NYS lawmakers disagree on fate of criminal justice bills

NYS lawmakers disagree on fate of criminal justice bills

"March 12 (Reuters) - New York state lawmakers are at odds over a pair of criminal justice proposals by Gov. Andrew Cuomo, including a bill that would give judges more flexibility to sentence probationers and a measure that would allow for the confiscation of money or property used in a crime.

The Democrat-dominated Assembly and the Senate, where Republicans hold a one-seat majority, released dueling state budget proposals on Monday. The proposals came two months after Cuomo released his tentative budget to lawmakers.

In its budget, the Assembly approved a bill that would give judges the discretion to mete out shorter sentences for probationers, while rejecting a provision that would allow police to detain alleged probation violators without a warrant for up to 48 hours. The Senate rejected the entire probation proposal.

Lawmakers also disagreed about the fate of a bill that would enable prosecutors during sentencing to seek the forfeiture of money or property used in a crime.

Currently, anyone convicted of a misdemeanor may keep the proceeds of a crime. Prosecutors must commence separate civil forfeiture proceedings against felony offenders.

Under Cuomo's proposal, prosecutors could ask a sentencing court to order the forfeiture of any property related to a crime. Many defense attorneys have opposed the measure, claiming it would ensnare innocent people."