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Sunday, April 10, 2022
Assemblyman Jeffrey Dinowitz Digest: Budget Agreement, Justice Jackson, & More
Governor Hochul Announces FY 2023 Budget Investments to Create a Safer and More Just New York
$227 Million for Gun Violence Prevention Programs
$90 Million to Expand and Implement Discovery and Support Pretrial Services
$143 Million in Investments for Mental Health Crisis Infrastructure
$62 Million for Cybersecurity
Governor Kathy Hochul today announced the public safety highlights of the FY 2023 Budget. The Budget includes meaningful and significant changes to our public safety laws that tackle the pervasive unease many are feeling in our streets and make our state safer and our criminal justice system fairer. These changes include allowing judges to set bail for gun charges that were previously subject only to release, adding factors that judges must consider when setting bail for any bail-eligible offense, closing problematic loopholes on Raise the Age and Discovery, making Kendra's Law more effective, and $90 million in new funding to support discovery reform implementation and pretrial services.
"When it comes to the safety of New Yorkers, we cannot go backward - we must move forward toward a safer and more just state, and I applaud Majority Leader Stewart-Cousins and Speaker Heastie for this collaborative process that led to meaningful and significant changes to our public safety laws," Governor Hochul said. "By putting an end to the trafficking of illegal guns, protecting victims of hate crimes and domestic violence, stopping the cycle of repeat offenders, and investing in our mental health infrastructure, we are proving that justice and public safety are not mutually exclusive."
The Budget will also include $227 million to fund bold initiatives that will strengthen the gun violence prevention efforts of law enforcement and community-based organizations. Through these comprehensive actions, we will work to restore New Yorkers' sense of safety and community by tripling the state's gun violence intelligence resources, providing $13.1 million to expand the use of Community Stabilization Units, tripling investment in New York's SNUG outreach program, providing $18 million in direct support to local law enforcement for gun violence prevention, allocating $20 million to respond to regional needs in the aftermath of gun violence, and $3 million - an increase of $2.5 million - for the Office of Gun Violence Prevention.
Clarify and Expand the Factors That Judges Must Consider When Setting Bail
The FY2023 Enacted Budget expands the list of factors that judges must consider when setting bail, adding: (1) history of gun use or possession (which currently applies only in domestic violence cases); (2) any previous violation of an order of protection (which currently applies only in domestic violence cases); and (3) whether the charge is alleged to have caused serious harm to an individual or individuals. In addition, there will be new reporting requirements related to bail determinations made by judges, and how they relate to recommendations made by prosecutors.
Expand Arrest-Eligibility and Bail-Eligibility for Repeat Offenses and Hate Crimes
The FY2023 Enacted Budget will allow police to make arrests, not just issue desk appearance tickets, for all repeat offenses currently covered by the bail law — repeat felonies and class A misdemeanors involving harm to a person or property will now be both arrest-eligible and bail-eligible. Repeat offenses involving theft of property will also now be arrest-eligible and bail-eligible, with limited exceptions for crimes of poverty. In addition, the "Desk Appearance Ticket loophole" will be closed, so that these provisions of law will apply to repeat offenses even if there has not yet been an arraignment for the first offense. Finally, all hate crimes that are not currently arrest-eligible will become arrest-eligible if the individual is eighteen or older.
Expanding Bail Eligibility for Gun Offenses
The FY2023 Enacted Budget allows judges to set bail for all three felony gun offenses that are not currently bail-eligible: criminal sale of a firearm to a minor (265.16) and criminal possession of a defaced firearm (265.02(3)) will be fully bail-eligible, while criminal possession of an unloaded gun (265.01(b)) will become bail-eligible (and arrest-eligible) on a second offense. In addition, criminal possession of a gun on school grounds (265.01(a)) (commonly applied to unloaded guns), which is already bail-eligible but not arrest-eligible, will become arrest-eligible if the individual is eighteen years old or older.
Make it Easier to Prosecute Gun Trafficking
The FY2023 Enacted Budget makes it easier to prosecute gun trafficking, which will facilitate the work of the Governor's newly established inter- and intra-state gun tracing consortium. The illegal sale of two or more guns within a year will now constitute a C felony (down from five guns), and the illegal sale of three or more guns within a year will now constitute a B felony (down from ten guns). In addition, possession of three or more guns (down from five) will constitute a presumption of the intent to sell, making it easier to bring forth these charges.
