Assemblyman Jeffrey Dinowitz Digest: Budget Agreement, Justice Jackson, & More

 

• GET VACCINATED AND BOOSTED! •

What's Happening in the 81st Assembly District?

Congratulations to Supreme Court Justice Ketanji Brown Jackson State Budget Agreement Reached, Votes Pending April 18 Tax Deadline Approaches, Free Help Still Available Local Update: Pushing for Bathroom Facilities to Replace Van Cortlandt Stadium Albany Update: Two Dinowitz Bills Pass Assembly to Protect Workers Poll of the Week: Affordable Housing Tax Incentives REMINDER: MetroCard Van Services in Woodlawn and Central Riverdale Next on Friday, April 29 Updates from Government & Community Partners

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Congratulations to Supreme Court Justice Ketanji Brown Jackson

First, she is one of the most qualified candidates for Supreme Court that our country has ever seen. She is currently a Judge on the US Court of Appeals for the DC Circuit, after being appointed in 2021 following eight years serving as a Judge on the US District Court for the District of Columbia. Prior to that, she served as the Vice Chair of the US Sentencing Commission for three years, and before that she worked as a public defender. Judge Jackson will be the first former federal public defender to serve on the Supreme Court. Judge Jackson also served as a law clerk to Justice Breyer after graduating magna cum laude from Harvard University, cum laude from Harvard Law School, and serving as an editor of the Harvard Law Review. Second, she is the first Black woman to serve on the Supreme Court in our nation's history. Despite all of the progress on civil rights that has been made, it is very clear that there is a significant segment of our country that still hold bigoted viewpoints. This could not have been made more clear by the obvious double standard that Senate Republicans held for Judge Jackson as compared to Trump nominees Brett Kavanaugh and Amy Coney Barrett. However, we should take this moment to celebrate a significant achievement which will undoubtedly inspire generations of young women who dream of serving our nation on the highest court — just as the confirmation of Justice Sotomayor did for kids from the Bronx. Congratulations again to Ketanji Brown Jackson on her confirmation!

State Budget Agreement Reached, Votes Pending

As this newsletter is being written, the Assembly is debating and voting on a set of ten budget bills that constitute our state budget. By the time you read this email, it is likely that the votes will have concluded. I will share details of what is in the budget next week. As I have said many times over the years, the state budget is a messy, ugly process that often results in the enactment of some things that I like and other things that I don't like. However, I think my job as your state representative is to deliver as many resources to help the people of my district and the state as I can in the budget, and that's what all of my colleagues are doing too. There are 150 members of the Assembly, two-thirds of whom are in the Majority Conference, and there are invariably different opinions on almost every issue. Budgets are compromises, and I think it is important that legislators are able to step back from our personal ideologies in order to get a budget done that best serves the people of New York. With respect to this year's budget, I will say that this may be the best budget we have ever enacted during my time in the Assembly. There are certainly things that I wish we would have included funding for, such as funding for childcare for undocumented immigrants or additional funding to combat climate change. There are certainly things that I wish we would have left out, such as funding for the billionaire owners of the Buffalo Bills to build a new stadium. However, on the whole, we have invested huge amounts of money in a number of excellent areas: additional financial relief for tenants and certain landlords, generational investments in universal childcare, climate change adaptation and mitigation, and much more. I am also proud that two of my bills will be functionally enacted as part of the state budget. One bill which will be accomplished in the budget is to require that Boards of Elections include postage paid return envelopes with absentee ballots. This will help alleviate what has been a de facto poll tax, and is especially important as we work to ensure that all New Yorkers are able to safely and comfortably submit ballots in elections during the COVID-19 pandemic. Another bill which will be accomplished in the budget would require the Welfare Management System to provide a gender-neutral marker option on applications, materials, public guidance, and other related items to the benefits application process. This will bring our social services system into line with the rest of New York, especially as New Yorkers are legally allowed to note their official gender as male, female, or X on their birth certificate. I will go into more detail next week once the bills have been passed and we have had more time to distill them into a digestible format for you to peruse.

April 18 Tax Deadline Approaches, Free Help Still Available

As you hopefully are aware, the annual deadline to file your income taxes is coming up soon. This year, taxes are due on Monday, April 18 (it is typically April 15, but that coincides with Good Friday and Passover so the deadline was pushed back). Please remember that if you intend to file for an extension, you need to do that by April 18 as well. If you need help filing your taxes, there are resources available from the City to assist low and middle income New Yorkers with tax preparation. More information on those resources can be found here: https://www1.nyc.gov/site/dca/consumers/file-your-taxes.page

Local Update: Pushing for Bathroom Facilities to Replace Van Cortlandt Stadium

As we get closer to the summer, many of you may be looking forward to spending beautiful and warm days in the best park in our City — Van Cortlandt Park. Some of you may have already noticed that the bathrooms which have typically been available at Van Cortlandt Stadium have been closed. The whole Stadium is in dire need of capital repairs, which includes the bathroom facilities. There are nearby bathrooms near Van Cortlandt Pool along Broadway, at the Nature Center, at Van Cortlandt Golf House, and at Classic Playground — however people who are using the tennis courts or Southwest Playground area may not want to walk that far. My office has communicated with the Parks Department at Van Cortlandt Park to ask that they install some form of temporary bathroom facility to replace the Stadium bathrooms while that facility awaits a much-needed capital repair. Additionally, we have asked if they can install additional signage so that park users can more easily know where the closest bathrooms are. I am encouraged by my office's conversations with the Parks Department here, and I am hopeful that there will be sufficient bathroom access in Van Cortlandt Park in time for the summer.

