Mayor Bill de Blasio signed last week, the Criminal Justice Reform Act (CJRA), eight bills that further the administration’s goals of preserving public safety and building stronger and safer neighborhoods by reducing arrests and incarceration.
“For too long, one small wrongdoing came with a huge cost, taking a large toll on New Yorkers’ lives and opportunities. A minor nonviolent act of poor judgment should not determine one’s destiny. Today, we are making sure that key low-level offenses are enforced appropriately – without sacrificing our city’s quality of life or our residents’ safety,” said Mayor Bill de Blasio. “I would like to thank Council Speaker Melissa Mark-Viverito and the City Council for moving these essential bills forward.”
The first bill, Intro. 639-B, requires the NYPD to make publicly available a report on the issuance of both criminal and civil summonses by offense; race, age, and gender of the person to whom the criminal or civil summons was issued; and the borough, precinct and housing area or transit district in which it was issued. In his remarks, the Mayor thanked the bill’s sponsor, Council Member Jumaane D. Williams.
The second bill, Intro. 662-A, adds yet another measure of transparency by requiring the NYPD to make publicly available a report on the issuance of Desk Appearance Tickets (DAT) by offense; race, age, and gender of the person to whom the DAT was issued; and the borough, precinct and housing area or transit district in which it was issued. In his remarks, the Mayor thanked the bill’s sponsor, Council Member Mark Levine.
The third bill, Intro. 1057-A, requires the NYPD to issue guidance to officers on when to use the criminal and when to use the civil summons enforcement option with respect to low-level offenses, such as littering, public urination, many parks offenses and unreasonable noise. The bill also requires that such guidance be made publicly available. In his remarks, the Mayor thanked the bill’s sponsor, Council Speaker Melissa Mark-Viverito.
The fourth bill, Intro. 1059-A, authorizes the Office of Administrative Trials and Hearings (OATH) to offer the option of serving community service in lieu of paying a civil penalty for certain low-level offenses, with the exception of certain offenses that are committed with an underlying commercial purpose. Anyone who begins community service but fails to complete it will have a civil penalty entered against them. Further, administrative law judges and hearing officers at OATH will be able to dismiss civil summonses in the interest of justice after considering specified factors. The bill will also require an annual reporting and analysis of judgements and penalties against those who have been issued civil summonses for low-level offenses such as littering, public urination, offenses in parks and unreasonable noise. In his remarks, the Mayor thanked the bill’s sponsor, Council Speaker Melissa Mark-Viverito.
The fifth bill, Intro. 1067-A, adds the option of a civil penalty of up to $25 and reduce possible imprisonment from five days to one day for anyone in violation of the City’s prohibition of possession of an open container of alcohol in public. In his remarks, the Mayor thanked the bill’s sponsor, Council Member Vanessa Gibson.
The sixth bill, Intro. 1070-A, establishes a civil penalty of $75 for first-time offenders for the offenses of littering and public urination. Civil penalties for subsequent offenses within a 12 month period will be $250 to $350 for a second offense and $350 to $450 for a third offense. This bill will also reduce the possible imprisonment from ten days to one day. In his remarks, the Mayor thanked the bill’s sponsor, Council Member Rory Lancman.
The seventh bill, Intro. 1058-A, reduces the civil penalty amounts for unreasonable noise violations other than those committed in a commercial context or in certain cases by building owners. This bill will establish a civil penalty for a first offense of $75 to $150, civil penalty for a second offense within two years of $150 to $250, and a civil penalty for a third offense within two years of $350 to $500. Currently, the respective civil penalties for unreasonable noise are $350 to $450 for the first offense, $700 to $2,000 for the second offense and $1,050 to $3,000 for the third offense within two years. The civil penalties for unreasonable noise committed in a commercial context or through the use of building machinery will remain the same. In his remarks, the Mayor thanked the bill’s sponsor, Council Speaker Melissa Mark-Viverito.
The eighth bill, Intro. 1056-A, changes the penalties when certain rules of the Department of Parks and Recreations are violated. Most rules will be punishable as a violation – which is not considered a crime and does not appear on a person’s criminal record – instead of a misdemeanor. Furthermore, the maximum civil penalty for violating most Parks rules will be reduced from $10,000 to $300. There will be exceptions for the violation of certain Parks rules, which would remain punishable as a misdemeanor and carry a penalty of up to $1,000 criminal fine and up to 20 days imprisonment as well as a civil penalty of up to $5,000 for the first offense and $10,000 for the second offense committed within 12 months. This misdemeanor treatment is reserved for the more egregious offenses that relate to public safety and other serious matters such as explosives, firearms and weapons, unlawful commercial activity, and exclusive children’s playgrounds. Finally, causing significant expense or damage to Parks property, including trees, will be punishable as a misdemeanor and carry a possible criminal penalty of up to six months imprisonment and a criminal fine up to $15,000, as well as a civil penalty of up to $10,000. In his remarks, the Mayor thanked the bill’s sponsor, Council Speaker Melissa Mark-Viverito.
Photo credit: Mayor’s Office