Fix the Discovery Statute
The FY2023 Enacted Budget ensures that cases will not be automatically dismissed when prosecutors make belated discovery disclosures in good faith. Judges will assess the extent of the prejudice to the defendant created by any belated disclosure, and determine what, if any, sanctions are appropriate. In addition, automatic discovery will no longer apply to traffic infractions and other administrative tickets.
Close the "Raise the Age Loophole" and Provide Program Referrals to Juveniles on Release
The FY2023 Enacted Budget closes the "Raise the Age loophole" and provides Family Court with jurisdiction over cases when 16- and 17-year-olds are charged with an offense but not arraigned until they are 18; currently these cases are dismissed due to lack of jurisdiction. Courts will also be required to provide referrals to programs and services to juveniles who are being released.
Extend and Improve Kendra's Law
The FY2023 Enacted Budget extends Kendra's Law through 2027, and enacts the most significant substantive amendments to the law since it was overhauled in 2005. These amendments will make "assisted outpatient treatment" (AOT) orders function more effectively, remove procedural bars, and increase coordination between service providers. To better enable AOT hearings, physicians will now be able to testify virtually. Courts will be able to issue AOT orders for individuals whose symptoms have worsened. And hospitals will now be required to share patient information with the mental health professionals responsible for supervising AOT orders. Additionally, the state will conduct an independent study on mental health treatment outcomes for individuals on AOT compared to individuals receiving voluntary services by June 30, 2026.
Allows Judges to Require Mental Health Evaluations as a Condition of Pretrial Release
The FY2023 Enacted Budget allows courts to order psychiatric assessment for individuals who appear, by clear and convincing evidence, to be mentally ill such that if left unattended their conduct may result in harm to themselves or others. Upon assessment and determination by a physician, individuals may be subject to involuntary commitment in accordance with the mental hygiene law. Additionally, judges will have access to assessment summaries to ensure compliance with any conditions of release, including essential treatment and services.
Invest in Mental Health Services and Treatment
The Enacted Budget makes substantial investments in mental health crisis infrastructure, including:
- $35 million to prepare New York for the nationwide launch of 9-8-8, the suicide prevention and behavioral health crisis hotline system, increasing to $60 million in FY2024;
- $55 million ($27.5 million in State funds plus federal matching dollars) for hospitals to bring up to 1,000 inpatient psychiatric beds back online;
- $11.3 million to launch the Governor's Safe Options Support (SOS) homeless outreach teams comprised of mental health specialists to conduct direct one-on-one outreach to New Yorkers experiencing homelessness, ramping up to the full annual investment of $21.5 million starting in FY2024;
- $12.5 million for 500 dedicated scattered site supportive housing beds to more quickly transition those in crisis from the streets, subways, and shelters to stable housing;
- An additional $10 million in crisis response infrastructure investment;
- A restoration of $10.2 million in funding for OMH State-Operated Psychiatric Centers to ensure adequate staffing and capacity; and
- $9 million to launch a loan forgiveness program to recruit psychiatrists and psychiatric nurse practitioners.
In addition, the comprehensive housing capital plan in the Enacted Budget includes 10,000 units of supportive housing.
Invest in Discovery and Pretrial Services
The Budget includes $90 million in new resources to support discovery reform implementation and pretrial services. This includes $65 million in new investments to discovery that ensure public safety, including system-wide coordination, technology, expanded storage capabilities, and administrative support. It also includes $25 million for pretrial services, alternative to incarceration services and reentry programs. These services include reminders and monitoring of court attendance, screening, and referrals for mental health and substance abuse treatment.
Cybersecurity
Governor Hochul's historic proposal in this year's Budget for investment in New York State's cyber protections includes $61.9 million for cybersecurity, doubling the previous investment. These investments will fund critical protections, including the expansion of the state's cyber Red Team program to provide additional penetration testing, an expanded phishing exercise program, vulnerability scanning and additional cyber incident response services. These investments help ensure that if one part of the network is attacked, the state can isolate and protect the rest of the system.
Also, as part of this proposal, the Governor is proposing a $30 million "shared services" program to help local governments and other regional partners acquire and deploy high quality cybersecurity services to bolster their cyber defenses. The interconnected nature of the state's networks and IT programs means that attacks can quickly spread across the state. Many government entities often do not have the funding or resources necessary to protect their systems, some which provide critical services like healthcare, law enforcement, emergency management, water treatment, and unemployment insurance, to name a few.
