TO TRANSITION INTO THIS NEW DISCOVERY LAW.

A LOT OF SMALLER COUNTIES WERE RELYING ON GETTING SOME OF THAT 40 MILLION POT OF MONEY.

SO MY UNDERSTANDING IS THAT MONEY WAS THEN SENT TO THE COMPTROLLER AND IT WAS GIVEN TO DCJS TO DISTRIBUTE AS DCJS SAW FIT.

A COUPLE OF WEEKS AGO THERE WERE GRANT APPLICATIONS GIVEN TO EACH COUNTY WHERE THEY COULD APPLY FOR THIS BASICALLY REIMBURSEMENT GRANT.

BUT IT ENDS THE BUDGET YEAR OF 2021, WHICH ENDS IN JUST A FEW DAYS.

YOU KNOW, AS DA'S, WE WANT TO BE PROGRESSIVE.

WE WANT TO EVOLVE WITH THE TIMES.

WE WANT TO MAKE SURE THAT WE CAN FULFILL OUR OBLIGATIONS ON DISCOVERY, BUT IN ORDER TO DO THAT EFFECTIVELY, WE NEED MONEY TO MAKE SURE THAT WE DO IT CORRECTLY AND EFFICIENTLY.

>> SO DO YOU THINK THAT $100 MILLION NUMBER, IS THAT WHAT YOU WOULD LIKE TO SEE FROM LAWMAKERS?

AND I WOULD ASSUME YOU WOULD LIKE TO SEE, I DON'T MEAN TO PUT WORDS IN YOUR MOUTH BUT I WOULD ASSUME YOU WOULD LIKE TO SEE A SYSTEM THAT'S NOT SO MUCH BASED ON REIMBURSEMENT AND GRANTS BUT MAYBE DIRECT FUNDING TO PROSECUTORS?

>> EXACTLY.

WE NEED MONEY THAT CAN BE HANDED TO OUR OFFICES FOR THE PURPOSE OF BEING, FOR DISCOVERY REFORM SO THAT WE CAN USE IT AS WE SEE FIT.

SOME OFFICES NEEDS ARE NOT GOING TO BE THE SAME AS OTHERS.

SO, THERE NEEDS TO BE A LITTLE BIT MORE FREEDOM WITH THIS MONEY AND HOW EACH DA'S OFFICE USES IT.

WE NEED THIS FUNDING SO IMPORTANTLY.

AND ANOTHER THING WE HAVE THROUGH OUR NEW YORK STATE PROSECUTOR'S TRAINING INSTITUTE, NIPTI, WE HAVE, FOR THE OFFICES THAT DON'T HAVE THEIR OWN INTERNAL DATA AND DATA MANAGEMENT SYSTEM, NIPTI WILL FUND, HAS ITS OWN SYSTEM.

AND WE NEED TO MAKE SURE THAT FOR THE COUNTIES THAT RELY ON NIPTI FOR THEIR CASE MANAGEMENT SYSTEM THAT THAT SYSTEM IS ADEQUATELY FUNDED.

>> I THINK THERE'S A MOVEMENT RIGHT NOW IN THE COUNTRY AMONG SOME POPULATIONS TO NOT ADD MONEY TO PROSECUTORS AND POLICE DEPARTMENTS BUT TAKE AWAY MONEY FROM PROSECUTORS AND POLICE DEPARTMENTS.

AND I THINK CRIMINAL JUSTICE ADVOCATES MAY SAY TO PROSECUTORS, THAT INSTEAD OF GIVING THEM MORE MONEY, MAYBE THIS IS AN OPPORTUNITY TO LOOK AT LOWER-LEVEL CRIMES AND CHOOSE WHAT YOU MAY ENFORCE AND WHAT YOU MAY NOT ENFORCE.

WHAT DO YOU SAY TO THOSE PEOPLE?

I KNOW THAT'S AN ARGUMENT WE'VE HEARD FOR A NUMBER OF YEARS FROM JUSTICE ADVOCATES.

>> RIGHT.

AND YOU KNOW WHAT, EVEN THE CRY FROM THE PROGRESSIVES THAT SAY WE WANT PROSECUTORS TO EVOLVE TO BE MORE PROGRESSIVE, THE BOTTOM LINE IS WE NEED MORE MONEY.

WE NEED MORE MONEY TO COME UP WITH DIVERSION PROGRAMS.

WE NEED MORE MONEY TO MAKE SURE THAT THE BAIL REFORM LAWS ARE EFFECTIVE, BECAUSE RIGHT NOW WE DON'T HAVE THE BEST PRETRIAL SERVICES MODEL TO ASSURE THAT PEOPLE WHO ARE RELEASED THROUGH APPEARANCE TICKETS OR RELEASED ON THEIR OWN RECOGNIZANCE ARE NOTIFIED TO COME BACK TO COURT.

SO WE WANT TO MAKE SURE THAT WE EVOLVE IN THE SYSTEM BUT WE WANT TO MAKE SURE THAT WE'RE DOING IT EFFECTIVELY AND THE BOTTOM LINE.

I SAY IT AGAIN AND AGAIN, WE NEED MONEY TO RUN PROGRAMS.

WE NEED MONEY TO MAKE SURE THAT WE'RE ABLE TO EFFECTIVELY DO OUR JOBS.

>> RIGHT.

IT'S A CONVERSATION THAT I THINK THAT WE'RE GOING TO CONTINUE HAVING HERE IN NEW YORK OVER THE NEXT COUPLE OF YEARS AS OUR CRIMINAL JUSTICE SYSTEM CONTINUES TO CHANGE.

BUT WE HAVE TO LEAVE IT THERE.

MONROE COUNTY DISTRICT ATTORNEY SANDRA DOORLEY, THE PRESIDENT OF THE STATE DA'S ASSOCIATION, THANKS SO MUCH.

>> THANK YOU.

[MUSIC] >> ALL RIGHT.

WE'LL HOPEFULLY HAVE SOME DETAILS ON THE STATE BUDGET ON NEXT WEEK'S SHOW, BUT WE'LL ALSO HAVE UPDATES EVERY DAY OVER ON OUR WEBSITE.

THAT'S AT NYNOW.

org.

UNTIL THEN, THANKS FOR WATCHING THIS WEEK'S "NEW YORK NOW".

HAVE A GREAT WEEK AND BE WELL.