STATE OF NEW YORK ________________________________________________________________________ 5973 2023-2024 Regular Sessions IN SENATE March 24, 2023 ___________ Introduced by Sen. ASHBY -- 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 eliminating bail; to amend the executive law, in relation to establishing a commission on public safety reform; and to repeal certain provisions of the criminal procedure law and the lien law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2 and 3 of section 140.20 of the criminal 2 procedure law, as amended by chapter 550 of the laws of 1987, are 3 amended to read as follows: 4 2. If the arrest is for an offense other than a class A, B, C or D 5 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 6 or 215.56 of the penal law, the arrested person need not be brought 7 before a local criminal court as provided in subdivision one, and [~~the~~ 8 ~~procedure may instead be as follows:~~ 9 ~~(a) A~~] instead a police officer may issue and serve an appearance 10 ticket upon the arrested person and release him from custody, as 11 prescribed in subdivision two of section 150.20[~~; or~~ 12 ~~(b) The desk officer in charge at a police station, county jail or~~ 13 ~~police headquarters, or any of his superior officers, may, in such place~~ 14 ~~fix pre-arraignment bail and, upon deposit thereof, issue and serve an~~ 15 ~~appearance ticket upon the arrested person and release him from custody,~~ 16 ~~as prescribed in section 150.30~~] of this title. 17 3. If (a) the arrest is for an offense other than a class A, B, C or D 18 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 19 or 215.56 of the penal law, and (b) owing to unavailability of a local 20 criminal court the arresting police officer is unable to bring the 21 arrested person before such a court with reasonable promptness, either 22 an appearance ticket must be served unconditionally upon the arrested 23 person [~~or pre-arraignment bail must be fixed, as prescribed in subdivi-~~ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10397-01-3

S. 5973 2 1 ~~sion two. If pre-arraignment bail is fixed but not posted, such arrested~~ 2 ~~person may be temporarily held in custody but must be brought before a~~ 3 ~~local criminal court without unnecessary delay~~]. Nothing contained in 4 this subdivision requires a police officer to serve an appearance ticket 5 upon an arrested person or release him from custody at a time when such 6 person appears to be under the influence of alcohol, narcotics or other 7 drug to the degree that he may endanger himself or other persons. 8 § 2. Subdivision 3 of section 140.40 of the criminal procedure law, as 9 amended by chapter 550 of the laws of 1987, is amended to read as 10 follows: 11 3. If the arrest is for an offense other than a class A, B, C or D 12 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 13 or 215.56 of the penal law, the arrested person need not be brought 14 before a local criminal court, as provided in subdivision one, and [~~the~~ 15 ~~procedure may instead be as follows:~~ 16 ~~(a) An~~] instead an appropriate police officer may issue and serve an 17 appearance ticket upon the arrested person and release him from custody, 18 as prescribed in subdivision two of section 150.20[~~; or~~ 19 ~~(b) The desk officer in charge at the appropriate police officer's~~ 20 ~~station, county jail or police headquarters, or any of his superior~~ 21 ~~officers, may, in such place, fix pre-arraignment bail and, upon deposit~~ 22 ~~thereof, issue and serve an appearance ticket upon the arrested person~~ 23 ~~and release him from custody, as prescribed in section 150.30~~] of this 24 title. 25 § 3. The section heading and subdivision 7 of section 170.10 of the 26 criminal procedure law are amended to read as follows: 27 Arraignment upon information, simplified traffic information, 28 prosecutor's information or misdemeanor complaint; defendant's presence, 29 defendant's rights, court's instructions and [~~bail~~] securing order 30 matters. 31 7. Upon the arraignment, the court, unless it intends to make a final 32 disposition of the action immediately thereafter, must, as provided in 33 subdivision one of section 530.20 of this chapter, issue a securing 34 order either releasing the defendant on his or her own recognizance [or 35 ~~fixing bail~~], under non-monetary conditions, or, where authorized, 36 committing the defendant to the custody of the sheriff for his or her 37 future appearance in the action; except that where a defendant appears 38 by counsel pursuant to paragraph (b) of subdivision one of this section, 39 the court must release the defendant on his or her own recognizance. 40 § 4. Paragraph (a) and the opening paragraph and subparagraph (xi) of 41 paragraph (b) of subdivision 1 of section 150.20 of the criminal proce- 42 dure law, paragraph (a) as amended and the opening paragraph of para- 43 graph (b) as added by section 1-a of part JJJ of chapter 59 of the laws 44 of 2019, subparagraph (xi) of paragraph (b) of subdivision 1 as added by 45 section 1 of subpart B of part UU of chapter 56 of the laws of 2022, are 46 amended to read as follows: 47 (a) Whenever a police officer is authorized pursuant to section 140.10 48 of this title to arrest a person without a warrant for an offense other 49 than a class A, B, C or D felony or a violation of section 130.25, 50 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [~~shall,~~ 51 ~~except as set out in paragraph (b) of this subdivision~~] or she may, 52 subject to the provisions of subdivisions three and four of section 53 150.40 of this title, instead issue to and serve upon such person an 54 appearance ticket. 55 An officer is not [~~required~~] authorized to issue an appearance ticket 56 if:

S. 5973 3 1 (xi) the offense is a qualifying offense pursuant to paragraph [~~(t)~~] 2 (k) of subdivision four of section 510.10 of this chapter, or pursuant 3 to paragraph [~~(t)~~] (k) of subdivision four of section 530.40 of this 4 chapter. 5 § 5. Subdivision 2 of section 170.25 of the criminal procedure law is 6 amended to read as follows: 7 2. Such order stays the proceedings in the local criminal court pend- 8 ing submission of the charge to the grand jury. Upon the subsequent 9 filing of an indictment in the superior court, the proceedings in the 10 local criminal court terminate and the defendant must be required to 11 appear for arraignment upon the indictment in the manner prescribed in 12 subdivisions one and two of section 210.10 of this part. Upon the subse- 13 quent filing of a grand jury dismissal of the charge, the proceedings in 14 the local criminal court terminate and the superior court must, if the 15 defendant is not at liberty on his or her own recognizance, discharge 16 him or her from custody [~~or exonerate his bail, as the case may be~~]. 17 § 6. Subdivision 3 of section 170.50 of the criminal procedure law is 18 amended to read as follows: 19 3. Upon dismissing a prosecutor's information or a count thereof 20 pursuant to this section, the court may, upon application of the people, 21 in its discretion authorize the people to resubmit the charge or charges 22 to the same or another grand jury. In the absence of such authorization, 23 such charge or charges may not be resubmitted to a grand jury. The rules 24 prescribed in subdivisions eight and nine of section 210.45 of this part 25 concerning the discharge of a defendant from custody [~~or exoneration of~~ 26 ~~bail~~] in the absence of an authorization to resubmit an indictment to a 27 grand jury, and concerning the issuance of a securing order and the 28 effective period thereof where such an authorization is issued, apply 29 equally where a prosecutor's information is dismissed pursuant to this 30 section. 31 § 7. Subdivision 2 of section 210.10 of the criminal procedure law, as 32 amended by chapter 681 of the laws of 1990, is amended to read as 33 follows: 34 2. If a felony complaint against the defendant was pending in a local 35 criminal court or if the defendant was previously held by a local crimi- 36 nal court for the action of the grand jury, and if the defendant is at 37 liberty on his or her own recognizance or [~~on bail~~] under non-monetary 38 conditions pursuant to a previous court order issued in the same crimi- 39 nal action, the superior court must, upon at least two days notice to 40 the defendant [~~and his or her surety, to any person other than the~~ 41 ~~defendant who posted cash bail~~] and to any attorney who would be enti- 42 tled to notice under circumstances prescribed in subdivision one of this 43 section, direct the defendant to appear before the superior court for 44 arraignment on a specified date. If the defendant fails to appear on 45 such date, the court may issue a bench warrant [~~and, in addition, may~~ 46 ~~forfeit the bail, if any~~]. Upon taking the defendant into custody pursu- 47 ant to such bench warrant, the executing police officer must without 48 unnecessary delay bring the defendant before such superior court for 49 arraignment. If such superior court is not available, the executing 50 police officer may bring the defendant to the local correctional facili- 51 ty of the county in which such superior court sits, to be detained there 52 until not later than the commencement of the next session of such court 53 occurring on the next business day. 54 § 8. The section heading and subdivision 6 of section 210.15 of the 55 criminal procedure law are amended to read as follows:

S. 5973 4 1 Arraignment upon indictment; defendant's rights, court's instructions 2 and [~~bail~~] securing order matters. 3 6. Upon the arraignment, the court, unless it intends to make a final 4 disposition of the action immediately thereafter, must, as provided in 5 section 530.40 of this chapter, issue a securing order, releasing the 6 defendant on his or her own recognizance or [~~fixing bail~~] under non-mon- 7 etary conditions or committing him or her to the custody of the sheriff 8 for his or her future appearance in such action. 9 § 9. Subdivisions 8 and 9 of section 210.45 of the criminal procedure 10 law are amended to read as follows: 11 8. When the court dismisses the entire indictment without authorizing 12 resubmission of the charge or charges to a grand jury, it must order 13 that the defendant be discharged from custody if he or she is in the 14 custody of the sheriff[~~, or if he is at liberty on bail it must exoner-~~ 15 ~~ate the bail~~]. 16 9. When the court dismisses the entire indictment but authorizes 17 resubmission of the charge or charges to a grand jury, such authori- 18 zation is, for purposes of this subdivision, deemed to constitute an 19 order holding the defendant for the action of a grand jury with respect 20 to such charge or charges. Such order must be accompanied by a securing 21 order either releasing the defendant on his or her own recognizance or 22 [~~fixing bail~~] under non-monetary conditions or committing him or her to 23 the custody of the sheriff pending resubmission of the case to the grand 24 jury and the grand jury's disposition thereof. Such securing order 25 remains in effect until the first to occur of any of the following: 26 (a) A statement to the court by the people that they do not intend to 27 resubmit the case to a grand jury; 28 (b) Arraignment of the defendant upon an indictment or prosecutor's 29 information filed as a result of resubmission of the case to a grand 30 jury. Upon such arraignment, the arraigning court must issue a new 31 securing order; 32 (c) The filing with the court of a grand jury dismissal of the case 33 following resubmission thereof; 34 (d) The expiration of a period of forty-five days from the date of 35 issuance of the order; provided that such period may, for good cause 36 shown, be extended by the court to a designated subsequent date if such 37 be necessary to accord the people reasonable opportunity to resubmit the 38 case to a grand jury. 39 Upon the termination of the effectiveness of the securing order pursu- 40 ant to paragraph (a), (c) or (d) of this subdivision, the court must 41 immediately order that the defendant be discharged from custody if he or 42 she is in the custody of the sheriff[~~, or if he is at liberty on bail it~~ 43 ~~must exonerate the bail~~]. Although expiration of the period of time 44 specified in paragraph (d) without any resubmission or grand jury dispo- 45 sition of the case terminates the effectiveness of the securing order, 46 it does not terminate the effectiveness of the order authorizing resub- 47 mission. 48 § 10. Subdivision 6 and paragraph (c) of subdivision 9 of section 49 216.05 of the criminal procedure law, as amended by chapter 435 of the 50 laws of 2021, are amended to read as follows: 51 6. Upon an eligible defendant's agreement to abide by the conditions 52 set by the court, the court shall issue a securing order providing for 53 [~~bail or~~] release on the defendant's own recognizance and conditioning 54 any release upon the agreed upon conditions. The period of alcohol or 55 substance use treatment shall begin as specified by the court and as 56 soon as practicable after the defendant's release, taking into account