MAYOR ADAMS’ STATEMENT ON ADOPTED STATE BUDGET
New York City Mayor Eric Adams issued the following statement highlighting a number of key policies the Adams administration pushed for in the state’s Fiscal Year 2023 budget bills:
“New Yorkers need help, and thanks to our leadership, the state budget included huge components of my ‘People’s Plan for New York,’ which will put hundreds of millions of dollars in the pockets of working class New Yorkers. In particular, Albany answered our call for investments in childcare and an enhanced Earned Income Tax Credit — both of which will make a real difference in New York families’ lives and accelerate our economic recovery, both now and in the future. It also makes critical investments in NYCHA, which will improve the living conditions for thousands of public housing residents that have been subject to neglect and dysfunction for far too long. The budget also reflects our call to action on a number of public safety measures and elements of our ‘Blueprint for Public Safety,’ including improvements to the discovery process, gun and mental health laws, and judges’ ability to keep repeat offenders off the streets.
“I commend the governor, the Senate, and the Assembly for their work, even while we acknowledge that we have far more work to do on key areas of public safety, housing, mayoral accountability, and more in the ongoing legislative session.”
Key city priorities in the state’s adopted budget included:
- Approving the first expansion of the city’s Earned Income Tax Credit in nearly 20 years that will result in an additional city investment of $250 million on an annual basis, and providing a one-year state-funded supplemental payment worth 25 percent of the state's Earned Income Tax Credit federal credit;
- Authorizing the city to provide property tax abatements to property owners who retrofit property to establish childcare centers, which could create up to 11,000 additional childcare seats;
- Authorizing the city to offer a tax credit for businesses that provide free or subsidized childcare to their employees, which could create up to 6,600 childcare seats;
- Extending the design-build program for an additional five years and adding the New York City Department of Citywide Administrative Services (DCAS) as an Authorized Entity to accelerate projects intended to reduce energy consumption and greenhouse gas emissions;
- Adopting a Pass-Through Entity Tax mechanism that is similar to the one adopted by New York state to reduce federal tax liability for partnerships and S corporations in response to the State and Local Tax (SALT) deduction limitations enacted in the 2017 Federal Tax Cuts and Jobs Act;
- Investing $1.1 billion in capital funding for the New York City Housing Authority (NYCHA), including $750 million in reappropriations for capital projects from prior budgets; and
- Reducing the city’s share in withheld sales tax collections to the Distressed Hospitals Fund from $200 million to $150 million.
Fort Wayne Man Sentenced To 420 Months In Prison For Gun and Drug Offenses
Torrence Larry, 44, of Fort Wayne, Indiana, was sentenced, on April 8, 2022, by United States District Court Judge Holly A. Brady, after being convicted of federal gun and drug charges following a three-day jury trial, announced United States Attorney Clifford D. Johnson.
Larry was sentenced to 420 months in prison followed by 4 years of supervised release.
According to documents in this case, while under investigation, Larry sold cocaine and heroin from his residence in May and June of 2017. Law enforcement recovered quantities of cocaine, crack cocaine, and methamphetamine when a search warrant was executed at his residence. Officers also found additional evidence of drug distribution as well as a firearm he possessed to facilitate and protect his drug trafficking activities. At this time, Larry had previously been convicted of a felony based on an armed bank robbery conviction in federal court and a state court drug dealing conviction.
At his December 2021 trial, Larry was convicted on all three distribution counts, as well as a single count of possessing with intent to distribute controlled substances. Larry was also convicted of being a convicted felon in possession of a firearm and for possessing a firearm during and in relation to his drug trafficking activities.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department, the Drug Enforcement Administration, the Drug Enforcement Administration Laboratory, and the Indiana State Police Laboratory.
This case was being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
STATEMENT ON NYC MAYOR ADAMS’ HEALTH STATUS
The following is a statement from Fabien Levy, press secretary to New York City Mayor Eric Adams, on the mayor’s health status:
“This morning, Mayor Adams woke up with a raspy voice and, out of an abundance of caution, took a PCR test that has now come back positive.
“At this time, the mayor has no other symptoms, but he is already isolating and will be canceling all public events for the remainder of the week. He is also going to immediately begin taking the anti-viral medications offered for free to New York City residents and encourages all New Yorkers eligible for these medications to take them as well.
“While he is isolating, he will continue to serve New Yorkers by working remotely.”
