What's happening
This bill allows courts to set bail or jail sex offenders pending trial, rather than requiring their release.
Why it matters
Targets registered sex offenders. This bill specifically allows courts to set bail or detain individuals who have been officially designated as sex offenders under New York law, distinguishing them from other defendants who are generally released pending trial.
Judicial discretion and risk management. By empowering judges to deny automatic release for sex offenders, the bill addresses concerns about public safety and perceived flight risk, giving courts more flexibility in handling cases involving individuals with a history of sexual offenses.
Potential impact on pretrial detention rates. This change could lead to more sex offenders being held in jail before their trials, affecting not only those accused but also jail populations and the resources required to detain them.
Reflects public safety and victim advocacy priorities. The amendment signals a legislative focus on the unique risks associated with sex offenders, aligning legal procedures with calls for stricter handling of those accused or convicted of sex crimes, and possibly responding to community or advocacy group concerns.
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Headline styles
Allow Bail for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Bail for Sex Offenders
In Assembly Committee · Codes · Sponsor Colin Schmitt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8233
IN SENATE
April 27, 2020
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to offenses for which a court may fix bail or commit a principal to custody of the sheriff
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 3 of section 510.10 of the criminal procedure law, subdivision 1 as amended and subdivision 3 as added by section 2 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
1. When a principal, whose future court attendance at a criminal action or proceeding is or may be required, comes under the control of a court, such court shall, in accordance with this title, by a securing order release the principal on the principal's own recognizance, release the principal under non-monetary conditions, or, where authorized, fix bail or commit the principal to the custody of the sheriff. In all such cases, except where another type of securing order is shown to be required by law, the court shall release the principal pending trial on the principal's own recognizance, unless it is demonstrated and the court makes an individualized determination that: (a) the principal poses a risk of flight to avoid prosecution; or (b) that the principal has been designated a sex offender under article six-C of the correction law. If such a finding is made, the court must select the least restrictive alternative and condition or conditions that will reasonably assure the principal's return to court. The court shall explain its choice of release, release with conditions, bail or remand on the record or in writing.
3. In cases other than as described in subdivision four of this section the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that: (a) release on the principal's own recognizance will not reasonably assure the principal's return to court; or (b) that the principal has been designated a sex offender under article six-C of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16096-01-0
S. 8233 2
correction law. In such instances, the court shall release the principal under non-monetary conditions, selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court; provided, however, where the principal has been designated a sex offender under article six-C of the correction law, the court may in its discretion fix bail or commit the principal to the custody of the sheriff. The court shall explain its [choice of alternative] determination and conditions on the record or in writing.
§ 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal procedure law, as added by section 16 of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
(a) In cases other than as described in paragraph (b) of this subdivision the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that: (a) release on the principal's own recognizance will not reasonably assure the principal's return to court; or (b) that the principal has been designated a sex offender under article six-C of the correction law. In such instances, the court shall release the principal under non-monetary conditions, selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court; provided, however, where the principal has been designated a sex offender under article six-C of the correction law, the court may in its discretion fix bail or commit the principal to the custody of the sheriff. The court shall explain its [choice of alternative] determination and conditions on the record or in writing.
§ 3. Subdivision 3 of section 530.40 of the criminal procedure law, as amended by section 18 of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
3. In cases other than as described in subdivision four of this section the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that: (a) release on the principal's own recognizance will not reasonably assure the principal's return to court; or (b) that the principal has been designated a sex offender under article six-C of the correction law. In such instances, the court shall release the principal under non-monetary conditions, selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court; however, where the principal has been designated a sex offender under article six-C of the correction law, the court may in its discretion fix bail or commit the principal to the custody of the sheriff. The court shall explain its [choice of alternative] determination and conditions on the record or in writing.
§ 4. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to offenses for which a court may fix bail or commit a principal to custody of the sher- iff
Purpose or general idea of bill
The purpose of this bill is to allow courts to fix bail or commit a principal to custody of the sheriff on offenses committed by sex offen- ders.
Summary of provisions
Section 1 of the bill amends the law to add that under control of the court for future offenses or pending trial, if the principal has been designated a sex offender under article six-6 of the correction law, the court has the discretion to fix bail or commit the principal to custody of the sheriff.
Section 2 of the bill adds that under all other circumstances, if the principal has been designated a sex offender under article six-6 of the correction law, the court has the discretion to fix bail or commit the principal to custody of the sheriff.
Section 3 states that the court shall explain its determination in writ- ing.
Section 3 states that this act shall take on the thirtieth day after it shall have become a law.
Justification
This act is in response to the bail reform that passed and has allowed sexual predators to be freely released into our communities after committing crimes. In the best interest of the safety of New York resi- dents, this bill aims to give discretion back to the judicial system when an individual commits a crime and was previously designated as a sex offender. Sex offenders should not just to be automatic releases back into our communities. Our judges should be able to make the deter- mination if this individual should be released or held on bail.
Prior legislative history
New bill.
Fiscal implications
None
Effective date
This act shall take on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.