S. 5973 5 1 the availability of treatment, so as to facilitate early intervention 2 with respect to the defendant's substance use or condition and the 3 effectiveness of the treatment program. In the event that a treatment 4 program is not immediately available or becomes unavailable during the 5 course of the defendant's participation in the judicial diversion 6 program, the court may release the defendant pursuant to the securing 7 order. 8 (c) If the court determines that the defendant has violated a condi- 9 tion of his or her release under the judicial diversion program, the 10 court may modify the conditions thereof, reconsider the order of recog- 11 nizance [~~or bail~~] pursuant to subdivision two of section 510.30 of this 12 chapter, or terminate the defendant's participation in the judicial 13 diversion program; and when applicable proceed with the defendant's 14 sentencing in accordance with the agreement. Notwithstanding any 15 provision of law to the contrary, the court may impose any sentence 16 authorized for the crime of conviction in accordance with the plea 17 agreement, or any lesser sentence authorized to be imposed on a felony 18 drug offender pursuant to paragraph (b) or (c) of subdivision two of 19 section 70.70 of the penal law taking into account the length of time 20 the defendant spent in residential treatment and how best to continue 21 treatment while the defendant is serving that sentence. In determining 22 what action to take for a violation of a release condition, the court 23 shall consider all relevant circumstances, including the views of the 24 prosecutor, the defense and the alcohol or substance use treatment 25 provider, and the extent to which persons who ultimately successfully 26 complete a drug treatment regimen sometimes relapse by not abstaining 27 from alcohol or substance use or by failing to comply fully with all 28 requirements imposed by a treatment program. The court shall also 29 consider using a system of graduated and appropriate responses or sanc- 30 tions designed to address such inappropriate behaviors, protect public 31 safety and facilitate, where possible, successful completion of the 32 alcohol or substance use treatment program. 33 § 11. Subdivision 4 of section 290.10 of the criminal procedure law is 34 amended to read as follows: 35 4. Upon issuing a trial order of dismissal which dismisses the entire 36 indictment, the court must immediately discharge the defendant from 37 custody if he is in custody of the sheriff[~~, or, if he is at liberty on~~ 38 ~~bail, it must exonerate the bail~~]. 39 § 12. Subdivision 1 of section 330.10 of the criminal procedure law is 40 amended to read as follows: 41 1. Upon a verdict of complete acquittal, the court must immediately 42 discharge the defendant if he is in the custody of the sheriff[~~, or, if~~ 43 ~~he is at liberty on bail, it must exonerate the bail~~]. 44 § 13. Section 410.60 of the criminal procedure law, as amended by 45 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 46 read as follows: 47 § 410.60 Appearance before court. 48 A person who has been taken into custody pursuant to section 410.40 or 49 section 410.50 of this article for violation of a condition of a 50 sentence of probation or a sentence of conditional discharge must forth- 51 with be brought before the court that imposed the sentence. Where a 52 violation of probation petition and report has been filed and the person 53 has not been taken into custody nor has a warrant been issued, an 54 initial court appearance shall occur within ten business days of the 55 court's issuance of a notice to appear. If the court has reasonable 56 cause to believe that such person has violated a condition of the

S. 5973 6 1 sentence, it may commit such person to the custody of the sheriff, [~~fix~~ 2 ~~bail,~~] release such person under non-monetary conditions or release such 3 person on such person's own recognizance for future appearance at a 4 hearing to be held in accordance with section 410.70 of this article. If 5 the court does not have reasonable cause to believe that such person has 6 violated a condition of the sentence, it must direct that such person be 7 released. 8 § 14. Subdivision 1 of section 410.70 of the criminal procedure law, 9 as amended by chapter 17 of the laws of 2014, is amended to read as 10 follows: 11 1. In general. The court may not revoke a sentence of probation or a 12 sentence of conditional discharge, or extend a period of probation, 13 unless (a) the court has found that the defendant has violated a condi- 14 tion of the sentence and (b) the defendant has had an opportunity to be 15 heard pursuant to this section. The defendant is entitled to a hearing 16 in accordance with this section promptly after the court has filed a 17 declaration of delinquency or has committed him [~~or has fixed bail~~] 18 pursuant to this article. 19 § 15. Paragraph (e) of subdivision 1 of section 420.10 of the criminal 20 procedure law is REPEALED. 21 § 16. Subdivisions 1 and 6 of section 460.50 of the criminal procedure 22 law, subdivision 1 as amended by chapter 884 of the laws of 1971, subdi- 23 vision 6 as added by chapter 168 of the laws of 1981, are amended to 24 read as follows: 25 1. Upon application of a defendant who has taken an appeal to an 26 intermediate appellate court from a judgment or from a sentence of a 27 criminal court, a judge designated in subdivision two of this section 28 may issue an order both (a) staying or suspending the execution of the 29 judgment pending the determination of the appeal, and (b) [~~either~~] 30 releasing the defendant on his or her own recognizance or [~~fixing bail~~] 31 under non-monetary conditions pursuant to the provisions of article five 32 hundred thirty of this chapter. That phase of the order staying or 33 suspending execution of the judgment does not become effective unless 34 and until the defendant is released[~~, either on his own recognizance or~~ 35 ~~upon the posting of bail~~]. 36 6. Upon application of a defendant who has been granted a certificate 37 granting leave to appeal pursuant to section 460.15 of this chapter, and 38 in accordance with the procedures set forth in subdivisions three, four 39 and five of this section, the intermediate appellate court may issue an 40 order both (a) staying or suspending the execution of the judgment pend- 41 ing the determination of the appeal, and (b) [~~either~~] releasing the 42 defendant on his or her own recognizance or [~~fixing bail~~] under non-mon- 43 etary conditions pursuant to the provisions of article five hundred 44 thirty of this chapter. That phase of the order staying or suspending 45 execution of the judgment does not become effective unless and until the 46 defendant is released[~~, either on his own recognizance or upon the post-~~ 47 ~~ing of bail~~]. 48 § 17. Subdivision 1 of section 460.60 of the criminal procedure law, 49 as amended by chapter 168 of the laws of 1981, is amended to read as 50 follows: 51 1. (a) A judge who, pursuant to section 460.20 of this [~~chapter~~] arti- 52 cle, has received an application for a certificate granting a defendant 53 leave to appeal to the court of appeals from an order of an intermediate 54 appellate court affirming or modifying a judgment including a sentence 55 of imprisonment, a sentence of imprisonment, or an order appealed pursu- 56 ant to section 450.15 of this [~~chapter~~] title, of a criminal court, may,

S. 5973 7 1 upon application of such defendant-appellant issue an order both (i) 2 staying or suspending the execution of the judgment pending the determi- 3 nation of the application for leave to appeal, and, if that application 4 is granted, staying or suspending the execution of the judgment pending 5 the determination of the appeal, and (ii) either releasing the defend- 6 ant on his or her own recognizance or [~~continuing bail as previously~~ 7 ~~determined or fixing bail~~] under non-monetary conditions pursuant to the 8 provisions of article five hundred thirty of this chapter. Such an order 9 is effective immediately and that phase of the order staying or 10 suspending execution of the judgment does not become effective unless 11 and until the defendant is released[~~, either on his own recognizance or~~ 12 ~~upon the posting of bail~~]. 13 (b) If the application for leave to appeal is denied, the stay or 14 suspension pending the application automatically terminates upon the 15 signing of the certificate denying leave. Upon such termination, the 16 certificate denying leave must be sent to the criminal court in which 17 the original judgment was entered, and the latter must proceed in the 18 manner provided in subdivision five of section 460.50 of this [~~chapter~~] 19 article. 20 § 18. Section 470.45 of the criminal procedure law is amended to read 21 as follows: 22 § 470.45 Remission of case by appellate court to criminal court upon 23 reversal or modification of judgment; action by criminal 24 court. 25 Upon reversing or modifying a judgment and directing corrective 26 action, an appellate court must remit the case to the criminal court in 27 which the judgment was entered. Such criminal court must execute the 28 direction of the appellate court and must, depending upon the nature of 29 such direction, either discharge the defendant from custody[~~, exonerate~~ 30 ~~his bail~~] or issue a securing order. 31 § 19. The article heading of article 500 of the criminal procedure law 32 is amended to read as follows: 33 RECOGNIZANCE[~~, BAIL~~] AND 34 COMMITMENT--DEFINITIONS OF TERMS 35 § 20. Section 500.10 of the criminal procedure law, subdivisions 1, 2, 36 4, 5, 6, 7 and 9 as amended by section 1-e and subdivisions 21 and 22 37 as added by section 1-f of part JJJ of chapter 59 of the laws of 2019, 38 subdivision 3-a as amended and subdivision 3-b as added by section 1 of 39 part UU of chapter 56 of the laws of 2020, subdivision 3-c as added by 40 section 1 of subpart F of part UU of chapter 56 of the laws of 2022, 41 subdivision 16 as further amended by section 104 of part A of chapter 62 42 of the laws of 2011, paragraph (b) of subdivision 17 as amended by chap- 43 ter 305 of the laws of 2011, is amended to read as follows: 44 § 500.10 Recognizance[~~, bail~~] and commitment; definitions of terms. 45 As used in this title, and in this chapter generally, the following 46 terms have the following meanings: 47 1. "Principal" means a defendant in a criminal action or proceeding, 48 or a person adjudged a material witness therein, or any other person so 49 involved therein that the principal may by law be compelled to appear 50 before a court for the purpose of having such court exercise control 51 over the principal's person to secure the principal's future attendance 52 at the action or proceeding when required, and who in fact either is 53 before the court for such purpose or has been before it and been 54 subjected to such control. 55 2. "Release on own recognizance." A court releases a principal on the 56 principal's own recognizance when, having acquired control over the

S. 5973 8 1 principal's person, it permits the principal to be at liberty during the 2 pendency of the criminal action or proceeding involved upon condition 3 that the principal will appear thereat whenever the principal's attend- 4 ance may be required and will at all times render the principal amenable 5 to the orders and processes of the court. 6 3. [~~"Fix bail." A court fixes bail when, having acquired control over~~ 7 ~~the person of a principal, it designates a sum of money and stipulates~~ 8 ~~that, if bail in such amount is posted on behalf of the principal and~~ 9 ~~approved, it will permit him to be at liberty during the pendency of the~~ 10 ~~criminal action or proceeding involved.~~ 11 ~~3-a.~~] "Release under non-monetary conditions." A court releases a 12 principal under non-monetary conditions when, having acquired control 13 over a person, it authorizes the person to be at liberty during the 14 pendency of the criminal action or proceeding involved under conditions 15 ordered by the court, which shall be the least restrictive conditions 16 that will reasonably assure the principal's return to court and reason- 17 ably assure the principal's compliance with court conditions. A princi- 18 pal shall not be required to pay for any part of the cost of release on 19 non-monetary conditions. Such conditions may include, among other condi- 20 tions reasonable under the circumstances: 21 (a) that the principal be in contact with a pretrial services agency 22 serving principals in that county; 23 (b) that the principal abide by reasonable, specified restrictions on 24 travel that are reasonably related to an actual risk of flight from the 25 jurisdiction, or that the principal surrender his or her passport; 26 (c) that the principal refrain from possessing a firearm, destructive 27 device or other dangerous weapon; 28 (d) that, when it is shown pursuant to subdivision four of section 29 510.45 of this title that no other realistic non-monetary condition or 30 set of non-monetary conditions will suffice to reasonably assure the 31 person's return to court, the person be placed in reasonable pretrial 32 supervision with a pretrial services agency serving principals in that 33 county; 34 (e) that the principal refrain from associating with certain persons 35 who are connected with the instant charge, including, when appropriate, 36 specified victims, witnesses, or co-defendants; 37 (f) that the principal be referred to a pretrial services agency for 38 placement in mandatory programming, including counseling, treatment, and 39 intimate partner violence intervention programs. Where applicable, the 40 court may direct the principal be removed to a hospital pursuant to 41 section 9.43 of the mental hygiene law; 42 (g) that the principal make diligent efforts to maintain employment, 43 housing, or enrollment in school or educational programming; 44 (h) that the principal obey an order of protection issued by the 45 court, including an order issued pursuant to section 530.11 of this 46 title; 47 (i) that the principal obey conditions set by the court addressed to 48 the safety of a victim of a family offense as defined in section 530.11 49 of this title including conditions that may be requested by or on behalf 50 of the victim; and 51 (j) that, when it is shown pursuant to paragraph (a) of subdivision 52 four of section 510.40 of this title that no other realistic non-mone- 53 tary condition or set of non-monetary conditions will suffice to reason- 54 ably assure the principal's return to court, the principal's location be 55 monitored with an approved electronic monitoring device, in accordance 56 with such subdivision four of section 510.40 of this title.

