End Cash Bail Statewide

Section 1. Short title. This act shall be known and may be cited as the "bail elimination act of 2018".

§ 2. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of the criminal procedure law are amended and a new subdivision 3-a is added to read as follows:

1. "Principal" means a defendant in a criminal action or proceeding, or a person adjudged a material witness therein, or any other person so involved therein that [he] the principal may by law be compelled to appear before a court for the purpose of having such court exercise control over [his] the principal's person to secure [his] the principal's future attendance at the action or proceeding when required, and who in fact either is before the court for such purpose or has been before it and been subjected to such control.

2. "Release on own recognizance." A court releases a principal on [his] the principal's own recognizance when, having acquired control over [his] the principal's person, it permits [him] the principal to be at liberty during the pendency of the criminal action or proceeding involved upon condition that [he] the principal will appear thereat whenever [his] the principal's attendance may be required and will at

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08752-02-8

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all times render [himself] the principal amenable to the orders and processes of the court.

3-a. "Release under non-monetary conditions." A court releases a principal under non-monetary conditions when, having acquired control over a person, it permits the person to be at liberty during the pendency of the criminal action under conditions set by the court, which shall be the least restrictive that will reasonably assure the principal's appearance in court. Such conditions may include, among others, that the principal shall be in contact with a pretrial services agency serving principals in that county; that the principal shall abide by specified restrictions on travel that are reasonably related to an actual risk of intentional flight from the jurisdiction; that the principal shall refrain from possessing a firearm, destructive device or other dangerous weapon; that the person be placed in pretrial supervision with a pretrial services agency serving principals in that county.

4. "Commit to the custody of the sheriff." A court commits a principal to the custody of the sheriff when, having acquired control over his person, it orders that he be confined in the custody of the sheriff [during the pendency of the criminal action or proceeding involved] pending the outcome of a hearing as to whether the individual shall be ordered into pretrial detention as specified in article five hundred forty-five of this title.

5. "Securing order" means an order of a court [committing a principal to the custody of the sheriff, or fixing bail, or releasing him on his own recognizance] that either releases a principal on personal recognizance, or releases the principal under non-monetary conditions, all with the direction that the principal return to court for future court appearances and to be at all times amendable to the orders and processes of the court.

6. ["Order of recognizance or bail" means a securing order releasing a principal on his own recognizance or fixing bail] "Pretrial detention." A court may commit a principal to pretrial detention if, after a hearing and making such findings as specified in article five hundred forty-five of this title, a judge so orders detention.

§ 3. Subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of section 500.10 of the criminal procedure law are REPEALED, and subdivision 20 is renumbered subdivision 7.

§ 4. Section 510.10 of the criminal procedure law, as amended by chapter 459 of the laws of 1984, is amended to read as follows: § 510.10 Securing order; when required; alternatives available; stand-

ard to be applied.

1. When a principal, whose future court attendance at a criminal action or proceeding is or may be required, initially comes under the control of a court, such court [must] shall, by a securing order, [either release him on his own recognizance, fix bail or commit him to the custody of the sheriff] release the principal pending trial on the principal's personal recognizance, unless the court finds on the record that release on recognizance will not reasonably assure the individual's court attendance. In such instances, the court will release the individual under non-monetary conditions, selecting the least restrictive alternative that will reasonably assure the principal's court attendance. The court will support its choice of alternative on the record. A principal shall not be required to pay for any part of the cost of release under non-monetary conditions.

2. Notwithstanding the provisions of subdivision one of this section, in cases where the people move for pretrial detention the court may

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commit the defendant to the custody of the sheriff or issue a securing order in accordance with article five hundred forty-five of this title.

3. When a securing order is revoked or otherwise terminated in the course of an uncompleted action or proceeding but the principal's future court attendance still is or may be required and [he] the principal is still under the control of a court, a new securing order must be issued. When the court revokes or otherwise terminates a [securing] any order which committed the principal to the custody of the sheriff, the court shall give written notification to the sheriff of such revocation or termination of [the securing] such order.

§ 5. Section 510.20 of the criminal procedure law is amended to read as follows: § 510.20 Application for [recognizance or bail; making and determi-

nation thereof in general] a change in securing order based

on a material change of circumstances.

1. Upon any occasion when a court [is required to issue] has issued a securing order with respect to a principal, [or at any time when a principal is confined in the custody of the sheriff as a result of a previously issued securing order, he] the principal or the people may make an application for [recognizance or bail] a different securing order due to a material change of circumstances.