Albany Update: Two Dinowitz Bills Pass Assembly to Protect Workers

I am pleased to share that two more of my bills have passed the Assembly this past week, both pertaining to protections for employees. The first bill, A1514, prohibits employers from requiring certain conditions or preconditions of employment. Specifically, this legislation would prohibit the use of mandatory arbitration agreements in employment contracts. These clauses are typically used to deter employees from pursuing civil lawsuits against their employer, which would inhibit an employee's ability to pursue justice for alleged workplace harassment, discrimination, unsafe conditions, or other problematic circumstance. The bill will now move to the State Senate for their approval. The second bill, A1861C, prohibits an employer from requesting that an employee or applicant disclose any means for accessing an electronic personal account. In other words, this bill would mean that employers cannot require an employee or prospective employee to grant them access to their social media accounts (among other types of private digital spaces).This would not apply where such an account is used on a work device or if the account is used for work purposes, as well as if needed for certain background checks. The bill now moves to the State Senate for their approval, where it has never been brought to a vote despite passing the Assembly several times over the years. I am proud of these two bills, and I will continue to work hard to enact additional workplace protections such as my legislation (A2192) to restrict the use of non-compete agreements in low-wage industries (such as fast food workers). Please feel free to contact my office with any other suggestions on how we can best protect workers in our modern economy.

REMINDER: MetroCard Van Services in Woodlawn and Central Riverdale Next on Friday, April 29

At our request, the MTA has agreed to provide their MetroCard van in central Riverdale and in Woodlawn once again during the months of March, April, and May. This is an easy way for you to apply for a reduced-fare MetroCard, to refill a MetroCard (including reduced-fare MetroCards), or to deal with any other MetroCard-related issue you may be having. The MetroCard van will be available at West 235th Street and Johnson Avenue between 9:30am and 11:30am, and will be available at the Woodlawn Library (Katonah Avenue and East 239th Street) between 12:30pm and 2:30pm on the following dates: • Friday, April 29 • Tuesday, May 31 As a reminder, the MetroCard van is also available on a recurring basis at the following locations: • Riverdale at Skyview Shopping Center (Riverdale Avenue between West 256th Street and West 259th Street) on the 1st and 3rd Wednesday of each month between 10:30am and 12:30pm • Kingsbridge at West 231st Street and Broadway on the 1st and 3rd Wednesday of each month between 1:30pm and 3:30pm • Knolls Crescent Mall (11-21 Knolls Crescent) on the 2nd and 4th Friday between 10am and 12pm My office will continue to advocate for the restoration of MetroCard van service to the Van Cortlandt Senior Center as well as the permanent addition of the locations in central Riverdale and Woodlawn to their regular schedule. The MTA has also indicated that riders can refill their MetroCards at participating retailers throughout the city. For a list of these retailers, please visit: tripplanner.mta.info/metrocardmerchants/BoroughMetroCardMap.aspx?zone=BX. Additionally, for those who are comfortable with online payments, the MTA will continue rolling out OMNY (which is their new fare payment system to replace the MetroCard). Using OMNY, you can pay for your transit fare using you contactless card (check your credit or debit card for what looks like a series of increasingly large closed parentheses), your smart device (such as a smart phone or smart watch that has been set up as a digital wallet). You may also now get a physical OMNY card (available currently at several retailers in our community, shown here: omny.info/retail-locations). These physical OMNY cards are able to be connected to a debit or credit card as well as refilled using cash at participating retailers. Beginning on February 28, 2022, the MTA is launching their pilot program to offer customers a weekly fare cap option. Basically, if you participate in this program through OMNY, after 12 subway or local bus trips tapping with the same card or device, you will automatically ride free for the rest of the week (defined as Monday through Sunday). For more information, please see the MTA's website here: https://omny.info/ Additionally, you can also apply for EasyPay Express using traditional MetroCard technology. This option allows you to connect a credit or debit card to your MetroCard so that it automatically refills either a 30-day unlimited plan or to maintain a $20 minimum balance on your MetroCard. For more information, please see the MTA's website here: https://www.easypaymetrocard.com/vector/static/faq/XpressFaq.shtml

New York State Troopers — Police Exam Registration Deadline April 10 Starting salary is $58,443 and salary after one year is $82,677 Full benefits & retirement Minimum test requirements: US citizen, 20-29 years old, High School diploma/GED For more information: Joinstatepolice.ny.gov Exam is offered every couple years

Updates from Government & Community Partners

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 supplement​al 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.”