S. 5973 9 1 [~~3-b.~~] 4. Subdivision [~~three-a~~] three of this section presents a non- 2 exclusive list of conditions that may be considered and imposed by law, 3 singularly or in combination, when reasonable under the circumstances of 4 the defendant, the case, and the situation of the defendant. The court 5 need not necessarily order one or more specific conditions first before 6 ordering one or more or additional conditions. 7 [~~3-c.~~] 5. (a) "Release for mental health assessment and evaluation." 8 When a principal appearing before the court appears, by clear and 9 convincing evidence, to be mentally ill at the present moment such that 10 if left unattended their conduct may result in harm to himself or 11 herself or others, the court may: order as a condition of release under 12 supervision that the principal seek a voluntary psychiatric assessment 13 under section 9.13 of the mental hygiene law if the principal has a 14 recently documented history of mental illness or psychiatric hospitali- 15 zation, and the defense consents to the assessment. 16 (b) "Involuntary assessment pending release." When a principal appear- 17 ing before the court appears, by clear and convincing evidence, to be 18 mentally ill at the present moment such that if left unattended their 19 conduct may result in immediate serious harm to himself or herself or 20 others, the court may order as a condition of release under supervision 21 that the principal be taken by an entity, including but not limited to, 22 pretrial services agencies, or another qualified provider, to a local 23 hospital for immediate psychiatric assessment involuntarily under 24 section 9.43 of the mental hygiene law if the principal is conducting 25 himself or herself before the court, in such a manner which in a person 26 who is not mentally ill would be deemed disorderly conduct which is 27 likely to result in immediate serious harm to himself or herself or 28 others. The court is also authorized to request peace officers, when 29 acting pursuant to their special duties, or police officers, who are 30 members of an authorized police department or force or of a sheriff's 31 department, to take into custody and transport such person to a hospital 32 for determination by the director of community services when such person 33 qualifies for admission pursuant to this section. The court may author- 34 ize an ambulance service, as defined by subdivision two of section three 35 thousand one of the public health law, to transport such person to any 36 hospital specified in subdivision (a) of section 9.39 of the mental 37 hygiene law or any comprehensive psychiatric emergency program specified 38 in subdivision (a) of section 9.40 of the mental hygiene law, that is 39 willing to receive such person. Upon removal, there shall be a determi- 40 nation made by the director of such hospital or program whether such 41 person should be retained therein pursuant to section 9.39 of the mental 42 hygiene law. If the principal is hospitalized, at the time of release 43 the hospital shall complete a discharge plan with linkages to communi- 44 ty-based mental health treatment, including services that are provided 45 after the individual has stabilized, if applicable and other community- 46 based services as may be deemed necessary and appropriate and notify 47 pretrial services agencies and the defense counsel of the person's 48 discharge. Pretrial services agencies are responsible for ensuring 49 continuity of care for the principal in the community. 50 (c) "Pretrial services." Pretrial services agencies shall be required, 51 upon the request of the court to provide a summary of the assessment, 52 limited to necessary and relevant information relating to the princi- 53 pal's completion of an assessment and evaluation, placement, treatment, 54 and discharge from the hospital solely for the purpose of ensuring 55 compliance with the conditions of release and in accordance with any

S. 5973 10 1 applicable state and federal confidentiality laws. Conditions of release 2 may not be revoked solely based on noncompliance with treatment. 3 (d) "Confidential." Any clinical record produced as a part of the 4 assessment, services or treatment plans required pursuant to this subdi- 5 vision shall be considered confidential and shall not be considered part 6 of the public record, and access to such records shall be limited in 7 accordance with applicable federal and state privacy laws. Such informa- 8 tion shall not be used as part of the criminal proceeding and shall be 9 expunged upon the resolution of the case. 10 (e) "Referral." Courts shall refer the principal, where appropriate, 11 to a judicial diversion program as defined in section 216.00 of this 12 chapter or to any other appropriate treatment court. 13 [4.] 6. "Commit to the custody of the sheriff." A court commits a 14 principal to the custody of the sheriff when, having acquired control 15 over the principal's person, it orders that the principal be confined in 16 the custody of the sheriff during the pendency of the criminal action or 17 proceeding involved. 18 [5.] 7. "Securing order" means an order of a court committing a prin- 19 cipal to the custody of the sheriff [~~or fixing bail, where authorized,~~] 20 or releasing the principal on the principal's own recognizance or 21 releasing the principal under non-monetary conditions. 22 [6.] 8. "Order of recognizance or [~~bail~~] non-monetary conditions" 23 means a securing order releasing a principal on the principal's own 24 recognizance or under non-monetary conditions [~~or, where authorized,~~ 25 ~~fixing bail~~]. 26 [7.] 9. "Application for recognizance or [~~bail~~] non-monetary condi- 27 tions" means an application by a principal that the court, instead of 28 committing the principal to or retaining the principal in the custody of 29 the sheriff, either release the principal on the principal's own recog- 30 nizance, or release under non-monetary conditions[~~, or, where author-~~ 31 ~~ized, fix bail~~]. 32 [~~8. "Post bail" means to deposit bail in the amount and form fixed by~~ 33 ~~the court, with the court or with some other authorized public servant~~ 34 ~~or agency.~~ 35 ~~9. "Bail" means cash bail, a bail bond or money paid with a credit~~ 36 ~~card.~~ 37 ~~10. "Cash bail" means a sum of money, in the amount designated in an~~ 38 ~~order fixing bail, posted by a principal or by another person on his~~ 39 ~~behalf with a court or other authorized public servant or agency, upon~~ 40 ~~the condition that such money will become forfeit to the people of the~~ 41 ~~state of New York if the principal does not comply with the directions~~ 42 ~~of a court requiring his attendance at the criminal action or proceeding~~ 43 ~~involved or does not otherwise render himself amenable to the orders and~~ 44 ~~processes of the court.~~ 45 ~~11. "Obligor" means a person who executes a bail bond on behalf of a~~ 46 ~~principal and thereby assumes the undertaking described therein. The~~ 47 ~~principal himself may be an obligor.~~ 48 ~~12. "Surety" means an obligor who is not a principal.~~ 49 ~~13. "Bail bond" means a written undertaking, executed by one or more~~ 50 ~~obligors, that the principal designated in such instrument will, while~~ 51 ~~at liberty as a result of an order fixing bail and of the posting of the~~ 52 ~~bail bond in satisfaction thereof, appear in a designated criminal~~ 53 ~~action or proceeding when his attendance is required and otherwise~~ 54 ~~render himself amenable to the orders and processes of the court, and~~ 55 ~~that in the event that he fails to do so the obligor or obligors will~~

S. 5973 11 1 ~~pay to the people of the state of New York a specified sum of money, in~~ 2 ~~the amount designated in the order fixing bail.~~ 3 ~~14. "Appearance bond" means a bail bond in which the only obligor is~~ 4 ~~the principal.~~ 5 ~~15. "Surety bond" means a bail bond in which the obligor or obligors~~ 6 ~~consist of one or more sureties or of one or more sureties and the prin-~~ 7 ~~cipal.~~ 8 ~~16. "Insurance company bail bond" means a surety bond, executed in the~~ 9 ~~form prescribed by the superintendent of financial services, in which~~ 10 ~~the surety-obligor is a corporation licensed by the superintendent of~~ 11 ~~financial services to engage in the business of executing bail bonds.~~ 12 ~~17. "Secured bail bond" means a bail bond secured by either:~~ 13 ~~(a) Personal property which is not exempt from execution and which,~~ 14 ~~over and above all liabilities and encumbrances, has a value equal to or~~ 15 ~~greater than the total amount of the undertaking; or~~ 16 ~~(b) Real property having a value of at least twice the total amount of~~ 17 ~~the undertaking. For purposes of this paragraph, value of real property~~ 18 ~~is determined by either:~~ 19 ~~(i) dividing the last assessed value of such property by the last~~ 20 ~~given equalization rate or in a special assessing unit, as defined in~~ 21 ~~article eighteen of the real property tax law, the appropriate class~~ 22 ~~ratio established pursuant to section twelve hundred two of such law of~~ 23 ~~the assessing municipality wherein the property is situated and by~~ 24 ~~deducting from the resulting figure the total amount of any liens or~~ 25 ~~other encumbrances upon such property; or~~ 26 ~~(ii) the value of the property as indicated in a certified appraisal~~ 27 ~~report submitted by a state certified general real estate appraiser duly~~ 28 ~~licensed by the department of state as provided in section one hundred~~ 29 ~~sixty-j of the executive law, and by deducting from the appraised value~~ 30 ~~the total amount of any liens or other encumbrances upon such property.~~ 31 ~~A lien report issued by a title insurance company licensed under article~~ 32 ~~sixty-four of the insurance law, that guarantees the correctness of a~~ 33 ~~lien search conducted by it, shall be presumptive proof of liens upon~~ 34 ~~the property.~~ 35 ~~18. "Partially secured bail bond" means a bail bond secured only by a~~ 36 ~~deposit of a sum of money not exceeding ten percent of the total amount~~ 37 ~~of the undertaking.~~ 38 ~~19. "Unsecured bail bond" means a bail bond, other than an insurance~~ 39 ~~company bail bond, not secured by any deposit of or lien upon property.~~ 40 ~~20.~~] 10. "Court" includes, where appropriate, a judge authorized to 41 act as described in a particular statute, though not as a court. 42 [~~21.~~] 11. "Qualifies for electronic monitoring," for purposes of 43 subdivision four of section 510.40 of this title, means a person charged 44 with a felony, a misdemeanor crime of domestic violence, a misdemeanor 45 defined in article one hundred thirty of the penal law, a crime and the 46 circumstances of paragraph (b) of subdivision two of section 530.60 of 47 this title apply, or any crime where such conduct arose while the prin- 48 cipal was released on his or her own recognizance, released under condi- 49 tions or had yet to be arraigned after the issuance of a desk appearance 50 ticket for a separate offense, or any misdemeanor where the defendant 51 stands previously convicted, within the past [~~five~~] ten years, of [ a 52 ~~violent felony offense as defined in section 70.02 of the penal law~~] any 53 crime. For the purposes of this subdivision, in calculating such [~~five~~] 54 ten year period, any period of time during which the defendant was 55 incarcerated for any reason between the time of the commission of any 56 such previous crime and the time of commission of the present crime

S. 5973 12 1 shall be excluded and such [~~five~~] ten year period shall be extended by a 2 period or periods equal to the time served under such incarceration. 3 [~~22.~~] 12. "Misdemeanor crime of domestic violence," for purposes of 4 subdivision [~~twenty-one~~] eleven of this section, means a misdemeanor 5 under the penal law provisions and circumstances described in subdivi- 6 sion one of section 530.11 of this title. 7 § 21. The article heading of article 510 of the criminal procedure law 8 is amended to read as follows: 9 RECOGNIZANCE[~~, BAIL~~] AND COMMITMENT-- 10 DETERMINATION OF APPLICATION FOR RECOGNIZANCE 11 [~~OR BAIL~~], ISSUANCE OF SECURING ORDERS, AND 12 RELATED MATTERS 13 § 22. Section 510.10 of the criminal procedure law, as amended by 14 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 15 as amended by section 1 of subpart C of part UU of chapter 56 of the 16 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap- 17 ter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision 4 as 18 amended and paragraph (u) as added by section 2 of subpart B of part UU 19 of chapter 56 of the laws of 2022, is amended to read as follows: 20 § 510.10 Securing order; when required; alternatives available; standard 21 to be applied. 22 1. When a principal, whose future court attendance at a criminal 23 action or proceeding is or may be required, comes under the control of a 24 court, such court shall, in accordance with this title, by a securing 25 order release the principal on the principal's own recognizance, release 26 the principal under non-monetary conditions, [~~or, where authorized, fix~~ 27 ~~bail~~] or commit the principal to the custody of the sheriff. In all such 28 cases, except where another type of securing order is shown to be 29 required by law, the court shall release the principal pending trial on 30 the principal's own recognizance, unless it is demonstrated and the 31 court makes an individualized determination that the principal poses a 32 risk of flight to avoid prosecution or poses a danger to themselves, 33 another person or the community as a whole. [~~If such a finding is made,~~ 34 ~~the court must select the least restrictive alternative and condition or~~ 35 ~~conditions that will reasonably assure the principal's return to court.~~] 36 The court shall explain its choice of release, release with conditions, 37 [~~bail~~] or remand on the record or in writing. In making its determi- 38 nation, the court must consider and take into account available informa- 39 tion about the principal, including: 40 (a) The principal's character, reputation, habits, mental condition, 41 activities and history; 42 (b) If the principal is a defendant, the charges facing the principal 43 and the weight of the evidence against him or her in the pending crimi- 44 nal action and any other factor indicating the probability or improba- 45 bility of conviction; 46 (c) The principal's criminal conviction record if any; 47 (d) The principal's record of previous adjudication as a juvenile 48 delinquent, as retained pursuant to section 354.1 of the family court 49 act, or, of pending cases where fingerprints are retained pursuant to 50 section 306.1 of such act, or a youthful offender, if any; 51 (e) The principal's previous record in complying with court orders, 52 including orders to appear when required, or with respect to flight to 53 avoid criminal prosecution; 54 (f) [~~If monetary bail is authorized, according to the restrictions set~~ 55 ~~forth in this title, the principal's individual financial circumstances,~~ 56 ~~and, in cases where bail is authorized, the principal's ability to post~~

