Wednesday, August 3, 2022

Career and Violent Criminals Are Exploiting New York's Criminal Justice System

 

Mayor Adams, Police Commissioner Sewell Highlight Frequent Recidivists – Call for Targeted Changes Needed to Sustain Reforms and Protect New Yorkers

The number of recidivists for several crimes has steadily increased in recent years

 Mayor Eric Adams and Police Commissioner Keechant L. Sewell today released new data highlighting the increase in recidivism in New York. They released a list of the top ten recidivists in the city and called for changes to stop rampant recidivism, erase the perception among criminals that there are no meaningful consequences for crime, and restore government’s focus on the victims of crime and disorder.

In addition to other reforms, the Mayor and the Police Commissioner believe judges must be allowed to remand defendants at arraignment when they are deemed a risk to public safety based on the severity of their alleged crimes or their history of recidivism. New York State is now the only state in the country where a judge is barred from considering the danger an offender poses when deciding whether or not to set bail.

“The hardworking women and men of the NYPD are doing the work, but the overall system is failing New Yorkers by allowing repeat offenders back out on the streets over and over again,” said Mayor Adams. “Time and time again, our police officers arrest someone who has multiple charges, but no matter how many times this person may have been arrested before, they are often walking free hours later. There is almost no accountability, and that makes us all less safe. I fought against abuses in the criminal justice system as an officer and as founder of 100 Black Men in Law Enforcement, and I know it is possible to keep New Yorkers safe, while serving justice at the same time. We need targeted, strategic, smart fixes to our laws that focus on the small number of people that are driving crime — the few hundred serial offenders in custody who are taking advantage of the system and exploiting reforms every day. We must stop this revolving door of injustice.”

“Let’s be clear: Nonviolent, first-time offenders deserve a second chance, as the spirit of the state’s 2020 criminal justice reforms envisioned,” said Police Commissioner Sewell. “However, judges should be given the ability to hold career and violent criminals in custody pending trial. We need to maintain the reforms we all agree on – yet at the same time, pull together to keep New Yorkers from being harmed. Our collective focus must be on the victims of crime.”

Recidivism has increased in recent years, and in some categories, the increases have been significant. The number of individuals arrested three or more times in a calendar year for crimes including robbery, burglary, and grand larceny, among others, has increased through the first six months of 2022, compared with crime in the years prior to the onset of the global pandemic. For example, 211 individuals logged at least three arrests for burglary through June 2022, a 142.5% increase compared with the 87 individuals arrested at least three times for burglary in the first six months of 2017. For shoplifting, 899 people have been arrested three times for that crime through June 2022, an 88.9% increase over the 476 individuals arrested three times for shoplifting through June of 2017.

Nonetheless, with a reduced headcount, and a streamlined overall budget, police officer productivity is on the rise.

So far, in calendar 2022, overall arrests by police officers have increased by 24% compared with the same period a year ago. More specifically, arrests for the seven major felony crimes are up by approximately 29% compared with the same period in 2021. Firearms arrests are at a 27-year high, as the NYPD has taken more than 4,300 guns off the streets through the end of July.

Additionally, criminal court summonses are up 10%, while parking summonses are up by 23% and moving summonses are up by 15% compared to the same period a year ago.

Officers of the NYPD are working around the clock, giving their all to help make New York safe – and the city this year is safer: The numbers of murders and shootings are both on the decline through the first seven months of the year, compared to the same period in 2021.

Yet, for many of the most serious criminals, the city’s criminal justice system has created a revolving-door of no-consequences for wrongdoing that is allowing them right back onto the streets to prey on innocent victims. Today, nearly 25% of those arrested for burglary go on to commit another felony within 60 days, a sharp increase compared with 2017, when 8% of accused burglars were arrested for another felony within 60 days. Analyses for the offenses of Grand Larceny, Grand Larceny Auto, and Petit Larceny, show nearly identical increases for 2021 compared with 2017. And, those recidivism rates for those crimes have not improved in calendar 2022.

This “no consequences” landscape must end.

To understand the damaging effect on the city, consider the list, below, representing notable, recent recidivists who have repeatedly victimized New Yorkers. For individuals with criminal histories for reoffending, as well as for criminals who commit severe or violent crimes, judges must be provided the discretion to discern the best method of ensuring that they do not victimize more New Yorkers and make our communities less safe.

These worst-of-the-worst recidivists include:

  • A high-volume offender with 101 career arrests – 88 of which have occurred since 2020.
  • A repeat offender arrested 57 times since 2020 – with 23 of those arrests for burglary. The individual is currently free on parole.
  • A recidivist with 87 arrests, 25 of them since 2020, and 9 of those involving a robbery charge. This individual is also free on the city’s streets at this time.
  • An individual with 48 career arrests, including 39 since 2020. This individual has logged 17 grand larceny arrests and has 10 open warrants.
  • A recidivist currently free despite a record of 63 total arrests, including 39 since 2020. This individual has 13 arrests for grand larceny auto.

The NYPD has long championed reform – to reflect what a majority of New Yorkers have expressed as their desire for effective and fair law enforcement. But these trends are alarming and indisputable. We cannot continue to allow a limited number of dangerous recidivists to exploit current bail laws to repeatedly victimize innocent New Yorkers. Together, all forces of government must pull together to fix the laws, return our system to pre-pandemic functionality, and continue to make our city and its people safer.

