New York S 857: Restores judicial discretion relating to bail reform; repealer

Bill Text

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S00857 Summary:

BILL NOS00857 

&nbsp

SAME ASSAME AS A06358

&nbsp

SPONSORGALLIVAN

&nbsp

COSPNSRBORRELLO, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO, WALCZYK, WEBER

&nbsp

MLTSPNSR

&nbsp

Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b),
CP L

&nbsp

Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.

Go to top S00857 Actions:

BILL NOS00857 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00857 Committee&nbspVotes:

Go to topS00857 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00857 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 857

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GALLIVAN, BORRELLO, MATTERA, MURRAY, OBERACKER,
 O'MARA, PALUMBO -- read twice and ordered printed, and when printed to
 be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to bail reform;
 and to repeal certain provisions of such law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 500.10 of the criminal procedure law is amended by
 2 adding a new subdivision 23 to read as follows:
 3 23. "Risk and needs assessment" means a risk and needs assessment
 4 instrument, approved by the chief administrative judge of the unified
 5 court system. Such approved assessment instrument shall be objective,
 6 standardized and developed based on analysis of empirical data and risk
 7 factors relevant to the principal's danger to the community and risk of
 8 failure of a principal to appear. Such approved assessment instrument
 9 shall not be discriminatory based on race, national origin, sex, any
 10 other protected class or socioeconomic status.
 11 § 2. Section 510.10 of the criminal procedure law, as amended by
 12 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening
 13 paragraph as added by, the opening paragraph of subdivision 1, subdivi-
 14 sion 3, and the opening paragraph of subdivision 4, as amended by
 15 section 2 of subpart A of part VV of chapter 56 of the laws of 2023,
 16 subdivision 1 as amended by section 1 of subpart C of part UU of chapter
 17 56 of the laws of 2022, subdivision 4 as amended by section 2 of part UU
 18 of chapter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision
 19 4 as amended and paragraph (u) of subdivision 4 as added by section 2 of
 20 subpart B of part UU of chapter 56 of the laws of 2022, is amended to
 21 read as follows:
 22 § 510.10 Securing order; when required; alternatives available; standard
 23 to be applied.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02583-01-5

 S. 857 2

 1 The imposition of a specific type of securing order is in some cases
 2 required by law and in other cases within the discretion of the court in
 3 accordance with the principles of, and pursuant to its authority granted
 4 under, this title.
 5 1. When a principal, whose future court attendance at a criminal
 6 action or proceeding is or may be required, comes under the control of a
 7 court, such court shall impose a securing order [in accordance with this
 8 title] request of the applicable county pre-trial services agency that a
 9 risk and needs assessment be conducted on the eligible principal and
 10 such court shall take into account the risk and needs assessment, but
 11 such assessment shall not be the sole determinative factor, for the
 12 purpose of determining whether such principal should be released.
 13 Except as otherwise required by law, the court shall [make an ind