S. 5973 13 1 ~~bail without posing undue hardship, as well as his or her ability to~~ 2 ~~obtain a secured, unsecured, or partially secured bond;~~ 3 ~~(g)~~] Any violation by the principal of an order of protection issued 4 by any court; 5 [~~(h)~~] (g) The principal's history of use or possession of a firearm; 6 [~~(i)~~] (h) Whether the charge is alleged to have caused serious harm to 7 an individual or group of individuals; and 8 [~~(j)~~] (i) If the principal is a defendant, in the case of an applica- 9 tion for a securing order pending appeal, the merit or lack of merit of 10 the appeal. 11 2. A principal is entitled to representation by counsel under this 12 chapter in preparing an application for release, when a securing order 13 is being considered and when a securing order is being reviewed for 14 modification, revocation or termination. If the principal is financially 15 unable to obtain counsel, counsel shall be assigned to the principal. 16 3. In cases other than as described in subdivision four or five of 17 this section the court shall release the principal pending trial on the 18 principal's own recognizance, unless the court finds on the record or in 19 writing that release on the principal's own recognizance will not 20 reasonably assure the principal's return to court. In such instances, 21 the court shall release the principal under non-monetary conditions[, 22 ~~selecting the least restrictive alternative and conditions that will~~ 23 ~~reasonably assure the principal's return to court~~]. The court shall 24 explain its choice [~~of alternative and~~] conditions on the record or in 25 writing. 26 4. Where the principal stands charged with a [~~qualifying offense,~~] 27 felony, except a class E felony under title J or K of the penal law, or 28 a qualifying misdemeanor, or where the court has found that committing 29 the principal to the custody of the sheriff is warranted under subdivi- 30 sion five of this section, the court, unless otherwise prohibited by 31 law, may in its discretion release the principal pending trial on the 32 principal's own recognizance or under non-monetary conditions, [~~fix~~ 33 ~~bail~~], or, [~~where the defendant is charged with a qualifying offense~~ 34 ~~which is a felony, the court may~~] commit the principal to the custody of 35 the sheriff. A principal stands charged with a qualifying [~~offense~~] 36 misdemeanor for the purposes of this subdivision when he or she stands 37 charged with: 38 (a) [~~a felony enumerated in section 70.02 of the penal law, other than~~ 39 ~~robbery in the second degree as defined in subdivision one of section~~ 40 ~~160.10 of the penal law, provided, however, that burglary in the second~~ 41 ~~degree as defined in subdivision two of section 140.25 of the penal law~~ 42 ~~shall be a qualifying offense only where the defendant is charged with~~ 43 ~~entering the living area of the dwelling;~~ 44 ~~(b) a crime involving witness intimidation under section 215.15 of the~~ 45 ~~penal law;~~ 46 ~~(c) a crime involving witness tampering under section 215.11, 215.12~~ 47 ~~or 215.13 of the penal law;~~ 48 ~~(d) a class A felony defined in the penal law, provided that for class~~ 49 ~~A felonies under article two hundred twenty of the penal law, only class~~ 50 ~~A-I felonies shall be a qualifying offense;~~ 51 ~~(e) a sex trafficking offense defined in section 230.34 or 230.34-a of~~ 52 ~~the penal law, or a felony sex offense defined in section 70.80 of the~~ 53 ~~penal law, or a crime involving incest as defined in section 255.25,~~ 54 ~~255.26 or 255.27 of such law, or a misdemeanor defined in article one~~ 55 ~~hundred thirty of such law;~~

S. 5973 14 1 ~~(f) conspiracy in the second degree as defined in section 105.15 of~~ 2 ~~the penal law, where the underlying allegation of such charge is that~~ 3 ~~the defendant conspired to commit a class A felony defined in article~~ 4 ~~one hundred twenty-five of the penal law;~~ 5 ~~(g) money laundering in support of terrorism in the first degree as~~ 6 ~~defined in section 470.24 of the penal law; money laundering in support~~ 7 ~~of terrorism in the second degree as defined in section 470.23 of the~~ 8 ~~penal law; money laundering in support of terrorism in the third degree~~ 9 ~~as defined in section 470.22 of the penal law; money laundering in~~ 10 ~~support of terrorism in the fourth degree as defined in section 470.21~~ 11 ~~of the penal law; or a felony crime of terrorism as defined in article~~ 12 ~~four hundred ninety of the penal law, other than the crime defined in~~ 13 ~~section 490.20 of such law;~~ 14 ~~(h) criminal contempt in the second degree as defined in subdivision~~ 15 ~~three of section 215.50 of the penal law, criminal contempt in the first~~ 16 ~~degree as defined in subdivision (b), (c) or (d) of section 215.51 of~~ 17 ~~the penal law or aggravated criminal contempt as defined in section~~ 18 ~~215.52 of the penal law, and the underlying allegation of such charge of~~ 19 ~~criminal contempt in the second degree, criminal contempt in the first~~ 20 ~~degree or aggravated criminal contempt is that the defendant violated a~~ 21 ~~duly served order of protection where the protected party is a member of~~ 22 ~~the defendant's same family or household as defined in subdivision one~~ 23 ~~of section 530.11 of this title;~~ 24 ~~(i) facilitating a sexual performance by a child with a controlled~~ 25 ~~substance or alcohol as defined in section 263.30 of the penal law, use~~ 26 ~~of a child in a sexual performance as defined in section 263.05 of the~~ 27 ~~penal law or luring a child as defined in subdivision one of section~~ 28 ~~120.70 of the penal law, promoting an obscene sexual performance by a~~ 29 ~~child as defined in section 263.10 of the penal law or promoting a sexu-~~ 30 ~~al performance by a child as defined in section 263.15 of the penal law;~~ 31 ~~(j) any crime that is alleged to have caused the death of another~~ 32 ~~person;~~ 33 ~~(k) criminal obstruction of breathing or blood circulation as defined~~ 34 ~~in section 121.11 of the penal law, strangulation in the second degree~~ 35 ~~as defined in section 121.12 of the penal law or unlawful imprisonment~~ 36 ~~in the first degree as defined in section 135.10 of the penal law, and~~ 37 ~~is alleged to have committed the offense against a member of the defend-~~ 38 ~~ant's same family or household as defined in subdivision one of section~~ 39 ~~530.11 of this title;~~ 40 ~~(l) aggravated vehicular assault as defined in section 120.04-a of the~~ 41 ~~penal law or vehicular assault in the first degree as defined in section~~ 42 ~~120.04 of the penal law;~~ 43 ~~(m) assault in the third degree as defined in section 120.00 of the~~ 44 ~~penal law or arson in the third degree as defined in section 150.10 of~~ 45 ~~the penal law, when such crime is charged as a hate crime as defined in~~ 46 ~~section 485.05 of the penal law;~~ 47 ~~(n) aggravated assault upon a person less than eleven years old as~~ 48 ~~defined in section 120.12 of the penal law or criminal possession of a~~ 49 ~~weapon on school grounds as defined in section 265.01-a of the penal~~ 50 ~~law;~~ 51 ~~(o) grand larceny in the first degree as defined in section 155.42 of~~ 52 ~~the penal law, enterprise corruption as defined in section 460.20 of the~~ 53 ~~penal law, or money laundering in the first degree as defined in section~~ 54 ~~470.20 of the penal law;~~ 55 ~~(p) failure to register as a sex offender pursuant to section one~~ 56 ~~hundred sixty-eight-t of the correction law or endangering the welfare~~

S. 5973 15 1 ~~of a child as defined in subdivision one of section 260.10 of the penal~~ 2 ~~law, where the defendant is required to maintain registration under~~ 3 ~~article six-C of the correction law and designated a level three offen-~~ 4 ~~der pursuant to subdivision six of section one hundred sixty-eight-l of~~ 5 ~~the correction law;~~ 6 ~~(q) a crime involving bail jumping under section 215.55, 215.56 or~~ 7 ~~215.57 of the penal law, or a crime involving escaping from custody~~ 8 ~~under section 205.05, 205.10 or 205.15 of the penal law;~~ 9 ~~(r) any felony offense committed by the principal while serving a~~ 10 ~~sentence of probation or while released to post release supervision;~~ 11 ~~(s) a felony, where the defendant qualifies for sentencing on such~~ 12 ~~charge as a persistent felony offender pursuant to section 70.10 of the~~ 13 ~~penal law;~~ 14 ~~(t) any felony or class A misdemeanor involving harm to an identifi-~~ 15 ~~able person or property, or any charge of criminal possession of a~~ 16 ~~firearm as defined in section 265.01-b of the penal law, where such~~ 17 ~~charge arose from conduct occurring while the defendant was released on~~ 18 ~~his or her own recognizance, released under conditions, or had yet to be~~ 19 ~~arraigned after the issuance of a desk appearance ticket for a separate~~ 20 ~~felony or class A misdemeanor involving harm to an identifiable person~~ 21 ~~or property, or any charge of criminal possession of a firearm as~~ 22 ~~defined in section 265.01-b of the penal law, provided, however, that~~ 23 ~~the prosecutor must show reasonable cause to believe that the defendant~~ 24 ~~committed the instant crime and any underlying crime. For the purposes~~ 25 ~~of this subparagraph, any of the underlying crimes need not be a quali-~~ 26 ~~fying offense as defined in this subdivision. For the purposes of this~~ 27 ~~paragraph, "harm to an identifiable person or property" shall include~~ 28 ~~but not be limited to theft of or damage to property. However, based~~ 29 ~~upon a review of the facts alleged in the accusatory instrument, if the~~ 30 ~~court determines that such theft is negligible and does not appear to be~~ 31 ~~in furtherance of other criminal activity, the principal shall be~~ 32 ~~released on his or her own recognizance or under appropriate non-mone-~~ 33 ~~tary conditions; or~~ 34 ~~(u) criminal possession of a weapon in the third degree as defined in~~ 35 ~~subdivision three of section 265.02 of the penal law or criminal sale of~~ 36 ~~a firearm to a minor as defined in section 265.16 of the penal law~~] 37 witness tampering in the fourth degree as defined in section 215.10 of 38 the penal law; 39 (b) a misdemeanor under article one hundred thirty of the penal law; 40 (c) conspiracy in the fifth degree as defined in section 105.05 of the 41 penal law where the underlying allegations of such charge is that the 42 defendant conspired to commit a felony or misdemeanor that otherwise 43 qualifies for bail; 44 (d) criminal contempt in the second degree as defined in subdivision 45 three of section 215.50 of the penal law; 46 (e) a specified offense enumerated in subdivision two of section 47 240.75 of the penal law where such offense is alleged to have been 48 committed against a member of the defendant's same family or household 49 as defined in subdivision one of section 530.11 of this title; 50 (f) any misdemeanor when such crime is charged as a hate crime as 51 defined in section 485.05 of the penal law; 52 (g) bail jumping in the third degree as defined in section 215.55 of 53 the penal law; 54 (h) escape in the third degree as defined in section 205.05 of the 55 penal law;

S. 5973 16 1 (i) any misdemeanor involving intentionally causing harm to another 2 person or an animal; 3 (j) any misdemeanor involving the use and possession of a firearm, 4 shotgun or rifle; 5 (k) any class A misdemeanor where such charge arose from conduct while 6 the defendant was released on his or her own recognizance, released 7 under conditions or had yet to be arraigned after the issuance of a desk 8 appearance ticket for a separate offense; 9 (l) any other offense that the division of criminal justice services 10 has identified pursuant to article fifty of the executive law. 11 5. [~~Notwithstanding the provisions of subdivisions three and four of~~ 12 ~~this section, with respect to any charge for which bail or remand is not~~ 13 ~~ordered, and for which the court would not or could not otherwise~~ 14 ~~require bail or remand, a defendant may, at any time, request that the~~ 15 ~~court set bail in a nominal amount requested by the defendant in the~~ 16 ~~form specified in paragraph (a) of subdivision one of section 520.10 of~~ 17 ~~this title; if the court is satisfied that the request is voluntary, the~~ 18 ~~court shall set such bail in such amount~~] Where a defendant is charged 19 with an offense that does not qualify for pretrial detention under 20 subdivision four of this section, the court may commit the principal to 21 the custody of the sheriff if the court makes an individualized determi- 22 nation that the principal poses a substantial risk of harm to them- 23 selves, others or the community as a whole, or where the court deter- 24 mines that the defendant has an established history of disobeying 25 directives of the court. 26 (a) The court may consider the following factors when determining 27 whether a principal poses a risk of harm: 28 (i) the nature of the principal's prior convictions, including whether 29 the principal has been convicted of any violent felonies listed in 30 section 70.02 of the penal law; 31 (ii) the principal's access to weapons; 32 (iii) whether the principal has any association with a criminal street 33 gang, as defined in section 10-170 of the administrative code of the 34 city of New York or a criminal enterprise, as defined in section 460.10 35 of the penal law; and 36 (iv) any history of threats or intimidation to witnesses in prior 37 criminal proceedings. 38 (b) The court may consider the following factors when determining 39 whether a principal has an established history of disobeying directives 40 of the court: 41 (i) any history of bench warrants failures to appear; 42 (ii) previous violation of orders of protection; 43 (iii) any history of rearrests while other charges are pending; and 44 (iv) any history of witness intimidation or tampering. 45 6. When a securing order is revoked or otherwise terminated in the 46 course of an uncompleted action or proceeding but the principal's future 47 court attendance still is or may be required and the principal is still 48 under the control of a court, a new securing order must be issued. When 49 the court revokes or otherwise terminates a securing order which commit- 50 ted the principal to the custody of the sheriff, the court shall give 51 written notification to the sheriff of such revocation or termination of 52 the securing order. 53 § 23. Section 510.20 of the criminal procedure law, as amended by 54 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 55 read as follows:

