NEW YORK – A bill giving the state full responsibility for funding New York's public-defense system passed in the final hours of the New York State legislative session.

It's been more than 50 years since the U.S. Supreme Court ruled that states must provide a lawyer to criminal defendants who can't afford one. But New York turned that responsibility over to the counties, which provided disparate levels of representation.

Susan Gottehrer, chapter coordinator for the New York Civil Liberties Union (NYCLU), said this bill will provide not only a lawyer, but money for investigators and forensics.

"All of the things that the power of the state brings to bear, now guarantee that the defendant will also have access to these kinds of services that are necessary to mount a good case," said Gottehrer.

The bill, A10706, also limits the number of cases a public defender can handle at once.

The legislation was based on the settlement of a lawsuit brought by the NYCLU challenging the public-defense systems in five counties. Gottehrer points out that inadequate legal counsel led one of the plaintiffs in that suit to plead guilty to a felony - that wasn't a felony.

"She lost her job, she lost her nursing license and she lost her home, while she served a jail sentence that it turned out she never needed to serve in the first place," Gottehrer said. "And that sort of thing was going on, and is going on, all over New York State."

That lawsuit was settled in 2014.

Gottehrer explained the bill authorizes the state Office of Indigent Legal Services to establish and enforce standards for effective legal representation, while relieving the counties of the financial burden.

"And they will be able to free up their resources to deliver this in a meaningful way, so that all New Yorkers have equal access to justice, regardless of economic status," she said.

The NYCLU expects Gov. Andrew Cuomo to sign the bill into law. Then, responsibility for funding criminal defense services would be transferred from counties to the state over a period of seven years.



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A package to improve public safety is moving ahead in the California state Legislature - with a floor vote in the State Assembly on the first bill expected this week.

Assembly Bill 2215 puts into statute that police officers have the discretion to send people arrested for low-level offenses directly to supportive services.

Anthony DiMartino - government affairs director with the nonprofit Californians for Safety and Justice - said sometimes public safety is best served when people avoid arrest and instead get therapy, addiction support or help getting a job.

"We're also hoping to raise awareness that this is something officers can do, and then also encourage partnerships more with officers to look at what's in their community," said DiMartino, "as alternatives to jail booking."

A second bill would increase transparency and accountability on money sent to the counties as part of the Public Safety Realignment.

A third bill would require police officers, prosecuting attorneys and investigators to identify themselves any time they're interviewing a family member of someone killed or severely injured by police.

DiMartino said they also support AB 2499, which would ensure that survivors of violent crime and their family members can take unpaid time off work to address safety concerns and heal.

"We're hoping to broaden the scope a bit," said DiMartino, "and make it more clear that family members of victims are able to also tap into unpaid leave to support their family member that has been a victim."

A fifth bill would make it easier for justice-involved people and crime victims to speak freely during restorative justice programs - by making the communications inadmissible in other legal proceedings.

Missouri went through with its first execution of the year, as Brian Dorsey was put to death last night, just after 6 p.m. CT.

The U.S. Supreme Court on Tuesday declined to stop Dorsey's execution. He was convicted of murdering his cousin Sarah Bonnie and her husband Ben nearly 20 years ago.

The advocacy group Missourians to Abolish the Death Penalty launched several recent campaigns on Dorsey's behalf to spare his life.

Jenni Gerhauser, a cousin to both Dorsey and Sarah Bonnie, expressed belief in his redemption.

"Brian is more than the worst moment of his life," Gerhauser stressed. "There is so much more to him."

Gerhauser fondly remembered him as fun and charming from their visits during holidays. Dorsey's current lawyers said he was in a drug-induced psychosis when he killed the Bonnies in 2006 and his attorneys at the time had been offered money, preventing them from fighting the death penalty with his guilty plea deal.

Gov. Mike Parson confirmed Monday the state would move forward with Dorsey's death sentence, rejecting a separate request for clemency. More than 70 current and former corrections officers had urged the governor to commute Dorsey's sentence, arguing he had been rehabilitated.

Claudia Boyce, also a cousin in the family, said it should not be a decision for the state to make.

"You know, that's supposed to be God's decision, not ours," Boyce contended.

Dorsey received a lethal injection Tuesday evening. Lethal injection became an option for people on Missouri's death row in 1987, alongside lethal gas.


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Amid overcrowding and unsafe conditions in West Virginia jails, state lawmakers introduced bills that would allow judges to take a 'second look' at an individual's original sentence.

If a court determines they no longer pose a threat to the community, the person could be released, placed on supervision, or receive a shortened sentence.

Sara Whitaker - criminal legal policy analyst with the West Virginia Center on Budget and Policy - said West Virginia is one of the few states that has seen its prison population balloon over the past decade, despite declining crime.

She noted that as of last month, more than 500 people in the state were in jail awaiting transfer to a prison.

"As a result, eight out of 10 of the regional jails in the state were beyond capacity," said Whitaker, "with hundreds of people assigned to sleeping on the floor."

The bills failed to advance this session, but Whitaker said advocates are hopeful lawmakers will consider them next year.

The state's jails remain among the deadliest in the country, with at least 91 people losing their lives while incarcerated in the past few years.

According to the West Virginia Center on Budget and Policy, jail bills cost counties $45 million in 2022.

Nationwide, long sentences have led to growth in the number of older people behind bars.

Whitaker pointed out that 'Second Look' legislation could help the state avoid turning its prisons into nursing homes, and said the number of elderly people in prison has tripled in the past two decades.

"In 2019, West Virginia had to open a dementia unit in one of its prisons," said Whitaker. "There are hospice units across multiple prisons. And experts predict that this is just only going to get worse."

Whitaker added that 'Second Look' policies also offer a way to correct past racial injustice in the criminal legal system.

Black people incarcerated in West Virginia are four times more likely than white people to be serving a life sentence with the possibility of parole, and five times as likely to be serving a life-without-parole sentence.




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