Statement by Speaker Adrienne E. Adams on City Agencies’ Absence from Twin Parks Fire Hearing
Speaker Adrienne E. Adams sent a letter to Mayor Eric Adams about key city agencies being absent from the Council’s joint oversight hearing yesterday on the Twin Parks fire and related legislation to prevent future fire tragedies.
The full letter can be read here, and the Speaker released the following statement.
“I am disappointed in the lack of participation by key city agencies in yesterday’s joint oversight hearing on fire safety in the wake of the Twin Parks fire, one of the worst fire tragedies that our City has experienced in its history. The City Council takes its oversight responsibilities seriously, and we expect city agencies that are accountable to the public to adequately participate in Council hearings to fulfill their obligation to New Yorkers. Key city agencies, like the Department of Buildings, Department of Environmental Protection, and Department of Consumer and Worker Protection, failing to participate in a hearing about their role in preventing such tragedies from occurring in the future is not only disrespectful but to the detriment of our city and fire safety. I sincerely hope the administration and agency leadership realized this error and will ensure adequate participation in future Council hearings.”
Former State Department Employee Sentenced To Prison For Honest Services Fraud
Defendant Provided Confidential Bidding Information to a Bidder and Received Lucrative Kickback Payments in Return
Damian Williams, the United States Attorney for the Southern District of New York, announced that MAY SALEHI, a former State Department employee, was sentenced today to 12 months in prison for conspiring to commit honest services fraud. SALEHI was a longtime State Department employee who was involved in evaluating bids for critical overseas government construction projects such as U.S. embassies and consulates. SALEHI gave confidential inside bidding information to a Government contractor, and received $60,000 in kickback payments in return. SALEHI was sentenced by United States District Judge Jed S. Rakoff.
U.S. Attorney Damian Williams said: “As a State Department employee, May Salehi was entrusted to serve the public. Instead, she abused her position to line her own pockets. Salehi revealed, and traded on, confidential information—corrupting the bidding process and receiving lucrative kickbacks in return. Thanks to our partners at the State Department’s Office of Inspector General, Salehi’s crime of deception has been uncovered, and Salehi has now been sentenced to prison.”
According to the allegations in the Information, court filings, and statements made in court:
From 1991 until mid-2021, MAY SALEHI was a State Department employee. For many years, SALEHI worked as an engineer in the State Department’s Overseas Building Operations division (“OBO”), which directs the worldwide overseas building program for the State Department and the U.S. Government community serving abroad.
In 2016, the State Department solicited bids for a multimillion-dollar construction project known as a compound security upgrade to be performed at the U.S. Consulate in Bermuda (the “Bermuda Project”). The bidding process involved the submission of blind, sealed bids from various bidders. Six companies submitted sealed bids, one of which was named Montage, Inc. (“Montage”).
SALEHI was involved in the Bermuda Project in several respects. Among other things, SALEHI served as the Chair of the Technical Evaluation Panel (“TEP”)—a panel of experts that evaluates the technical aspects of bids, including whether they meet the State Department’s structural and security needs. In connection with the Bermuda Project, the TEP determined that five bids—including Montage’s bid—were technically acceptable.
In September 2016, the State Department’s employees who evaluate the cost of bids gave these five bidders—including Montage—the opportunity to re-bid, if they wished to do so. Montage had two days to decide whether to submit a re-bid. During that two-day window, Montage’s principal, Sina Moayedi, contacted SALEHI by phone to seek confidential inside bidding information about the relationship between Montage’s bid and those of its competitors. SALEHI agreed to meet Moayedi in person during the work day. In response to Moayedi’s inquiry, SALEHI told him that all five bids were low, and that his bid was lowest by about a million dollars. Moayedi said that he would give SALEHI 1% of the contract value if he won; and as she walked away, SALEHI proposed a cover story by stating: “I have rugs to sell.” SALEHI knew that it was unlawful to provide this confidential bidding information to a bidder. After Moayedi received this inside information from SALEHI, Montage immediately increased its bid by nearly $1 million. In its revised bid to the State Department, Moayedi and Montage lied as to the reason it had increased its bid by nearly $1 million, falsely claiming that it had discovered “an arithmetic error” in its estimates. Montage was ultimately awarded the Bermuda Project with a revised bid of $6.3 million.