S. 5973 17 1 1. Upon any occasion when a court has issued a securing order with 2 respect to a principal and the principal is confined in the custody of 3 the sheriff as a result of the securing order or a previously issued 4 securing order, the principal may make an application for recogni- 5 zance[,] or release under non-monetary conditions [~~or bail~~]. 6 2. (a) The principal is entitled to representation by counsel in the 7 making and presentation of such application. If the principal is finan- 8 cially unable to obtain counsel, counsel shall be assigned to the prin- 9 cipal. 10 (b) Upon such application, the principal must be accorded an opportu- 11 nity to be heard, present evidence and to contend that an order of 12 recognizance[,] or release under non-monetary conditions [~~or, where~~ 13 ~~authorized, bail~~] must or should issue, that the court should release 14 the principal on the principal's own recognizance or under non-monetary 15 conditions [~~rather than fix bail, and that if bail is authorized and~~ 16 ~~fixed it should be in a suggested amount and form~~]. 17 § 24. Subdivision 1 of section 510.30 of the criminal procedure law, 18 as amended by section 2 of subpart C of part UU of chapter 56 of the 19 laws of 2022, is amended to read as follows: 20 1. With respect to any principal, [~~the court in all cases, unless~~ 21 ~~otherwise provided by law, must impose the least restrictive~~] must 22 consider the kind and degree of control or restriction that is necessary 23 to secure the principal's return to court when required or mitigate the 24 risk of danger to the principal, another person or the community. In 25 determining that matter, the court must, on the basis of available 26 information, consider and take into account information about the prin- 27 cipal that is relevant to the principal's return to court, including: 28 (a) The principal's character, reputation, habits, mental condition, 29 activities and history; 30 (b) If the principal is a defendant, the charges facing the principal 31 and the weight of the evidence against him or her in the pending crimi- 32 nal action and any other factor indicating the probability or improba- 33 bility of conviction; 34 (c) The principal's criminal conviction record if any; 35 (d) The principal's record of previous adjudication as a juvenile 36 delinquent, as retained pursuant to section 354.2 of the family court 37 act, or, of pending cases where fingerprints are retained pursuant to 38 section 306.1 of such act, or a youthful offender, if any; 39 (e) The principal's previous record in complying with court orders, 40 including orders to appear when required, or with respect to flight to 41 avoid criminal prosecution; 42 (f) [~~If monetary bail is authorized, according to the restrictions set~~ 43 ~~forth in this title, the principal's individual financial circumstances,~~ 44 ~~and, in cases where bail is authorized, the principal's ability to post~~ 45 ~~bail without posing undue hardship, as well as his or her ability to~~ 46 ~~obtain a secured, unsecured, or partially secured bond;~~ 47 ~~(g)~~] Any violation by the principal of an order of protection issued 48 by any court; 49 [~~(h)~~] (g) The principal's history of use or possession of a firearm; 50 [~~(i)~~] (h) Whether the charge is alleged to have caused serious harm to 51 an individual or group of individuals; and 52 [~~(j)~~] (i) If the principal is a defendant, in the case of an applica- 53 tion for a securing order pending appeal, the merit or lack of merit of 54 the appeal. 55 § 25. Section 510.40 of the criminal procedure law, as amended by 56 section 6 of part JJJ of chapter 59 of the laws of 2019, paragraph (c)

S. 5973 18 1 of subdivision 4 as amended by section 7 of part UU of chapter 56 of the 2 laws of 2020, is amended to read as follows: 3 § 510.40 Court notification to principal of conditions of release and of 4 alleged violations of conditions of release. 5 1. Upon ordering that a principal be released on the principal's own 6 recognizance[,] or released under non-monetary conditions, [~~or, if bail~~ 7 ~~has been fixed, upon the posting of bail,~~] the court must direct the 8 principal to appear in the criminal action or proceeding involved when- 9 ever the principal's attendance may be required and to be at all times 10 amenable to the orders and processes of the court. If such principal is 11 in the custody of the sheriff [~~or at liberty upon bail~~] at the time of 12 the order, the court must direct that the principal be discharged from 13 such [~~custody or, as the case may be, that the principal's bail be exon-~~ 14 ~~erated~~]. 15 2. [~~Upon the issuance of an order fixing bail, where authorized, and~~ 16 ~~upon the posting thereof, the court must examine the bail to determine~~ 17 ~~whether it complies with the order. If it does, the court must, in the~~ 18 ~~absence of some factor or circumstance which in law requires or author-~~ 19 ~~izes disapproval thereof, approve the bail and must issue a certificate~~ 20 ~~of release, authorizing the principal to be at liberty, and, if the~~ 21 ~~principal is in the custody of the sheriff at the time, directing the~~ 22 ~~sheriff to discharge the principal therefrom. If the bail fixed is not~~ 23 ~~posted, or is not approved after being posted, the court must order that~~ 24 ~~the principal be committed to the custody of the sheriff. In the event~~ 25 ~~of any such non-approval, the court shall explain promptly in writing~~ 26 ~~the reasons therefor.~~ 27 3.] Non-monetary conditions of release shall be individualized and 28 established in writing by the court. At future court appearances, the 29 court shall consider a lessening of conditions or modification of condi- 30 tions to a less burdensome form based on the principal's compliance with 31 such conditions of release. In the event of alleged non-compliance with 32 the conditions of release in an important respect, pursuant to this 33 subdivision, additional conditions may be imposed by the court, on the 34 record or in writing, only after notice of the facts and circumstances 35 of such alleged non-compliance, reasonable under the circumstances, 36 affording the principal and the principal's attorney and the people an 37 opportunity to present relevant, admissible evidence, relevant witnesses 38 and to cross-examine witnesses, and a finding by clear and convincing 39 evidence that the principal violated a condition of release in an impor- 40 tant respect. Following such a finding, in determining whether to impose 41 additional conditions for non-compliance, the court shall consider and 42 may select conditions [~~consistent with the court's obligation to impose~~ 43 ~~the least restrictive condition or conditions~~] that will reasonably 44 assure the defendant's return to court or mitigate the risk of danger to 45 the principal, another person or the community. The court shall explain 46 on the record or in writing the reasons for its determination and for 47 any changes to the conditions imposed. 48 [4.] 3. (a) Electronic monitoring of a principal's location may be 49 ordered only if the court finds, after notice, an opportunity to be 50 heard and an individualized determination explained on the record or in 51 writing, that the defendant qualifies for electronic monitoring in 52 accordance with subdivision [~~twenty-one~~] eleven of section 500.10 of 53 this title, and no other realistic non-monetary condition or set of 54 non-monetary conditions will suffice to reasonably assure a principal's 55 return to court.

S. 5973 19 1 (b) The specific method of electronic monitoring of the principal's 2 location must be approved by the court. [~~It must be the least restric-~~ 3 ~~tive procedure and method that will reasonably assure the principal's~~ 4 ~~return to court, and unobtrusive to the greatest extent practicable~~] In 5 determining what method or procedure to approve, the court must consider 6 those methods or procedures which will reasonably assure the principal's 7 return to court or mitigate the risk of danger to the principal, another 8 person or the community. 9 (c) Electronic monitoring of the location of a principal may be 10 conducted only by a public entity under the supervision and control of a 11 county or municipality or a non-profit entity under contract to the 12 county, municipality or the state. A county or municipality shall be 13 authorized to enter into a contract with another county or municipality 14 in the state to monitor principals under non-monetary conditions of 15 release in its county, but counties, municipalities and the state shall 16 not contract with any private for-profit entity for such purposes. 17 Counties, municipalities and the state may contract with a private for- 18 profit entity to supply electronic monitoring devices or other items, 19 provided that any interaction with persons under electronic monitoring 20 or the data produced by such monitoring shall be conducted solely by 21 employees of a county, municipality, the state, or a non-profit entity 22 under contract with such county, municipality or the state. 23 [~~(d) Electronic monitoring of a principal's location may be for a~~ 24 ~~maximum period of sixty days, and may be renewed for such period, after~~ 25 ~~notice, an opportunity to be heard and a de novo, individualized deter-~~ 26 ~~mination in accordance with this subdivision, which shall be explained~~ 27 ~~on the record or in writing.~~ 28 ~~A defendant subject to electronic location monitoring under this~~ 29 ~~subdivision shall be considered held or confined in custody for purposes~~ 30 ~~of section 180.80 of this chapter and shall be considered committed to~~ 31 ~~the custody of the sheriff for purposes of section 170.70 of the chap-~~ 32 ~~ter, as applicable.~~] 33 [5.] 4. If a principal is released under non-monetary conditions, the 34 court shall, on the record and in an individualized written document 35 provided to the principal, notify the principal, in plain language and a 36 manner sufficiently clear and specific: 37 (a) of any conditions to which the principal is subject, to serve as a 38 guide for the principal's conduct; and 39 (b) that the possible consequences for violation of such a condition 40 may include revocation of the securing order and the ordering of a more 41 restrictive securing order. 42 § 26. Section 510.45 of the criminal procedure law, as added by 43 section 8 of part JJJ of chapter 59 of the laws of 2019, is amended to 44 read as follows: 45 § 510.45 Pretrial services agencies. 46 1. The office of court administration shall certify and regularly 47 review for recertification one or more pretrial services agencies in 48 each county to monitor principals released under non-monetary condi- 49 tions. Such office shall maintain a listing on its public website iden- 50 tifying by county each pretrial services agency so certified in the 51 state. 52 2. Every such agency shall be a public entity under the supervision 53 and control of a county or municipality or a non-profit entity under 54 contract to the county, municipality or the state. A county or munici- 55 pality shall be authorized to enter into a contract with another county 56 or municipality in the state to monitor principals under non-monetary

S. 5973 20 1 conditions of release in its county, but counties, municipalities and 2 the state shall not contract with any private for-profit entity for such 3 purposes. 4 3. (a) Any questionnaire, instrument or tool used with a principal in 5 the process of considering or determining the principal's possible 6 release on recognizance[,] or release under non-monetary conditions [or 7 ~~on bail,~~] or used with a principal in the process of considering or 8 determining a condition or conditions of release or monitoring by a 9 pretrial services agency, shall be promptly made available to the prin- 10 cipal and the principal's counsel upon written request. Any such blank 11 form questionnaire, instrument or tool regularly used in the county for 12 such purpose or a related purpose shall be made available to any person 13 promptly upon request. 14 (b) Any such questionnaire, instrument or tool used to inform determi- 15 nations on release or conditions of release shall be: 16 (i) designed and implemented in a way that ensures the results are 17 free from discrimination on the basis of race, national origin, sex, or 18 any other protected class; and 19 (ii) empirically validated and regularly revalidated, with such vali- 20 dation and revalidation studies and all underlying data, except personal 21 identifying information for any defendant, publicly available upon 22 request. 23 4.[ ~~Supervision by a pre-trial services agency may be ordered as a~~ 24 ~~non-monetary condition pursuant to this title only if the court finds,~~ 25 ~~after notice, an opportunity to be heard and an individualized determi-~~ 26 ~~nation explained on the record or in writing, that no other realistic~~ 27 ~~non-monetary condition or set of non-monetary conditions will suffice to~~ 28 ~~reasonably assure the principal's return to court.~~ 29 5.] Each pretrial service agency certified by the office of court 30 administration pursuant to this section shall at the end of each year 31 prepare and file with such office an annual report, which the office 32 shall compile, publish on its website and make available upon request to 33 members of the public. Such reports shall not include any personal iden- 34 tifying information for any individual defendants. Each such report, in 35 addition to other relevant information, shall set forth, disaggregated 36 by each county served: 37 (a) the number of defendants supervised by the agency; 38 (b) the length of time (in months) each such person was supervised by 39 the agency prior to acquittal, dismissal, release on recognizance, revo- 40 cation of release on conditions, and sentencing; 41 (c) the race, ethnicity, age and sex of each person supervised; 42 (d) the crimes with which each person supervised was charged; 43 (e) the number of persons supervised for whom release conditions were 44 modified by the court, describing generally for each person or group of 45 persons the type and nature of the condition or conditions added or 46 removed; 47 (f) the number of persons supervised for whom release under conditions 48 was revoked by the court, and the basis for such revocations; and 49 (g) the court disposition in each supervised case, including sentenc- 50 ing information. 51 § 27. Subdivision 1 of section 510.50 of the criminal procedure law, 52 as amended by section 9 of part JJJ of chapter 59 of the laws of 2019, 53 is amended to read as follows: 54 1. When the attendance of a principal confined in the custody of the 55 sheriff is required at the criminal action or proceeding at a particular 56 time and place, the court may compel such attendance by directing the

