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
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6933
SPONSOR: Tannousis TITLE OF BILL:
An act to amend the criminal procedure law, in relation to bail reform;
and to repeal certain provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
This bill provides courts with the authority and tools necessary to
render securing orders, when an individual charged with a crime(s)
continues to pose a danger to the community and/or a risk of flight to
avoid prosecution. This bill requires that a risk and needs assessment
be utilized to assist the court in making such determinations.
SUMMARY OF PROVISIONS:
Sections one through eleven amend pertinent sections of the criminal
procedure law to effectuate the intent of this legislation.
Section 12 establishes the effective date.
JUSTIFICATION:
The criminal justice changes codified in statute as part of the State
Fiscal Year 2019-20 enacted budget, which eliminated cash bail and
pretrial detention for most criminal offenses beginning on January 1,
2020, has proven to be a detriment to communities across New York State.
To date, thousands of individuals charged with serious crimes have been
released; a significant number have reoffended and victimized members of
communities throughout the State. This rise of danger to our communities
neglects government's' fundamental responsibility to protect its citi-
zens.
Moreover, these changes have hindered the ability of the judiciary to
render individualized securing order decisions except in very limited
circumstances.
This legislation ameliorates the existing statute by restoring the
discretion of the courts and requiring that a risk and needs assessment
be utilized as part of the decision making process.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
