New York S 430: Establishes the office of pretrial services

Bill Text

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S00430 Summary:

BILL NOS00430 

&nbsp

SAME ASSAME AS A03994

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSRMYRIE, RIVERA, SEPULVEDA

&nbsp

MLTSPNSR

&nbsp

Amd §510.45, CP L; add §837-y, Exec L

&nbsp

Moves from the Office of Court Administration (OCA) to the Division of Criminal Justice Services (DCJS) responsibility for certifying, establishing and implementing standards for pretrial services agencies of the state.

Go to top S00430 Actions:

BILL NOS00430 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00430 Committee&nbspVotes:

Go to topS00430 Floor&nbspVotes:

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

Go to topS00430 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 430

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law and the executive law, in
 relation to establishing an office of pretrial services

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

 1 Section 1. Subdivisions 1, 2, 4 and 5 of section 510.45 of the crimi-
 2 nal procedure law, as added by section 8 of part JJJ of chapter 59 of
 3 the laws of 2019, are amended and three new subdivisions 1-a, 2-a, and
 4 6 are added to read as follows:
 5 1. The office of [court administration] pretrial services shall certi-
 6 fy and [regularly] review for recertification every three years one or
 7 more pretrial services agencies in each county to [monitor principals]
 8 provide services to people released under non-monetary conditions. In
 9 order to be certified by the office, each pretrial services agency shall
 10 demonstrate that such agency has the ability to perform the responsibil-
 11 ities required of pretrial services agencies as described in subdivi-
 12 sion three-a of section 500.10 of this title and meets the minimum stan-
 13 dards established by the office of pretrial services as described in
 14 subdivision two-a of this section. Such office shall maintain a listing
 15 on its public website identifying by county each pretrial services agen-
 16 cy [so] certified in the state, including a phone number and email
 17 contact information for each pretrial services agency.
 18 1-a. If the office determines that it is appropriate to decertify a
 19 pretrial services agency pursuant to paragraph (n) of subdivision two of
 20 section eight hundred thirty-seven-y of the executive law, but no suit-
 21 able alternative agency exists, the office may permit the existing agen-
 22 cy to continue providing services on a probationary basis, and the
 23 office shall identify and impose appropriate remedies and remedial meas-
 24 ures, where appropriate, to bring the agency back in line with minimum

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01640-01-5

 S. 430 2

 1 standards. Remedial measures may include, but shall not be limited to,
 2 additional staff training, expanded supervision both within the agency
 3 and from the office, and increased reporting requirements. If an agency
 4 is placed on probation, the office shall reevaluate the agency every six
 5 months for three consecutive periods. If there are no further infrac-
 6 tions, then the agency shall be removed from their probationary basis.
 7 If infractions are found, the agency shall continue on a probationary
 8 basis until three periods are achieved without infractions.
 9 2. Every such agency shall be [a public entity under the supervision
 10 and control of a county or municipality or] a non-profit entity under
 11 contract to [the county, municipality or] one or more counties, munici-
 12 palities, or the state, or a public entity under the supervision and
 13 control of a county or municipality. [A county or municipality shall be
 14 authorized to enter into a contract with another county or municipality
 15 in the state to monitor principals under non-monetary conditions of
 16 release in its county, but counties,] A pretrial services agency may be
 17 certified to provide services in more than one county. The offic