S. 5973 21 1 sheriff to produce the principal at such time and place. If the princi- 2 pal is at liberty on the principal's own recognizance or non-monetary 3 conditions [~~or on bail~~], the principal's attendance may be achieved or 4 compelled by various methods, including notification and the issuance of 5 a bench warrant, prescribed by law in provisions governing such matters 6 with respect to the particular kind of action or proceeding involved. 7 § 28. Article 520 of the criminal procedure law is REPEALED. 8 § 29. The article heading of article 530 of the criminal procedure law 9 is amended to read as follows: 10 [~~ORDERS OF RECOGNIZANCE OR BAIL~~] SECURING ORDERS 11 WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS 12 AND PROCEEDINGS--WHEN AND BY WHAT 13 COURTS AUTHORIZED 14 § 30. Section 530.10 of the criminal procedure law, as amended by 15 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 16 read as follows: 17 § 530.10 Order of recognizance release under non-monetary conditions [or 18 ~~bail~~]; in general. 19 Under circumstances prescribed in this article, a court, upon applica- 20 tion of a defendant charged with or convicted of an offense, is required 21 to issue a securing order for such defendant during the pendency of 22 either: 23 1. A criminal action based upon such charge; or 24 2. An appeal taken by the defendant from a judgment of conviction or a 25 sentence or from an order of an intermediate appellate court affirming 26 or modifying a judgment of conviction or a sentence. 27 § 31. The opening paragraph of subdivision 1 and subdivisions 9 and 11 28 of section 530.12 of the criminal procedure law, the opening paragraph 29 of subdivision 1 as amended by chapter 526 of the laws of 2013, subdivi- 30 sion 9 as amended by section 81 of subpart B of part C of chapter 62 of 31 the laws of 2011, subdivision 11 as amended by section 15 of part JJJ of 32 chapter 59 of the laws of 2019, are amended to read as follows: 33 When a criminal action is pending involving a complaint charging any 34 crime or violation between spouses, former spouses, parent and child, or 35 between members of the same family or household, as members of the same 36 family or household are defined in subdivision one of section 530.11 of 37 this article, the court, in addition to any other powers conferred upon 38 it by this chapter may issue a temporary order of protection in conjunc- 39 tion with any securing order committing the defendant to the custody of 40 the sheriff or as a condition of any order of recognizance or [~~bail~~] 41 release under non-monetary conditions or an adjournment in contemplation 42 of dismissal. 43 9. If no warrant, order or temporary order of protection has been 44 issued by the court, and an act alleged to be a family offense as 45 defined in section 530.11 of this [~~chapter~~] article is the basis of the 46 arrest, the magistrate shall permit the complainant to file a petition, 47 information or accusatory instrument and for reasonable cause shown, 48 shall thereupon hold such respondent or defendant, admit to, [~~fix or~~ 49 ~~accept bail,~~] or parole him or her for hearing before the family court 50 or appropriate criminal court as the complainant shall choose in accord- 51 ance with the provisions of section 530.11 of this [~~chapter~~] article. 52 11. If a defendant is brought before the court for failure to obey any 53 lawful order issued under this section, or an order of protection issued 54 by a court of competent jurisdiction in another state, territorial or 55 tribal jurisdiction, and if, after hearing, the court is satisfied by

S. 5973 22 1 competent proof that the defendant has willfully failed to obey any such 2 order, the court may: 3 (a) revoke an order of recognizance or release under non-monetary 4 conditions [~~or revoke an order of bail or order forfeiture of such bail~~] 5 and commit the defendant to custody; or 6 (b) restore the case to the calendar when there has been an adjourn- 7 ment in contemplation of dismissal and commit the defendant to custody; 8 or 9 (c) revoke a conditional discharge in accordance with section 410.70 10 of this chapter and impose probation supervision or impose a sentence of 11 imprisonment in accordance with the penal law based on the original 12 conviction; or 13 (d) revoke probation in accordance with section 410.70 of this chapter 14 and impose a sentence of imprisonment in accordance with the penal law 15 based on the original conviction. In addition, if the act which consti- 16 tutes the violation of the order of protection or temporary order of 17 protection is a crime or a violation the defendant may be charged with 18 and tried for that crime or violation. 19 § 32. Subdivision 8 of section 530.13 of the criminal procedure law, 20 as added by chapter 388 of the laws of 1984, paragraph (a) as amended by 21 section 13 of part JJJ of chapter 59 of the laws of 2019, is amended to 22 read as follows: 23 8. If a defendant is brought before the court for failure to obey any 24 lawful order issued under this section and if, after hearing, the court 25 is satisfied by competent proof that the defendant has willfully failed 26 to obey any such order, the court may: 27 (a) revoke an order of recognizance[,] or release under non-monetary 28 conditions [~~or bail~~] and commit the defendant to custody; or 29 (b) restore the case to the calendar when there has been an adjourn- 30 ment in contemplation of dismissal and commit the defendant to custody 31 [~~or impose or increase bail~~] pending a trial of the original crime or 32 violation; or 33 (c) revoke a conditional discharge in accordance with section 410.70 34 of this chapter and impose probation supervision or impose a sentence of 35 imprisonment in accordance with the penal law based on the original 36 conviction; or 37 (d) revoke probation in accordance with section 410.70 of this chapter 38 and impose a sentence of imprisonment in accordance with the penal law 39 based on the original conviction. In addition, if the act which consti- 40 tutes the violation of the order of protection or temporary order of 41 protection is a crime or a violation the defendant may be charged with 42 and tried for that crime or violation. 43 § 33. Section 530.20 of the criminal procedure law, as amended by 44 section 16 of part JJJ of chapter 59 of the laws of 2019, paragraph (a) 45 of subdivision 1 as amended by section 3, subparagraphs (xix) and (xx) 46 of paragraph (b) of subdivision 1 as amended and subparagraph (xxi) of 47 paragraph (b) of subdivision 1 as added by section 4 of subpart C of 48 part UU of chapter 56 of the laws of 2022, paragraph (b) of subdivision 49 1 as amended by section 3 of part UU of chapter 56 of the laws of 2020, 50 is amended to read as follows: 51 § 530.20 Securing order by local criminal court when action is pending 52 therein. 53 When a criminal action is pending in a local criminal court, such 54 court, upon application of a defendant, shall proceed as follows: 55 1. (a) In cases other than as described in paragraph (b) of this 56 subdivision the court shall release the principal pending trial on the

S. 5973 23 1 principal's own recognizance, unless [~~the court finds on the record or~~ 2 ~~in writing that release on the principal's own recognizance will not~~ 3 ~~reasonably assure the principal's return to court~~] it is demonstrated 4 and the court makes an individualized determination that the principal 5 poses a risk of flight to avoid prosecution or poses a danger to them- 6 selves, another person or the community as a whole. [~~In such instances,~~ 7 ~~the court shall release the principal under non-monetary conditions,~~ 8 ~~selecting the least restrictive alternative and conditions that will~~ 9 ~~reasonably assure the principal's return to court.~~] The court shall 10 explain its choice of alternative and conditions on the record or in 11 writing. In making its determination, the court must consider and take 12 into account available information about the principal, including: 13 (i) the principal's character, reputation, habits, mental condition, 14 activities and history; 15 (ii) if the principal is a defendant, the charges facing the principal 16 and the weight of the evidence against him or her in the pending crimi- 17 nal action and any other factor indicating the probability or improba- 18 bility of conviction; 19 (iii) the principal's criminal conviction record if any; 20 (iv) the principal's record of previous adjudication as a juvenile 21 delinquent, as retained pursuant to section 354.1 of the family court 22 act, or of pending cases where fingerprints are retained pursuant to 23 section 306.1 of such act, or a youthful offender, if any; 24 (v) the principal's previous record in complying with court orders, 25 including orders to appear when required, or with respect to flight to 26 avoid criminal prosecution; 27 (vi) [~~if monetary bail is authorized, according to the restrictions~~ 28 ~~set forth in this title, the principal's individual financial circum-~~ 29 ~~stances, and, in cases where bail is authorized, the principal's ability~~ 30 ~~to post bail without posing undue hardship, as well as his or her abili-~~ 31 ~~ty to obtain a secured, unsecured, or partially secured bond;~~ 32 ~~(vii)~~] any violation by the principal of an order of protection issued 33 by any court; 34 [~~(viii)~~] (vii) the principal's history and use or possession of a 35 firearm; 36 [~~(ix)~~] (viii) whether the charge is alleged to have caused serious 37 harm to an individual or group of individuals; and 38 [~~(x)~~] (ix) if the principal is a defendant, in the case of an applica- 39 tion for a securing order pending appeal, the merit or lack of merit of 40 the appeal. 41 (b) Where the principal stands charged with [~~a qualifying offense~~] a 42 felony, except a class E felony under title J or K of the penal law, or 43 a qualifying misdemeanor, or where the court has found that committing 44 the principal to the custody of the sheriff is warranted under subdivi- 45 sion two of this section, the court[,] unless otherwise prohibited [by 46 ~~law,~~] may in its discretion release the principal pending trial on the 47 principal's own recognizance or under non-monetary conditions, [~~fix~~ 48 ~~bail,~~] or, where the defendant is charged with a qualifying offense 49 which is a felony, the court may commit the principal to the custody of 50 the sheriff. The court shall explain its choice of release, release with 51 conditions, [~~bail~~] or remand on the record or in writing. A principal 52 stands charged with a qualifying offense when he or she stands charged 53 with: 54 (i) [~~a felony enumerated in section 70.02 of the penal law, other than~~ 55 ~~robbery in the second degree as defined in subdivision one of section~~ 56 ~~160.10 of the penal law, provided, however, that burglary in the second~~

S. 5973 24 1 ~~degree as defined in subdivision two of section 140.25 of the penal law~~ 2 ~~shall be a qualifying offense only where the defendant is charged with~~ 3 ~~entering the living area of the dwelling;~~ 4 ~~(ii) a crime involving witness intimidation under section 215.15 of~~ 5 ~~the penal law;~~ 6 ~~(iii) a crime involving witness tampering under section 215.11, 215.12~~ 7 ~~or 215.13 of the penal law;~~ 8 ~~(iv) a class A felony defined in the penal law, provided, that for~~ 9 ~~class A felonies under article two hundred twenty of such law, only~~ 10 ~~class A-I felonies shall be a qualifying offense;~~ 11 ~~(v) a sex trafficking offense defined in section 230.34 or 230.34-a of~~ 12 ~~the penal law, or a felony sex offense defined in section 70.80 of the~~ 13 ~~penal law or a crime involving incest as defined in section 255.25,~~ 14 ~~255.26 or 255.27 of such law, or a misdemeanor defined in article one~~ 15 ~~hundred thirty of such law;~~ 16 ~~(vi) conspiracy in the second degree as defined in section 105.15 of~~ 17 ~~the penal law, where the underlying allegation of such charge is that~~ 18 ~~the defendant conspired to commit a class A felony defined in article~~ 19 ~~one hundred twenty-five of the penal law;~~ 20 ~~(vii) money laundering in support of terrorism in the first degree as~~ 21 ~~defined in section 470.24 of the penal law; money laundering in support~~ 22 ~~of terrorism in the second degree as defined in section 470.23 of the~~ 23 ~~penal law; money laundering in support of terrorism in the third degree~~ 24 ~~as defined in section 470.22 of the penal law; money laundering in~~ 25 ~~support of terrorism in the fourth degree as defined in section 470.21~~ 26 ~~of the penal law; or a felony crime of terrorism as defined in article~~ 27 ~~four hundred ninety of the penal law, other than the crime defined in~~ 28 ~~section 490.20 of such law;~~ 29 ~~(viii) criminal contempt in the second degree as defined in subdivi-~~ 30 ~~sion three of section 215.50 of the penal law, criminal contempt in the~~ 31 ~~first degree as defined in subdivision (b), (c) or (d) of section 215.51~~ 32 ~~of the penal law or aggravated criminal contempt as defined in section~~ 33 ~~215.52 of the penal law, and the underlying allegation of such charge of~~ 34 ~~criminal contempt in the second degree, criminal contempt in the first~~ 35 ~~degree or aggravated criminal contempt is that the defendant violated a~~ 36 ~~duly served order of protection where the protected party is a member of~~ 37 ~~the defendant's same family or household as defined in subdivision one~~ 38 ~~of section 530.11 of this article;~~ 39 ~~(ix) facilitating a sexual performance by a child with a controlled~~ 40 ~~substance or alcohol as defined in section 263.30 of the penal law, use~~ 41 ~~of a child in a sexual performance as defined in section 263.05 of the~~ 42 ~~penal law or luring a child as defined in subdivision one of section~~ 43 ~~120.70 of the penal law, promoting an obscene sexual performance by a~~ 44 ~~child as defined in section 263.10 of the penal law or promoting a sexu-~~ 45 ~~al performance by a child as defined in section 263.15 of the penal law;~~ 46 ~~(x) any crime that is alleged to have caused the death of another~~ 47 ~~person;~~ 48 ~~(xi) criminal obstruction of breathing or blood circulation as defined~~ 49 ~~in section 121.11 of the penal law, strangulation in the second degree~~ 50 ~~as defined in section 121.12 of the penal law or unlawful imprisonment~~ 51 ~~in the first degree as defined in section 135.10 of the penal law, and~~ 52 ~~is alleged to have committed the offense against a member of the defend-~~ 53 ~~ant's same family or household as defined in subdivision one of section~~ 54 ~~530.11 of this article;~~