2. Upon such application, the principal or the people must be accorded an opportunity to be heard and to contend that [an order of recognizance or bail] a different securing order must or should issue[, that the court should release him on his own recognizance rather than fix bail, and that if bail is fixed it should be in a suggested amount and form] because, due to a material change in circumstances, the current order is either too restrictive or not restrictive enough to reasonably ensure a defendant's appearance in court. The court shall select the least restrictive non-monetary condition or conditions that will reasonably assure the principal's court attendance.

3. Where the people make an application for a different securing order on the basis of a violation of an existing securing order, the court shall consider the nature, willfulness, and seriousness of the violation and shall select the least restrictive non-monetary condition or conditions that will reasonably assure the principal's court attendance.

§ 6. Section 510.30 of the criminal procedure law, subparagraph (v) of paragraph (a) of subdivision 2 as amended by chapter 920 of the laws of 1982, subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered by chapter 447 of the laws of 1977, subparagraph (vii) as added and subparagraphs (viii) and (ix) of paragraph (a) of subdivision 2 as renumbered by section 1 of part D of chapter 491 of the laws of 2012 and subdivision 3 as added by chapter 788 of the laws of 1981, is amended to read as follows: § 510.30 Application for [recognizance or bail] securing order; rules of

law and criteria controlling determination.

[1. Determinations of applications for recognizance or bail are not in all cases discretionary but are subject to rules, prescribed in article five hundred thirty and other provisions of law relating to specific kinds of criminal actions and proceedings, providing (a) that in some circumstances such an application must as a matter of law be granted, (b) that in others it must as a matter of law be denied and the principal committed to or retained in the custody of the sheriff, and (c) that in others the granting or denial thereof is a matter of judicial discretion.

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2. To the extent that the issuance of an order of recognizance or bail and the terms thereof are matters of discretion rather than of law, an application is determined on the basis of the following factors and criteria:

(a)] With respect to any principal, the court must consider the kind and degree of control or restriction that is necessary to secure his court attendance when required. In determining that matter, the court must, on the basis of available information, consider and take into account:

[(i) The principal's character, reputation, habits and mental condition;

(ii) His employment and financial resources; and

(iii) His family ties and the length of his residence if any in the community; and

(iv) His]

1. Information about the principal that is relevant to court appearance, including, but not limited to, the principal's activities, history and community ties;

2. If the principal is a defendant, the charges facing the principal;

3. The principal's criminal record if any; [and

(v) His] 4. The principal's record of previous adjudication as a juvenile delinquent, as retained pursuant to section 354.2 of the family court act, or, of pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any; [and

(vi) His] 5. The principal's previous record if any in responding to court appearances when required or with respect to intentional flight to avoid criminal prosecution; [and

(vii)] 6. Where the principal is charged with a crime or crimes against a member or members of the same family or household as that term is defined in subdivision one of section 530.11 of this title, the following factors:

[(A)] (i) any violation by the principal of an order of protection issued by any court for the protection of a member or members of the same family or household as that term is defined in subdivision one of section 530.11 of this title, whether or not such order of protection is currently in effect; and

[(B)] (ii) the principal's history of use or possession of a firearm; [and

(viii)] 7. If [he] the principal is a defendant, the weight of the evidence against [him] the principal in the pending criminal action and any other factor indicating probability or improbability of conviction; or, in the case of an application for [bail or recognizance] a securing order pending appeal, the merit or lack of merit of the appeal; [and

(ix)] 8. If [he] the principal is a defendant, the sentence which may be or has been imposed upon conviction[.

(b) Where the principal is a defendant-appellant in a pending appeal from a judgment of conviction, the court must also consider the likelihood of ultimate reversal of the judgment. A determination that the appeal is palpably without merit alone justifies, but does not require, a denial of the application, regardless of any determination made with respect to the factors specified in paragraph (a).

3. When bail or recognizance is ordered, the court shall inform the principal, if he is a defendant charged with the commission of a felony, that the release is conditional and that the court may revoke the order of release and commit the principal to the custody of the sheriff in accordance with the provisions of subdivision two of section 530.60 of

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this chapter if he commits a subsequent felony while at liberty upon such order.]; and

9. If the principal is a defendant-appellant in a pending appeal from a judgment of conviction, the court must also consider the likelihood of ultimate reversal of the judgment. A determination that the appeal is palpably without merit alone justifies, but does not require, a denial of the application, regardless of any determination made with respect to the factors specified in this paragraph.

§ 7. Section 510.40 of the criminal procedure law is amended to read as follows: § 510.40 [Application for recognizance or bail; determination thereof,

form of securing order and execution thereof] Notification