Requires an independent pretrial services agent to make recommendations to the court prior to the issuance of a securing order for a criminal defendant

7 Co-sponsors

• Neil D. Breslin
• Martin Malavé Dilan
• Jesse Hamilton
• Ruth Hassell-Thompson
• Brad Hoylman-Sigal
• Kevin S. Parker
• José Peralta

Title of bill

An act to amend the criminal procedure law, in relation to requiring criminal defendants to be interviewed by a pretrial services agent and providing for the consideration of recommendations of such agent by the court prior to the issuance of securing orders; and establishing a presumption of release on own recognizance

Purpose

To ensure that no individual is incarcerated before trial solely due to a lack of financial resources.

Summary of provisions

Section 1 amends section 500.10 of the criminal procedure law, adding a new subdivision 21 providing a definition for "pretrial services agent"

Section 2 amends the criminal procedure law adding a new article 505 to require that each county hire independent pretrial services agents. Such agents will interview all criminal defendants to determine the suitability of releasing the defendant before trial. The agents will then make a recommendation to the court whether to release the defendant on his or her own recognizance, release the defendant subject to certain specified conditions, or remand the defendant to a county correctional facility.

Section 3 amends section 510.10 of the criminal procedure law to provide that a court may no longer impose bail on a defendant.

Section 4 amends the criminal procedure law, adding a new section 530.05 to provide that a court may only choose to release the defendant on his or her own recognizance, release the defendant subject to certain non-monetary conditions, or to remand the defendant to a correctional facility. It also provides that when a defendant is charged with a violation or misdemeanor, there will be a presumption to release the defendant on his or her own recognizance. Further, judges are required to order the least restrictive situation necessary to secure the defendant's future appearances in court. The court is also required to notify defendants by postcard, phone call, text message, and/or email of upcoming court appearances. Last, when a judge deviates from the recommendation of the pretrial services agent, or remands or places conditions upon the release of a misdemeanor defendant, the judge must state the reasons for doing so on the record.

Justification

One of the central tenets of our criminal justice system is "innocent until proven guilty", yet the current system of bail has allowed the incarceration of thousands of New Yorkers every year without having been convicted of a crime. The current system does nothing but to incarcerate indigent offenders. The purpose of bail is solely to ensure the defendant's future appearance in court. The data is clear: cash bail does not do secure a defendant's appearance better than non-financial conditional release. This bill would correct one of the great injustices of our current criminal justice system, and allow New York to be the national leader in criminal justice reform.

Prior legislative history

New Bill

Fiscal implications

This bill would result in savings to the state as a result of fewer individuals incarcerated in county correctional facilities.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law, with provisions.