S. 5973 25 1 ~~(xii) aggravated vehicular assault as defined in section 120.04-a of~~ 2 ~~the penal law or vehicular assault in the first degree as defined in~~ 3 ~~section 120.04 of the penal law;~~ 4 ~~(xiii) assault in the third degree as defined in section 120.00 of the~~ 5 ~~penal law or arson in the third degree as defined in section 150.10 of~~ 6 ~~the penal law, when such crime is charged as a hate crime as defined in~~ 7 ~~section 485.05 of the penal law;~~ 8 ~~(xiv) aggravated assault upon a person less than eleven years old as~~ 9 ~~defined in section 120.12 of the penal law or criminal possession of a~~ 10 ~~weapon on school grounds as defined in section 265.01-a of the penal~~ 11 ~~law;~~ 12 ~~(xv) grand larceny in the first degree as defined in section 155.42 of~~ 13 ~~the penal law, enterprise corruption as defined in section 460.20 of the~~ 14 ~~penal law, or money laundering in the first degree as defined in section~~ 15 ~~470.20 of the penal law;~~ 16 ~~(xvi) failure to register as a sex offender pursuant to section one~~ 17 ~~hundred sixty-eight-t of the correction law or endangering the welfare~~ 18 ~~of a child as defined in subdivision one of section 260.10 of the penal~~ 19 ~~law, where the defendant is required to maintain registration under~~ 20 ~~article six-C of the correction law and designated a level three offen-~~ 21 ~~der pursuant to subdivision six of section one hundred sixty-eight-l of~~ 22 ~~the correction law;~~ 23 ~~(xvii) a crime involving bail jumping under section 215.55, 215.56 or~~ 24 ~~215.57 of the penal law, or a crime involving escaping from custody~~ 25 ~~under section 205.05, 205.10 or 205.15 of the penal law;~~ 26 ~~(xviii) any felony offense committed by the principal while serving a~~ 27 ~~sentence of probation or while released to post release supervision;~~ 28 ~~(xix) a felony, where the defendant qualifies for sentencing on such~~ 29 ~~charge as a persistent felony offender pursuant to section 70.10 of the~~ 30 ~~penal law;~~ 31 ~~(xx) any felony or class A misdemeanor involving harm to an identifi-~~ 32 ~~able person or property, or any charge of criminal possession of a~~ 33 ~~firearm as defined in section 265.01-b of the penal law where such~~ 34 ~~charge arose from conduct occurring while the defendant was released on~~ 35 ~~his or her own recognizance, released under conditions, or had yet to be~~ 36 ~~arraigned after the issuance of a desk appearance ticket for a separate~~ 37 ~~felony or class A misdemeanor involving harm to an identifiable person~~ 38 ~~or property, provided, however, that the prosecutor must show reasonable~~ 39 ~~cause to believe that the defendant committed the instant crime and any~~ 40 ~~underlying crime. For the purposes of this subparagraph, any of the~~ 41 ~~underlying crimes need not be a qualifying offense as defined in this~~ 42 ~~subdivision. For the purposes of this paragraph, "harm to an identifi-~~ 43 ~~able person or property" shall include but not be limited to theft of or~~ 44 ~~damage to property. However, based upon a review of the facts alleged in~~ 45 ~~the accusatory instrument, if the court determines that such theft is~~ 46 ~~negligible and does not appear to be in furtherance of other criminal~~ 47 ~~activity, the principal shall be released on his or her own recognizance~~ 48 ~~or under appropriate non-monetary conditions; or~~ 49 ~~(xxi) criminal possession of a weapon in the third degree as defined~~ 50 ~~in subdivision three of section 265.02 of the penal law or criminal sale~~ 51 ~~of a firearm to a minor as defined in section 265.16 of the penal law~~] 52 witness tampering in the fourth degree as defined in section 215.10 of 53 the penal law; 54 (ii) a misdemeanor under article one hundred thirty of the penal law; 55 (iii) conspiracy in the fifth degree as defined in section 105.05 of 56 the penal law where the underlying allegations of such charge is that

S. 5973 26 1 the defendant conspired to commit a felony or misdemeanor that otherwise 2 qualifies for bail; 3 (iv) criminal contempt in the second degree as defined in subdivision 4 three of section 215.50 of the penal law; 5 (v) a specified offense enumerated in subdivision two of section 6 240.75 of the penal law where such offense is alleged to have been 7 committed against a member of the defendant's same family or household 8 as defined in subdivision one of section 530.11 of this title; 9 (vi) any misdemeanor when such crime is charged as a hate crime as 10 defined in section 485.05 of the penal law; 11 (vii) bail jumping in the third degree as defined in section 215.55 of 12 the penal law; 13 (viii) escape in the third degree as defined in section 205.05 of the 14 penal law; 15 (ix) any misdemeanor involving intentionally causing harm to another 16 person or an animal; 17 (x) any misdemeanor involving the use and possession of a firearm, 18 shotgun or rifle; 19 (xi) any class A misdemeanor where such charge arose from conduct 20 while the defendant was released on his or her own recognizance, 21 released under conditions or had yet to be arraigned after the issuance 22 of a desk appearance ticket for a separate offense; 23 (xii) any other offense that the division of criminal justice services 24 has identified pursuant to article fifty of the executive law. 25 [~~(d) Notwithstanding the provisions of paragraphs (a) and (b) of this~~ 26 ~~subdivision, with respect to any charge for which bail or remand is not~~ 27 ~~ordered, and for which the court would not or could not otherwise~~ 28 ~~require bail or remand, a defendant may, at any time, request that the~~ 29 ~~court set bail in a nominal amount requested by the defendant in the~~ 30 ~~form specified in paragraph (a) of subdivision one of section 520.10 of~~ 31 ~~this title; if the court is satisfied that the request is voluntary, the~~ 32 ~~court shall set such bail in such amount.~~] 33 2. Where a defendant is charged with an offense that does not qualify 34 for pretrial detention under subdivision four of this section, the court 35 may commit the principal to the custody of the sheriff if the court 36 makes an individualized determination that the principal poses a 37 substantial risk of harm to themselves, others or the community as a 38 whole, or where the court determines that the defendant has an estab- 39 lished history of disobeying directives of the court. 40 (a) The court may consider the following factors when determining 41 whether a principal poses a risk of harm: 42 (i) the nature of the principal's prior convictions, including whether 43 the principal has been convicted of any violent felonies listed in 44 section 70.02 of the penal law; 45 (ii) the principal's access to weapons; 46 (iii) whether the principal has any association with a criminal street 47 gang, as defined in section 10-170 of the administrative code of the 48 city of New York or a criminal enterprise, as defined in section 460.10 49 of the penal law; and 50 (iv) any history of threats or intimidation to witnesses in prior 51 criminal proceedings. 52 (b) The court may consider the following factors when determining 53 whether a principal has an established history of disobeying directives 54 of the court: 55 (i) any history of bench warrants failures to appear; 56 (ii) previous violation of orders of protection;

S. 5973 27 1 (iii) any history of rearrests while other charges are pending; and 2 (iv) any history of witness intimidation or tampering. 3 3. When the defendant is charged, by felony complaint, with a felony, 4 the court may, in its discretion, order recognizance, release under 5 non-monetary conditions, [~~or, where authorized, bail~~] or commit the 6 defendant to the custody of the sheriff except as otherwise provided in 7 subdivision one of this section or this subdivision: 8 (a) A city court, a town court or a village court may not order recog- 9 nizance [~~or bail~~] when (i) the defendant is charged with a class A felo- 10 ny, or (ii) the defendant has two previous felony convictions; 11 (b) No local criminal court may order recognizance[,] or release under 12 non-monetary conditions [~~or bail~~] with respect to a defendant charged 13 with a felony unless and until: 14 (i) The district attorney has been heard in the matter or, after know- 15 ledge or notice of the application and reasonable opportunity to be 16 heard, has failed to appear at the proceeding or has otherwise waived 17 his right to do so; and 18 (ii) The court and counsel for the defendant have been furnished with 19 a report of the division of criminal justice services concerning the 20 defendant's criminal record, if any, or with a police department report 21 with respect to the defendant's prior arrest and conviction record, if 22 any. If neither report is available, the court, with the consent of the 23 district attorney, may dispense with this requirement; provided, howev- 24 er, that in an emergency, including but not limited to a substantial 25 impairment in the ability of such division or police department to time- 26 ly furnish such report, such consent shall not be required if, for 27 reasons stated on the record, the court deems it unnecessary. When the 28 court has been furnished with any such report or record, it shall 29 furnish a copy thereof to counsel for the defendant or, if the defendant 30 is not represented by counsel, to the defendant. 31 § 34. Section 530.30 of the criminal procedure law, the section head- 32 ing and subdivisions 1 and 2 as amended by section 17 of part JJJ of 33 chapter 59 of the laws of 2019, is amended to read as follows: 34 § 530.30 Order of recognizance[,] or release under non-monetary condi- 35 tions [~~or bail~~]; by superior court judge when action is pend- 36 ing in local criminal court. 37 1. When a criminal action is pending in a local criminal court, other 38 than one consisting of a superior court judge sitting as such, a judge 39 of a superior court holding a term thereof in the county, upon applica- 40 tion of a defendant, may order recognizance[,] or release under non-mon- 41 etary conditions [~~or, where authorized, bail~~] when such local criminal 42 court: 43 (a) Lacks authority to issue such an order, pursuant to the relevant 44 provisions of section 530.20 of this article; or 45 (b) Has denied an application for recognizance[,] or release under 46 non-monetary conditions [~~or bail~~]; or 47 (c) [~~Has fixed bail, where authorized, which is excessive; or~~ 48 ~~(d)~~] Has set a securing order of release under non-monetary conditions 49 which are more restrictive than necessary to reasonably assure the 50 defendant's return to court. 51 In such case, such superior court judge may vacate the order of such 52 local criminal court and release the defendant on recognizance or under 53 non-monetary conditions[~~, or where authorized, fix bail in a lesser~~ 54 ~~amount or in a less burdensome form, whichever are the least restrictive~~ 55 ~~alternative and conditions that will reasonably assure the defendant's~~ 56 ~~return to court~~]. The court must make an individualized determination

S. 5973 28 1 that any conditions imposed are necessary to secure the principal's 2 return to court when required or mitigate the risk of danger to the 3 principal, another person or the community. The court shall explain its 4 choice of alternative and conditions on the record or in writing. 5 2. Notwithstanding the provisions of subdivision one of this section, 6 when the defendant is charged with a felony in a local criminal court, a 7 superior court judge may not order recognizance[,] or release under 8 non-monetary conditions [~~or, where authorized, bail~~] unless and until 9 the district attorney has had an opportunity to be heard in the matter 10 and such judge and counsel for the defendant have been furnished with a 11 report as described in subparagraph (ii) of paragraph (b) of subdivision 12 [~~two~~] three of section 530.20 of this article. 13 3. Not more than one application may be made pursuant to this section. 14 § 35. Section 530.40 of the criminal procedure law, as amended by 15 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision 3 16 as amended by section 3 of subpart B of part UU of chapter 56 of the 17 laws of 2022, subdivision 4 as amended by section 4 of part UU of chap- 18 ter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision 4 as 19 amended and paragraph (u) as added by section 4 of subpart B of part UU 20 of chapter 56 of the laws of 2022, is amended to read as follows: 21 § 530.40 Order of recognizance[,] or release under non-monetary condi- 22 tions [~~or bail~~]; by superior court when action is pending 23 therein. 24 When a criminal action is pending in a superior court, such court, 25 upon application of a defendant, must or may order recognizance [or 26 ~~bail~~] as follows: 27 1. When the defendant is charged with an offense or offenses of less 28 than felony grade only, the court must, unless otherwise provided by 29 law, order recognizance or release under non-monetary conditions in 30 accordance with this section. 31 2. When the defendant is charged with a felony, the court may, unless 32 otherwise provided by law in its discretion, order recognizance, release 33 under non-monetary conditions or, where authorized, [~~bail~~] committing 34 the principal to the custody of the sheriff. In any such case in which 35 an indictment (a) has resulted from an order of a local criminal court 36 holding the defendant for the action of the grand jury, or (b) was filed 37 at a time when a felony complaint charging the same conduct was pending 38 in a local criminal court, and in which such local criminal court or a 39 superior court judge has issued an order of recognizance, release under 40 non-monetary conditions or, where authorized, [~~bail~~] committing the 41 principal to the custody of the sheriff which is still effective, the 42 superior court's order may be in the form of a direction continuing the 43 effectiveness of the previous order. 44 3. In cases other than as described in subdivision four of this 45 section the court shall release the principal pending trial on the prin- 46 cipal's own recognizance, unless [~~the court finds on the record or in~~ 47 ~~writing that release on the principal's own recognizance will not~~ 48 ~~reasonably assure the principal's return to court~~] it is demonstrated 49 and the court makes an individualized determination that the principal 50 poses a risk of flight to avoid prosecution or poses a danger to them- 51 selves, another person, or the community as a whole. [~~In such instances,~~ 52 ~~the court shall release the principal under non-monetary conditions,~~ 53 ~~selecting the least restrictive alternative and conditions that will~~ 54 ~~reasonably assure the principal's return to court.~~] The court shall 55 explain its choice of alternative and conditions on the record or in