Attorney General James Fights to Protect Transgender Students’ Rights

 

AG James is Co-Leading a Coalition of 22 Attorneys General in Filing an Amicus Brief to Protect an Indiana Transgender Student Against Gender-Based Discrimination

 New York Attorney General Letitia James took legal action to protect transgender students’ rights. Co-leading a coalition of 22 attorneys general, Attorney General James filed an amicus brief in the case of A.C. v. Metropolitan School District of Martinsville opposing the school district’s efforts to bar a transgender male student from using the boys’ bathroom. The student, A.C., was forced to use a single-sex restroom located in the school's medical clinic rather than be allowed to use any of the boys’ restrooms throughout the school.

“Attacking the rights of transgender students is an attack on our basic values and constitutional rights, and that cannot be tolerated,” said Attorney General James. “By empowering individuals through inclusive policies and respect, we help create a more equitable society and ensure everyone is able to realize their full potential, free of discrimination. I will continue to stand up and fight against efforts to strip away rights and refuse to accept people who for they truly are.”

The brief — filed in the U.S. Court of Appeals for the Seventh Circuit — argues for the court to affirm a lower court ruling requiring the Metropolitan School District of Martinsville, Indiana to allow A.C. to use the boys’ bathroom. The coalition of attorneys general note that preventing a transgender student from using a school restroom consistent with the student’s gender identity violates Title IX of the Education Amendments of 1972 by denying transgender boys and girls access to the same common restrooms that other boys and girls may use. The amicus brief also demonstrates that inclusive policies that maintain sex-segregated spaces while permitting transgender people to use a facility that aligns with their gender identity help to ease the stigma transgender people often experience, with positive effects for their educational and health outcomes.

The brief also notes that over 1.6 million people in the United States, including approximately 300,000 youth between the ages of 13 and 17, identify as transgender. Despite these Americans’ significant contributions to their communities, they unfortunately often experience discrimination that limits their ability to realize their potential and that transgender youth experience levels of discrimination, violence, and harassment that exceed those experienced by their cisgender counterparts. The attorneys general’s amicus brief demonstrates that protecting transgender people from discrimination yields broad benefits without compromising privacy or safety, and that nondiscriminatory restroom policies produce important benefits and pose no safety concerns.

Attorney General James has repeatedly fought for the rights of transgender individuals. In November 2021, Attorney General James co-led a coalition of 23 attorneys general in challenging a Florida School District’s policy to prohibit transgender students from using bathrooms which corresponded with their gender identity. In October 2021, Attorney General James led a multi-state coalition of attorneys general to support transgender students seeking to participate in sex-segregated school sports consistent with their gender identity. Additionally, in November 2019, Attorney General James successfully co-led a coalition of attorneys general in the fight to support the rights of transgender students to use bathrooms in line with their gender identity in the case Gavin Grimm v. Gloucester County School Board in the U.S. Court of Appeals for the Fourth Circuit.

Joining Attorney General James in filing the brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - AUGUST 3, 2022

Clinical specimen testing for Novel Coronavirus (COVID-19) at Wadsworth Laboratory

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

20 Statewide Deaths Reported Yesterday 


 NOTE: Beginning June 24, 2022, the Vaccine data will be updated weekly on Fridays to align with CDC's updated data refresh schedule. For additional information on COVID-19 Vaccination Data provided by CDC, see https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-total-admin-rate-total.

NOTE: Updates to the CDC's cumulative death data files are being delayed, as the CDC upgrades its system. Any questions about this should be directed to the CDC. During this time, total deaths and new daily deaths reported through HERDS will continue as normal.

Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"As we continue to prepare for any potential surges in the fall, be sure to use the tools now that help protect against and treat COVID-19," Governor Hochul said. "The vaccine and booster are the best tools we have to prevent serious hospitalization from COVID-19, and I encourage those who are not up to date on their vaccine and booster doses to get caught up immediately. Take a test if you feel unwell and if you do test positive, talk to your doctor about potential treatment."

Today's data is summarized briefly below:

  • Cases Per 100k - 38.31
  • 7-Day Average Cases Per 100k - 31.21
  • Test Results Reported - 83,549
  • Total Positive - 7,487
  • Percent Positive - 8.50%**
  • 7-Day Average Percent Positive - 8.59%
  • Patient Hospitalization - 2,697 (-1)
  • Patients Newly Admitted - 437
  • Patients in ICU - 249 (+1)
  • Patients in ICU with Intubation - 85 (+1)
  • Total Discharges - 327,273 (+389)
  • New deaths reported by healthcare facilities through HERDS - 20
  • Total deaths reported by healthcare facilities through HERDS - 57,133

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

  • Total deaths reported to and compiled by the CDC - 72,847

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough  

Sunday, July 31, 2022 

Monday, August 1, 2022 

Tuesday, August 2, 2022 

Bronx 

9.32% 

9.20% 

9.13% 

Kings 

7.34% 

7.28% 

7.32% 

New York 

7.07% 

7.05% 

6.91% 

Queens 

9.47% 

9.33% 

9.38% 

Richmond 

8.42% 

8.31% 

8.35%