OSWEGO COUNTY – New York State Governor Kathy Hochul this week signed a bill passed by both houses of the state Legislature to allow changes in criminal court processes in Oswego County. The law now permits the electronic appearance of a defendant in connection with a criminal proceeding – with the exception of at a hearing or trial – within the county of Oswego.
New York State Assembly Minority Leader Will Barclay said, “I’m pleased the Governor signed this bill and want to thank Senator Walczyk’s office, the Oswego County Legislature and Sheriff Hilton for their partnership. The benefits of giving county courts the option to conduct virtual proceedings are significant. The flexibility created by this new law will reduce the risks to law enforcement professionals by eliminating the need to transport defendants. For court systems that often face staffing challenges, this new law will help save time, resources and taxpayer dollars.”
Oswego County Legislature Chairman James Weatherup thanked Leader Barclay and the office of Sen. Walczyk for their support of the bill.
“In May, the Oswego County Legislature passed a Home Rule resolution to show its support of the proposed bill, and we’re gratified to learn that the Governor has now signed it into law,” said Chairman Weatherup. “Being able to use video appearances in certain circumstances will not only help improve the efficiency of some of our departments in relation to state and local court processes, but it will also help save taxpayer dollars – always a priority for the Legislature.”
The amendment to section 182.30 of Criminal Procedure Law adds Oswego County to a list of counties in New York State that allow electronic appearances of a defendant when certain pre-requisites are met and the defendant agrees on the record (after consulting with their attorney). Among others, the list includes neighboring Jefferson, Oneida and Onondaga counties.
Oswego County Sheriff Don Hilton said the law will provide a tremendous cost- and time-savings for his office. “The demands of having to produce a defendant in person are high – especially given the size of our county, the various local and superior courts they are required to appear at, and our own ongoing staff shortages,” said Sheriff Hilton. “Allowing incarcerated individuals to appear virtually, when appropriate, will go a long way toward helping reduce the burden on our office and enhancing overall public safety.”
In addition to saving transportation and labor costs, this law may also ease the legal process, offering wide-reaching benefits to courts; criminal defense attorneys and the county public defender’s office; law enforcement and corrections; and the county probation office.
“The savings benefits of utilizing video appearances where possible are many and varied,” said Oswego County District Attorney Anthony J. DiMartino. “They include protecting officers transporting defendants to and from court appearances and improving efficiency for those within the court system, district attorneys and defense attorneys.”
The Oswego County Sheriff and District Attorney are working with local court officials to develop policies and procedures for video appearances in accordance with the now-adopted law.