Extreme Risk Protection Orders Double at Orange County, New York, District Attorney’s Office

Orange County Courthouse in Goshen, N.Y., on Sept. 26, 2022. (Cara Ding/The Epoch Times)

The number of extreme risk protection orders handled by the Orange County District Attorney’s Office has doubled to 62 following the expansion of red flag law in New York, according to District Attorney David Hoovler on Nov. 3.

An extreme risk protection order (ERPO) is a court order under state law that prevents a person deemed at risk to himself or others from buying or owning guns.

The law was expanded in June to mandate police officers to file ERPO petitions when they have credible information that an individual is likely to harm himself or others.

Since then, quite a few local police departments have turned to the county district attorney’s office for help, including legal advice in filing applications as well as legal presentations during subsequent court hearings.

Orange County District Attorney David Hoovler. (Courtesy of Orange County District Attorney's Office)

“For the most part, anyone that asks us for help is never turned down. Our goal is that we will assist any law enforcement or any civilian that asks for assistance,” Hoovler told The Epoch Times.

Under the ERPO law, civilians such as school officials and health professionals can also file ERPO petitions.

Most ERPO cases assisted by the office by far had to do with people having mental health issues, suicidal thoughts, or threatening behaviors, he said.

“ERPO serves a purpose as a precautionary measure. It’s an investigative tool,” he said. “However, they do not help us get illegal guns off the street and off the drug dealers and gang members—we cannot conflate ERPOs to that.”

Extra Workload

The increasing ERPO workload has put a strain on his office, Hoovler said.

The investigation and application for a single petition typically takes an entire workday; additional time is required for future court hearings and procedures.

“They are extremely time-consuming from our perspective. It is a big strain,” he said.

The burden on local police departments has also increased.

In ERPO cases, police officers either work by themselves or with help from assistant district attorneys throughout the process.

Police vehicles parked outside the Middletown Police Department in N.Y. on Oct. 13, 2022. (Cara Ding/The Epoch Times)

At Middletown Police Department, ERPO applications have grown exponentially since the new red flag law, according to Lieutenant Jeffry Thoelen.

By Oct. 25, the department had applied for 23 ERPO orders, 9 of which were approved, 11 were denied, 1 was withdrawn by the judge, and 2 were pending.

The Mount Hope Police Department had handled zero ERPO orders before July. Since then, the police have applied for three.

“If the state wanted to do this, they should have at least put some resources towards it, including representing the police at the hearing. I think the state rushed this thing through without understanding the practical effects,” Mount Hope Police Chief Paul Rickard told The Epoch Times on Oct. 25.

‘Unfunded Mandate’

On Oct. 24, Gov. Kathy Hochul announced an additional $4.6 million in the 2023 budget to help state police to handle the increasing ERPO applications.

Since the summer, ERPO orders issued statewide have doubled to 1,908, according to the Governor’s Office.

State police are mandated to file ERPOs whenever there is probable cause that an individual is likely to harm himself or others, according to an executive order issued by Gov. Hochul days after the May 14 Buffalo mass shooting.

But the funding does not help local police departments like his, Rickard said.

“Luckily, in Orange County, the District Attorney said he would help us. But if he doesn’t do it, then we have to pay for an attorney to present us in the hearings,” he added.

Orange County Government in Goshen, N.Y., on Oct. 18, 2022. (Cara Ding/The Epoch Times)

Hoover said it would be nice if there were state funding for local law enforcement agencies to process ERPO cases.

Orange County Executive Steven Neuhaus told The Epoch Times in an Oct. 3 email, “It is another unfunded mandate put forward by Albany, which micromanages too much.”

“Conversely, working with Orange County District Attorney David Hoovler and other County departments, we have increased what we do to assist our local governments. Our hope is that this preventative measure keeps our residents safe,” the email says.

The Epoch Times reached out to Gov. Hochul for comments.