Relates to determinations of applications for recognizance or bail

Summary of provisions

Section one re-letters paragraph (b) as paragraph (c) of subdivision 2 of section 510.30 of the criminal procedure law and adds a new paragraph (b) This new paragraph requires the court, when the defendant is charged with certain crimes to hold a hearing to determine whether the defendant is too dangerous to be release from custody during the pendency of a criminal case. In any case where the defendant is charge with a felony offense where force is an element of the crime or if the defendant is charge with a violation of a court order or the defendant is charged with felony weapon possession, the court must hold a hearing and consider certain factors in whether any conditions exist for bailor recognizance that will assure the safety of the victim or other persons

Such factors include nature and seriousness of the danger posed to any person that would result by the person's release, the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, employment record and history of mental illness, his reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, his record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve family offense, or violation of a temporary or permanent order issued by any court, whether the person has any history of orders issued against him, whether he is on probation, parole or other release pending completion of sentence for any conviction and whether he is on release pending completion of sentence for any conviction and whether he is on release pending sentence or appeal for any conviction.

If after such hearing the court finds by clear and convincing evidence that there are no conditions of bail or recognizance that would assure the safety of the victim or any other person or witness then the court must remand the defendant.

Section two defines the effective date as the first of November following the date on which it shall become law.

Justification

When a defendant is facing charges for serious felony offenses there is often more danger for the victim, witness or other persons from the defendant than before the crime occurred. Defendants facing long sentences for serious felonies must be evaluated by the court to determine whether they pose a threat to witnesses, any other persons or the victim in the case. Violence during a pending criminal justice intervention is a societal problem of enormous prevalence and impact. New York State should be in the forefront of addressing this problem by passing progressive laws that take into account the unique nature of potential dangerousness of a defendant facing serious felony charges and updating New York's Bail statue to address these dangers.

If judges determining recognizance and bail in serious felony cases involving violence were required to consider well established risk factors to the victim, many victims would be spared additional harm and, in some tragic incidences, their lives.

Effective date

This act shall take effect immediately.