New York’s assessment tool should likewise be clear, reviewable and studied annually so that it similarly guards against racial bias.

As with bail, reforms to New York’s discovery laws were long overdue. We agree with the Legislature that individuals charged with a crime should have access to vital evidence against them to defend themselves.

But we strongly believe that more flexibility is needed in the discovery process. The new law requires the disclosure of every single item of information in every case without regard to the seriousness of the case or the relevance of the information, or whether the case is going to trial, within 15 days.

This mandate has placed insurmountable burdens on the criminal justice system. Our assistant district attorneys now find themselves spending all of their time tracking down tangential information that may never be used in court. This has begun to result in important cases being dismissed because we are unable to produce every single piece of information within the rigid time frame set by the new law. Based on our analysis, no other state in the country requires prosecutors to turn over this volume of information, in so short a time, and none ties discovery deadlines to the prosecution’s declaration that it is ready to proceed, which is required under the state’s speedy-trial rule. This can threaten prosecutions, because the speedy-trial rule sets time limits for when criminal cases must be ready for trial or be dismissed.

We propose several reasonable and sensible adjustments to the law that will meet the important goals of the reform — that no one is forced to take a plea simply to get out of jail, or face a trial or plea decision without the relevant information about the charges. They will also relieve the burden that the new law has placed on our ability to do justice in individual cases.

We propose that shorter disclosure timelines apply to individuals who are jailed before trial. For defendants who are not in jail, we propose longer deadlines for the provision of the information.

Additionally, we propose that the Legislature revisit the items of discovery that the new law requires prosecutors to turn over, prioritizing information to be used at trial and applying a relevance test to other discovery requirements, subject to a judge’s approval when challenged by the defense. Again, looking to other states would be instructive — no other state requires anything close to the amount of discovery New York’s law now does.