Adams Calls for Reform of State Assembly Disclosure Law

In the midst of budget negotiations in New York state dragging on, the state legislature was able to pass a temporary funding bill to avert a shutdown of local government, as Mayor Adams once again urged the state assembly to expedite judicial reform, particularly focusing on amending the “Criminal Evidence Disclosure Law”.

The Police Commissioner of New York City, Jessica Tisch, emphasized during a press conference that since the implementation of criminal justice reforms in 2020, the recidivism rate in the city has sharply increased. According to police data, in 2024 compared to before the reforms in 2018, the recidivism rates for aggravated assault have risen by 146%, car theft by 118%, robbery by 83%, shoplifting by 64%, grand theft by 71%, and burglary by 61%.

Tisch described the proposed legislative changes as a “precision surgical adjustment”, aimed at closing unintended legal loopholes opened by the reform laws, and that it “will not deviate from the spirit of the 2019 reforms”.

“We are not facing a surge in overall crime rates, but an extreme recidivism crisis,” Tisch stated. “We need to close unintended loopholes in the law to prevent the entire criminal system from becoming a revolving door for repeat offenders.”

Under the current evidence disclosure law, if prosecutors fail to submit all evidence within the time limit, a case may face dismissal. The city government proposed giving judges more discretion to determine the substantive impact of delayed evidence on the outcome of the case, to avoid releasing potentially dangerous offenders due to technicalities.

Mayor Eric Adams stated during a press conference on Tuesday that some state legislators “do not even believe that New York City has a recidivism problem”, indicating political resistance to the reforms. While he did not name these dissenting lawmakers, he emphasized, “We need concrete policy tools to put an end to the cycle of criminals constantly being released and reoffending.”

However, the left-wing advocacy group Legal Aid Society opposes closing legal loopholes. The organization believes that the reform supported by Governor Kathy Hochul and Mayor Adams effectively amounts to a complete repeal of the current Discovery Law system, which would severely impact the basic rights of defendants.

“This would once again place defendants in a legal limbo similar to the case of Kalief Browder, unable to timely learn the details of the charges, leading to a significant increase in wrongful convictions and coerced plea deals,” the society stated.

The case of Kalief Browder refers to the African American youth from the Bronx, New York, who was held at Rikers Island prison without trial from 2010 to 2013 for allegedly stealing a backpack containing valuable items. During his time in solitary confinement, Browder spent 800 days; two years after his release, Browder hanged himself at his parents’ home. This case has been widely cited by activists advocating for subsequent bail reform movements.

Currently, there is no consensus reached on the legal provisions for judicial system reform in the state budget negotiations. Mayor Adams and his law enforcement team are intensifying their lobbying efforts, aiming to include reform provisions in the final state budget version.