“It’s about getting extra truthful outcomes with out sacrificing public security,” Mr. Vance stated in an interview this week because the plan was being accomplished. Generally, he stated, “these guys simply don’t must be arrested and processed within the justice system.”
However the plan has but to win the unequivocal help of the police commissioner, James P. O’Neill. On n Friday Mr. O’Neill was working with Mr. Vance’s workplace however had but to succeed in an settlement on how and when to divert fare-evaders from felony courtroom. The police nonetheless want to regulate subway entrances, Mr. O’Neill stated. “We have now to take an actual critical look, if we’re going to make a transfer like that, you realize, what are the implications for public security?” he stated.
Because the district lawyer, nevertheless, Mr. Vance has distinctive leverage: If the Police Division doesn’t embrace the diversion program, Mr. Vance’s prosecutors can merely decline to prosecute any or all the 10,000 fare-evasion instances his workplace handles annually — a step his aides say he’s prepared to take.
The brand new coverage, introduced Friday morning together with two different packages, is the newest in a collection of efforts by prosecutors, the Police Division and Mayor Invoice de Blasio to recalibrate the robust enforcement of petty crimes that the town pioneered within the 1990s. Catching fare-beaters was a cornerstone in that policing technique, began underneath Mayor Rudolph W. Giuliani, together with vanquishing public urination, panhandling, road prostitution and so-called “squeegee individuals” who wiped automotive windshields with soiled rags.
Whereas the trouble was lauded in lots of circles for serving to drive down crime in New York Metropolis, the collateral penalties of such aggressive practices, notably for younger black and Hispanic males, have come beneath pointed criticism, particularly in a time of record-low crime. There’s a rising consensus amongst metropolis’s liberal coverage makers, amongst them Mr. Vance and Mr. de Blasio, that robust enforcement of petty crimes has burdened an entire era of New Yorkers, most of them minorities, with legal data that undermine their job prospects.
The Police Division, within the face of a federal lawsuit, has significantly scaled again its apply of stopping and searching hundreds of individuals in high-crime neighborhoods. Spurred by Ken Thompson’s efforts as Brooklyn district lawyer, the police and prosecutors have greatly reduced the variety of individuals prosecuted for low-level marijuana arrests. And the Metropolis Council handed a regulation final yr creating civil tickets for minor offenses that used to result in legal summonses beneath municipal regulation, like public urination.
The goals of all these measures has been to shrink the variety of individuals dealing with costs in Felony Courtroom, reduce the population on the troubled Rikers Island jail complicated and unencumber assets for extra critical crimes.
Mr. Vance’s determination on fare evasion is particularly notable, given the centrality of mass transit in a metropolis the place tens of millions of individuals journey the subway each day. Some Metropolis Council members and advocates for the poor have complained in current months that fare evasion arrests quantity to the criminalization of poverty, contending many individuals leap turnstiles as a result of they can’t afford the $2.75 fare.
“For too lengthy, prosecution of fare evasion as a criminal offense has disproportionately impacted individuals of colour, slowed down our courts, and even put immigrants susceptible to deportation,” stated Councilman Rory I. Lancman of Queens, the chairman of the Courtroom and Authorized Providers Committee and who has led an effort to subsidize fares. ”Diverting fare evasion instances away from the felony justice system is a brilliant and smart coverage.”
Brooklyn’s appearing district lawyer, Eric Gonzalez, additionally applauded Mr. Vance for locating a method to maintain theft of providers instances out of felony courtroom. “An analogous coverage can be carried out in Brooklyn,” he stated. The Queens District lawyer, Richard A. Brown, stated he would intently monitor Manhattan’s initiative.
But Mr. de Blasio, when requested on Friday about Mr. Vance’s plan, defended the established order. He stated most people being arrested had been stopped earlier than for leaping turnstiles or had an impressive warrant. “You do it a bunch of occasions, you’re asking for greater penalties,” he stated at a information convention about Fourth of July security preparations. The mayor additionally disputed the notion poor individuals had no selection however to leap turnstiles. “There’s no means in hell anybody must be evading the fare,” he stated. “That might create chaos.”
The police presently give three-quarters of the individuals they cease for leaping a turnstile or sneaking in by means of a subway exit gate a civil summons for the offense. But when the individual lacks a legitimate identification or has a historical past of comparable arrests, they’re booked on a “theft of providers” cost, a misdemeanor carrying a most penalty of a yr in jail, police officers stated. .
Final yr, the police arrested about 24,600 individuals for theft of providers and issued about 67,400 civil summons for the offense, sending the latter group of defendants to the Transit Adjudication Bureau to pay a $100 positive.
In Manhattan, 9,629 have been individuals charged with fare evasion in 2016, making it the second commonest misdemeanor, proper behind assault. A 3rd of these defendants pleaded responsible, acquired time-served sentences and have been launched. One other third have been launched and had the fees dismissed after avoiding arrested for six months. About 1,700 got group service. Solely 320 have been sentenced to jail, the overwhelming majority of them for lower than a month. “It’s an unbelievable useful resource drain,” Justine M. Luongo, the lawyer in command of Authorized Help’s Legal Follow, stated.
Mr. Vance’s workplace additionally intends supply an analogous pre-arraignment diversion program to individuals arrested for the primary time on a nonviolent misdemeanor cost, as his workplace has been doing for 16- and 17-year-olds since October. As well as, the workplace will start sending about four,000 individuals charged with misdemeanor drug possession annually into drug remedy packages with out ever stepping foot a courtroom, replicating a program — Heroine Overdose Prevention and Schooling — that has drawn reward in Staten Island.
One New Yorker who stated he accredited of Mr. Vance’s new coverage on fare evasion was Frankie Gonzalez, 54, who lives in a Midtown homeless shelter. Mr. Gonzalez stated he has gotten two tickets for fare beating within the final three months, each on the 6 practice station on Canal Road. The primary time, Mr. Gonzalez stated, he got here off a M.T.A. shuttle bus and simply adopted a crowd by way of an open gate. The second time, Mr. Gonzalez stated he swiped his MetroCard and the cash was deducted however the turnstile didn’t revolve.
“Individuals shouldn’t be locked up simply because they don’t have the revenue,” Mr. Gonzalez stated.