Establishes the state commission for the integrity of the criminal justice system and provides for its powers and duties

Summary of specific provisions

The bill provides for a ten member commission. Members of the commission shall serve without salary. Four of the five commission members shall be appointed by the Governor; the fifth member shall be the commissioner of the New York State Division of Criminal Justice Services. The sixth member of the commission shall be appointed by the Attorney General of the State of New York. The Chief Judge of New York's highest court, the Court of Appeals, shall appoint the seventh and eighth members. Finally, the Temporary President of the State Senate and Speaker of the State Assembly shall each appoint one of the commission's ten members.

The commission's mission is to examine instances of wrongful felony convictions in this state, but only in cases where the person has been determined to be innocent of the crime and exonerated. No person may compel a commission investigation as a part of an appeal or court challenge, nor will the commission serve as a court or tribunal that may overturn a conviction. Moreover, the commission will not be required to evaluate a specific number or particular types of cases. The commission may subpoena certain records and conduct hearings, although evidentiary privileges available under law may be invoked in any such proceeding. No judge may be compelled to offer testimony or evidence concerning the mental processes involved in arriving at any decision in the case.

The commission from time to time will issue reports concerning its investigations, including findings of fact and any relevant recommendations. The bill specifically provides that no report of the commission or portion of a report may be offered in evidence in any court proceeding relating to a matter which is the subject of such a report.

Justification

New York's criminal justice system works effectively and generally exceptionally well. Officials efficiently handle hundreds of thousands of felony cases each year. In more than ninety percent of these cases, the offender pleads guilty and admits to the crime.

Recently, however, there have been well publicized examples of persons wrongly convicted of serious criminal charges. For example, in Chicago, Illinois, graduate students in the Northwestern University Department of

Journalism recently documented information that was presented to the courts and resulted in several persons being released from death row based on evidence of innocence. Recent advances in DNA evidence have resulted in the exoneration of dozen of persons throughout the nation who were wrongly convicted. New York's Court of Claims has in recent years awarded substantial monetary judgments to persons whose convictions were overturned and who were determined by the Court of Claims to be innocent of the crimes.

As noted, the commission proposed by this bill will not be empowered to affirm or reverse convictions or order any other action by state or local officials or the courts. No investigation would be authorized in cases where judicial avenues of review remain. But in those few instances where judicial review of the conviction has been completed and the person has been determined to be been wrongfully convicted, the commission will be authorized to study the case. As the commission develops increased expertise, it may make recommendations for changes in the criminal justice system, which may help reduce the possibility of erroneous convictions in the future.

Fiscal implications

The bill costs relatively little. Members of the commission serve without salary, although members will be entitled to receive actual and necessary expenses incurred in carrying out their duties. Further, the commission is authorized to receive, without cost, assistance, information, data and records from existing departments, divisions, commissions and agencies of the state and from the courts.

Legislative history

None.

Effective date

The bill takes effect ninety day after it is signed into law, with provisions.