Legislature(2019 - 2020)
2019-02-20 House Journal
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Full Journal pdf2019-02-20 House Journal Page 0172 hearings wherever that technology is feasible. Current practice is to require an in-custody defendant to be physically present at all pretrial hearings. Some of these hearings are simple scheduling hearings which only take a few minutes. However, it requires significant resources to transport a defendant from the jail to the courthouse. Each time a prisoner is transported, there is the potential for an escape or for contraband to be brought back into the prison facility. The increased use of videoconferencing will decrease these risks and improve the efficiency of the criminal justice system. Finally, the bill allows a defendant's counsel to agree to continuances of trial. This is helpful in the event that the defendant's counsel needs more time to adequately prepare for trial. If the defendant's counsel is unprepared it can result in the case being overturned on appeal or having the conviction vacated through an ineffective assistance of counsel claim. Both situations delay justice for victims and put the State in a position of having to retry the case because the defendant did not appreciate the importance of allowing for a continuance. The court would still need to make an independent evaluation of whether or not a continuance is appropriate. Continuances are a tactical matter which the defendant's counsel should control. I urge your prompt and favorable action on this measure. Sincerely, /s/ Michael J. Dunleavy Governor" HB 51 HOUSE BILL NO. 51 by the House Rules Committee by request of the Governor, entitled: "An Act relating to probation; relating to a program allowing probationers to earn credits for complying with the conditions of probation; relating to early termination of probation; relating to parole; relating to a program allowing parolees to earn credits for complying with the conditions of parole; relating to early termination of parole; relating to eligibility for discretionary parole; relating to good time; and providing for an effective date."