{"id":52,"date":"2022-09-14T09:00:00","date_gmt":"2022-09-14T09:00:00","guid":{"rendered":"https:\/\/council.nyc.gov\/tiffany-caban\/?p=52"},"modified":"2022-10-31T18:56:30","modified_gmt":"2022-10-31T18:56:30","slug":"council-member-tiffany-caban-introduces-bill-to-track-property-seized-by-nypd-and-das-resolution-in-support-of-prompt-stability-act","status":"publish","type":"post","link":"https:\/\/council.nyc.gov\/tiffany-caban\/2022\/09\/14\/council-member-tiffany-caban-introduces-bill-to-track-property-seized-by-nypd-and-das-resolution-in-support-of-prompt-stability-act\/","title":{"rendered":"Council Member Tiffany Cab\u00e1n Introduces Bill to Track Property Seized by NYPD and DAs, Resolution in Support of PromPT Stability Act"},"content":{"rendered":"

At today\u2019s Stated Meeting of the New York City Council, Council Member Tiffany Cab\u00e1n introduced Int 0657-2022<\/a>, a bill designed to track the property seized by District Attorneys. Joining Cab\u00e1n as sponsors of the bill were Council Members Althea Stevens, Jennifer Guti\u00e9rrez, and Shahana Hanif.<\/p>\n

\u201cDistrict Attorneys seize money and property left and right,\u201d said Council Member Tiffany Cab\u00e1n<\/strong>. \u201cNo due process is afforded those whose assets are being seized. They do not get their property back, even if the case is dismissed. They might not even be the target of a search warrant or investigation, but their property is liable to be seized just because they live there. Transparency and accountability are sorely needed. During budget hearings, DAs come and tell us that they haven\u2019t got the funds necessary to implement vital criminal legal reforms, and plead for ever more money from us on the Council. We can\u2019t assess the merits of these claims and pleas if we don\u2019t know the status of the potentially hundreds of millions of dollars of seized assets they\u2019re sitting on. If DAs want more money from us come budget time, they\u2019re at least going to have to be open and transparent about what they\u2019re doing with these funds.\u201d<\/p>\n

Close Rosies<\/strong> issued the following statement: “New York State prosecutors are required to return property turned over willingly or confiscated: but District Attorneys do not always return property after charges have been dropped as was the case of one of our Close Rosie’s members. Even when the property was finally returned the DAs office pretended they had not forensically evaluated it when evidence of device extraction software was found. Reporting on property seizures, auctions and device extractions is an initial step towards reigning-in decades old bad practices and impugn our ability to succeed in civil right actions.\u201d<\/p>\n

\u201cFar too often, the NYPD has seized and held property without so much as a document noting what they took. This practice is regularly abused and often leaves those targeted by the police with less than they had before their interactions with the NYPD. This must be stopped,\u201d said Council Member Shahana Hanif<\/strong>. \u201cI\u2019m glad to be signing on to Council Member Cab\u00e1n\u2019s bill to mandate reporting on seized property by each district attorney. This legislation will provide a real paper trail and make it possible for thousands of people to reclaim what is rightfully theirs.\u201d<\/p>\n

Additionally, Council Member Cab\u00e1n  introduced Res 0309-2022<\/a>, a resolution in support of S.2832B, introduced by NYS Senator Jessica Ramos, and A.4558B, introduced by Assembly Member Dan Quart \u2013 the Promoting Pre-Trial (PromPT) Stability Act. Joining Cab\u00e1n as sponsors of the bill were Council Members Alexa Avil\u00e9s, Jennifer Guti\u00e9rrez, and Shahana Hanif.<\/p>\n

\u201cLearn the name Shamika Crawford,\u201d said Council Member Tiffany Cab\u00e1n<\/strong>. \u201cIn 2019, she was arrested based on a vaguely-worded misdemeanor assault complaint filed by her sometime boyfriend. Judges issued a pretrial stay-away order, separating her from her children, forcing her out of her own NYCHA apartment, and rendering her homeless for nearly three months. Ms. Crawford is far from alone. From my time as a public defender, I know full well that the NYPD will frequently arrest both people involved in a domestic dispute, and whoever gets in front of a judge first is granted the order of protection and allowed to go home, while the other is shut out. Unsurprisingly, even though rates of domestic violence are similar across socioeconomic status and ethnicity, it is poor and working class Black and brown New Yorkers who tend to come before the court. Let\u2019s honor Shamika Crawford and so many more like her, and pass this resolution in support of the Promoting Pre-Trial (PromPT) Stability Act.\u201d<\/p>\n

“Every day in Bronx Criminal Court, people are made homeless and separated from their families by orders of protection that are rubberstamped without any real process,” said Julia Solomons, Senior Policy Social Worker at The Bronx Defenders<\/strong>. “Since the 1st Department decision in Crawford v. Ally was issued last spring, we are finally seeing some progress on this issue but the only way to ensure true due process and minimize the harmful consequences of wrongful orders of protection is to pass legislation codifying the right to a hearing. We are grateful to CM Caban for introducing this resolution, and urge the City Council to immediately vote on and pass it.”<\/p>\n

\u201cTemporary orders of protection disenfranchise the most marginalized New Yorkers by making housing, employment, and education even more difficult to obtain while they await their day in court. These orders have immense consequences for young people, families, LGBTQ+ people, criminalized survivors of violence, noncitizens, and people experiencing housing instability. Albany must safeguard against arbitrary orders and ensure that legally innocent people maintain their liberty, housing, and public benefits by passing the PromPT Stability Act without delay,\u201d said Jared Trujillo, Policy Counsel at the New York Civil Liberties Union<\/strong>.<\/p>\n

\u201cIn our flawed criminal justice system, far too often do we see tools of protection weaponized against the most vulnerable. While Temporary Orders of Protection are needed in certain situations, their overuse and lack of due process protections has hurt far too many and requires reform,\u201d said Council Member Shahana Hanif<\/strong>. \u201cI\u2019m proud to sign on to Council Member Cab\u00e1n\u2019s resolution to call on our state to pass the Prompt Stability Act to make the necessary changes to our pre-trial system to ensure everyone can remain safe throughout difficult court proceedings. Our state legislature and governor must act to pass this legislation before more people end up homeless, jobless, or hurt.\u201d<\/p>\n

\u201cAutomatic, full criminal court orders of protection have devastating impacts on many New Yorkers – including homelessness and family separation. Courts must consider the unique needs of individual cases and craft individualized solutions that promote true safety for families,\u201d said Yung-Mi Lee, Legal Director of the Criminal Practice at Brooklyn Defender Services<\/strong>. \u201cBrooklyn Defender Services commends the New York City Council and Council Member Tiffany Caban for championing the Promote Pre-Trial (PromPT) Stability Act to strengthen New Yorkers\u2019 due-process rights. We join the Council in calling on the New York State legislature to pass and the Governor to sign the PromPT Stability Act into law.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

At today\u2019s Stated Meeting of the New York City Council, Council Member Tiffany Cab\u00e1n introduced Int 0657-2022<\/a>, a bill designed to track the property seized by District Attorneys. Joining Cab\u00e1n as sponsors of the bill were Council Members Althea Stevens, Jennifer Guti\u00e9rrez, and Shahana Hanif.<\/p>\n

\u201cDistrict Attorneys seize money and property left and right,\u201d said Council Member Tiffany Cab\u00e1n<\/strong>.<\/p>\n

…<\/p>\n

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