In the months that followed, Moayedi provided SALEHI a total of $60,000 in kickbacks, which he paid in three installments. In making these kickback payments, Moayedi used intermediaries to obscure the link between him and SALEHI. To conceal the true purpose of the kickback payments, as she had suggested, SALEHI gave Moayedi a Persian rug, by providing it to an intermediary who passed it to Moayedi. SALEHI did not report the $60,000 kickback payments on her taxes, her State Department financial disclosure forms, or her application to renew her top-secret national security clearance.
In addition to her prison sentence, SALEHI, 66, of Washington, D.C., was sentenced to three years of supervised release. SALEHI was also ordered to forfeit $60,000 and to pay a $500,000 Fine.
Sina Moayedi has been charged with wire fraud, conspiracy to commit wire fraud, conspiracy to commit honest services wire fraud, and major fraud against the United States. The charges against Moayedi are pending. See 22 Cr. 188 (JSR).
Mr. Williams praised the outstanding investigative work of the State Department OIG, Special Agents from the United States Attorney’s Office for the Southern District of New York, and IRS‑CI.
Governor Hochul Announces Historic $20 Billion Multi-Year Healthcare Investment in FY 2023 Budget
Invests $7.7 Billion to Increase Home Care Worker Minimum Wage by $3
$1.2 Billion Directed to Bonuses for Frontline Health Care Workers
$2.4 Billion Investment in Healthcare Infrastructure
Expands Medicaid Eligibility for Low Income New Yorkers with Disabilities, and Age 65 and Up Including Undocumented
Extend Medicaid Coverage from 60 days to One Year Postpartum for All Pregnant Individuals
5.4 Percent Cost of Living Adjustment for Human Services Workers
Governor Kathy Hochul today announced a historic $20 billion, multi-year healthcare investment in the FY 2023 State Budget. Creating better working conditions for healthcare workers will be a priority, with $1.2 billion dedicated to frontline healthcare worker bonuses, as well as a $4.5 billion multi-year investment in payment reform. Other landmark investments include $2.4 billion being directed to improving healthcare infrastructure and $3.9 billion in funding to provide aid to hospitals struggling financially from the COVID-19 pandemic. Another $7.7 billion will be spent over four years to increase the home care worker minimum wage by $3. These groundbreaking investments will work together to improve working conditions and grow the workforce by 20 percent over the next five years, and improve the healthcare industry for all New Yorkers.
"New York depends on a strong, stable and equitable health care system and at the very foundation are the industry's workers, who've been asked to do the impossible and are continuing to do so two years after the start of the pandemic," Governor Hochul said. "This Budget includes historic investments that will rebuild the health care economy by raising health care worker's pay, improving their workplace infrastructure and providing incentives that will attract more people to the workforce. I thank Majority Leader Stewart-Cousins and Speaker Heastie for their work to ensure we are building the health care economy of the future."
Over $5 billion dollars of this funding will be dedicated to pay reform and bonus wages for healthcare workers. This includes $1.2 billion going towards healthcare and mental hygiene worker retention bonuses, with up to $3,000 bonuses going to workers earning less than $125,000 who remain in their positions for one year, and pro-rated bonuses for those working fewer hours. $500 million will be dedicated to cost-of-living adjustments to raise wages for human services workers. The Budget also includes a 5.4 percent cost of living adjustment for human services workers.
Healthcare infrastructure improvements are essential to not only improving the work environment for healthcare workers, but drastically improving patient care and wait times. The Budget establishes a new $2.4 billion investment for the purpose of financing infrastructure improvements for hospitals, nursing homes, ambulatory care centers, community-based centers and other eligible healthcare facilities and providers. In addition to this, $3.9 billion in funding over four years -- an 88 percent increase over the prior four years - will be dedicated to providing aid to hospitals still struggling financially from the COVID-19 pandemic.
To increase coverage and affordability for seniors, the Enacted Budget raises the income limit for New Yorkers 65 and up and for those with disabilities to 138% of the federal poverty level, raises the income limit for the Medicare Savings Program, and expands coverage for undocumented individuals 65 and up.
New York State is committed to addressing structural and institutional inequalities in the healthcare to create a safer birth experience for all mothers and families across the state, including those who are undocumented. The Budget will include over $20 million in annual investments designed to expand access to holistic prenatal and postnatal care to reduce racial inequities and make quality care accessible for all mothers. The state will expand postpartum coverage for all individuals eligible for Medicaid while pregnant from 60 days to one year after they give birth, leading to more equitable health outcomes across the state.