S. 5973 29 1 writing. In making its determination, the court must consider and take 2 into account available information about the principal, including: 3 (a) the principal's character, reputation, habits, mental condition, 4 activities and history; 5 (b) if the principal is a defendant, the charges facing the principal 6 and the weight of the evidence against him or her in the pending crimi- 7 nal action and any other factor indicating the probability or improba- 8 bility of conviction; 9 (c) the principal's criminal conviction record if any; 10 (d) the principal's record of previous adjudication as a juvenile 11 delinquent, as retained pursuant to section 354.1 of the family court 12 act, or of pending cases where fingerprints are retained pursuant to 13 section 306.1 of such act, or a youthful offender, if any; 14 (e) the principal's previous record in complying with court orders, 15 including orders to appear when required, or with respect to flight to 16 avoid criminal prosecution; 17 (f) [~~if monetary bail is authorized, according to the restrictions set~~ 18 ~~forth in this title, the principal's individual financial circumstances,~~ 19 ~~and, in cases where bail is authorized, the principal's ability to post~~ 20 ~~bail without posing undue hardship, as well as his or her ability to~~ 21 ~~obtain a secured, unsecured, or partially secured bond;~~ 22 ~~(g)~~] any violation by the principal of an order of protection issued 23 by any court; 24 [~~(h)~~] (g) the principal's history and use or possession of a firearm; 25 [~~(i)~~] (h) whether the charge is alleged to have caused serious harm to 26 an individual or group of individuals; and 27 [~~(j)~~] (i) if the principal is a defendant, in the case of an applica- 28 tion for a securing order pending appeal, the merit or lack of merit of 29 the appeal. 30 4. Where the principal stands charged with a [~~qualifying offense~~] 31 felony, except a class E felony under title J or K of the penal law, or 32 a qualifying misdemeanor, or where the court has found that committing 33 the principal to the custody of the sheriff is warranted under subdivi- 34 sion two of this section, the court, unless otherwise prohibited by 35 law[,] may in its discretion release the principal pending trial on the 36 principal's own recognizance or under non-monetary conditions, [~~fix~~ 37 ~~bail, or, where the defendant is charged with a qualifying offense which~~ 38 ~~is a felony, the court may~~] or commit the principal to the custody of 39 the sheriff. The court shall explain its choice of release, release with 40 conditions[~~, bail~~] or remand on the record or in writing. A principal 41 stands charged with a qualifying offense for the purposes of this subdi- 42 vision when he or she stands charged with: 43 (a) [~~a felony enumerated in section 70.02 of the penal law, other than~~ 44 ~~robbery in the second degree as defined in subdivision one of section~~ 45 ~~160.10 of the penal law, provided, however, that burglary in the second~~ 46 ~~degree as defined in subdivision two of section 140.25 of the penal law~~ 47 ~~shall be a qualifying offense only where the defendant is charged with~~ 48 ~~entering the living area of the dwelling;~~ 49 ~~(b) a crime involving witness intimidation under section 215.15 of the~~ 50 ~~penal law;~~ 51 ~~(c) a crime involving witness tampering under section 215.11, 215.12~~ 52 ~~or 215.13 of the penal law;~~ 53 ~~(d) a class A felony defined in the penal law, provided that for class~~ 54 ~~A felonies under article two hundred twenty of such law, only class A-I~~ 55 ~~felonies shall be a qualifying offense;~~

S. 5973 30 1 ~~(e) a sex trafficking offense defined in section 230.34 or 230.34-a of~~ 2 ~~the penal law, or a felony sex offense defined in section 70.80 of the~~ 3 ~~penal law or a crime involving incest as defined in section 255.25,~~ 4 ~~255.26 or 255.27 of such law, or a misdemeanor defined in article one~~ 5 ~~hundred thirty of such law;~~ 6 ~~(f) conspiracy in the second degree as defined in section 105.15 of~~ 7 ~~the penal law, where the underlying allegation of such charge is that~~ 8 ~~the defendant conspired to commit a class A felony defined in article~~ 9 ~~one hundred twenty-five of the penal law;~~ 10 ~~(g) money laundering in support of terrorism in the first degree as~~ 11 ~~defined in section 470.24 of the penal law; money laundering in support~~ 12 ~~of terrorism in the second degree as defined in section 470.23 of the~~ 13 ~~penal law; money laundering in support of terrorism in the third degree~~ 14 ~~as defined in section 470.22 of the penal law; money laundering in~~ 15 ~~support of terrorism in the fourth degree as defined in section 470.21~~ 16 ~~of the penal law; or a felony crime of terrorism as defined in article~~ 17 ~~four hundred ninety of the penal law, other than the crime defined in~~ 18 ~~section 490.20 of such law;~~ 19 ~~(h) criminal contempt in the second degree as defined in subdivision~~ 20 ~~three of section 215.50 of the penal law, criminal contempt in the first~~ 21 ~~degree as defined in subdivision (b), (c) or (d) of section 215.51 of~~ 22 ~~the penal law or aggravated criminal contempt as defined in section~~ 23 ~~215.52 of the penal law, and the underlying allegation of such charge of~~ 24 ~~criminal contempt in the second degree, criminal contempt in the first~~ 25 ~~degree or aggravated criminal contempt is that the defendant violated a~~ 26 ~~duly served order of protection where the protected party is a member of~~ 27 ~~the defendant's same family or household as defined in subdivision one~~ 28 ~~of section 530.11 of this article;~~ 29 ~~(i) facilitating a sexual performance by a child with a controlled~~ 30 ~~substance or alcohol as defined in section 263.30 of the penal law, use~~ 31 ~~of a child in a sexual performance as defined in section 263.05 of the~~ 32 ~~penal law or luring a child as defined in subdivision one of section~~ 33 ~~120.70 of the penal law, promoting an obscene sexual performance by a~~ 34 ~~child as defined in section 263.10 of the penal law or promoting a sexu-~~ 35 ~~al performance by a child as defined in section 263.15 of the penal law;~~ 36 ~~(j) any crime that is alleged to have caused the death of another~~ 37 ~~person;~~ 38 ~~(k) criminal obstruction of breathing or blood circulation as defined~~ 39 ~~in section 121.11 of the penal law, strangulation in the second degree~~ 40 ~~as defined in section 121.12 of the penal law or unlawful imprisonment~~ 41 ~~in the first degree as defined in section 135.10 of the penal law, and~~ 42 ~~is alleged to have committed the offense against a member of the defend-~~ 43 ~~ant's same family or household as defined in subdivision one of section~~ 44 ~~530.11 of this article;~~ 45 ~~(l) aggravated vehicular assault as defined in section 120.04-a of the~~ 46 ~~penal law or vehicular assault in the first degree as defined in section~~ 47 ~~120.04 of the penal law;~~ 48 ~~(m) assault in the third degree as defined in section 120.00 of the~~ 49 ~~penal law or arson in the third degree as defined in section 150.10 of~~ 50 ~~the penal law, when such crime is charged as a hate crime as defined in~~ 51 ~~section 485.05 of the penal law;~~ 52 ~~(n) aggravated assault upon a person less than eleven years old as~~ 53 ~~defined in section 120.12 of the penal law or criminal possession of a~~ 54 ~~weapon on school grounds as defined in section 265.01-a of the penal~~ 55 ~~law;~~

S. 5973 31 1 ~~(o) grand larceny in the first degree as defined in section 155.42 of~~ 2 ~~the penal law, enterprise corruption as defined in section 460.20 of the~~ 3 ~~penal law, or money laundering in the first degree as defined in section~~ 4 ~~470.20 of the penal law;~~ 5 ~~(p) failure to register as a sex offender pursuant to section one~~ 6 ~~hundred sixty-eight-t of the correction law or endangering the welfare~~ 7 ~~of a child as defined in subdivision one of section 260.10 of the penal~~ 8 ~~law, where the defendant is required to maintain registration under~~ 9 ~~article six-C of the correction law and designated a level three offen-~~ 10 ~~der pursuant to subdivision six of section one hundred sixty-eight-l of~~ 11 ~~the correction law;~~ 12 ~~(q) a crime involving bail jumping under section 215.55, 215.56 or~~ 13 ~~215.57 of the penal law, or a crime involving escaping from custody~~ 14 ~~under section 205.05, 205.10 or 205.15 of the penal law;~~ 15 ~~(r) any felony offense committed by the principal while serving a~~ 16 ~~sentence of probation or while released to post release supervision;~~ 17 ~~(s) a felony, where the defendant qualifies for sentencing on such~~ 18 ~~charge as a persistent felony offender pursuant to section 70.10 of the~~ 19 ~~penal law;~~ 20 ~~(t) any felony or class A misdemeanor involving harm to an identifi-~~ 21 ~~able person or property, or any charge of criminal possession of a~~ 22 ~~firearm as defined in section 265.01-b of the penal law, where such~~ 23 ~~charge arose from conduct occurring while the defendant was released on~~ 24 ~~his or her own recognizance, released under conditions, or had yet to be~~ 25 ~~arraigned after the issuance of a desk appearance ticket for a separate~~ 26 ~~felony or class A misdemeanor involving harm to an identifiable person~~ 27 ~~or property, or any charge of criminal possession of a firearm as~~ 28 ~~defined in section 265.01-b of the penal law, provided, however, that~~ 29 ~~the prosecutor must show reasonable cause to believe that the defendant~~ 30 ~~committed the instant crime and any underlying crime. For the purposes~~ 31 ~~of this subparagraph, any of the underlying crimes need not be a quali-~~ 32 ~~fying offense as defined in this subdivision. For the purposes of this~~ 33 ~~paragraph, "harm to an identifiable person or property" shall include~~ 34 ~~but not be limited to theft of or damage to property. However, based~~ 35 ~~upon a review of the facts alleged in the accusatory instrument, if the~~ 36 ~~court determines that such theft is negligible and does not appear to be~~ 37 ~~in furtherance of other criminal activity, the principal shall be~~ 38 ~~released on his or her own recognizance or under appropriate non-mone-~~ 39 ~~tary conditions; or~~ 40 ~~(u) criminal possession of a weapon in the third degree as defined in~~ 41 ~~subdivision three of section 265.02 of the penal law or criminal sale of~~ 42 ~~a firearm to a minor as defined in section 265.16 of the penal law~~] 43 witness tampering in the fourth degree as defined in section 215.10 of 44 the penal law; 45 (b) a misdemeanor under article one hundred thirty of the penal law; 46 (c) conspiracy in the fifth degree as defined in section 105.05 of the 47 penal law where the underlying allegations of such charge is that the 48 defendant conspired to commit a felony or misdemeanor that otherwise 49 qualifies for bail; 50 (d) criminal contempt in the second degree as defined in subdivision 51 three of section 215.50 of the penal law; 52 (e) a specified offense enumerated in subdivision two of section 53 240.75 of the penal law where such offense is alleged to have been 54 committed against a member of the defendant's same family or household 55 as defined in subdivision one of section 530.11 of this title;

S. 5973 32 1 (f) any misdemeanor when such crime is charged as a hate crime as 2 defined in section 485.05 of the penal law; 3 (g) bail jumping in the third degree as defined in section 215.55 of 4 the penal law; 5 (h) escape in the third degree as defined in section 205.05 of the 6 penal law; 7 (i) any misdemeanor involving intentionally causing harm to another 8 person or an animal; 9 (j) any misdemeanor involving the use and possession of a firearm, 10 shotgun or rifle; 11 (k) any class A misdemeanor where such charge arose from conduct while 12 the defendant was released on his or her own recognizance, released 13 under conditions or had yet to be arraigned after the issuance of a desk 14 appearance ticket for a separate offense; or 15 (l) any other offense that the division of criminal justice services 16 has identified pursuant to article fifty of the executive law. 17 5. [~~Notwithstanding the provisions of subdivisions three and four of~~ 18 ~~this section, with respect to any charge for which bail or remand is not~~ 19 ~~ordered, and for which the court would not or could not otherwise~~ 20 ~~require bail or remand, a defendant may, at any time, request that the~~ 21 ~~court set bail in a nominal amount requested by the defendant in the~~ 22 ~~form specified in paragraph (a) of subdivision one of section 520.10 of~~ 23 ~~this title; if the court is satisfied that the request is voluntary, the~~ 24 ~~court shall set such bail in such amount~~] Where a defendant is charged 25 with an offense that does not qualify for pretrial detention under 26 subdivision four of this section, the court may commit the principal to 27 the custody of the sheriff if the court makes an individualized determi- 28 nation that the principal poses a substantial risk of harm to them- 29 selves, others or the community as a whole, or where the court deter- 30 mines that the defendant has an established history of disobeying 31 directives of the court. 32 (a) The court may consider the following factors when determining 33 whether a principal poses a risk of harm: 34 (i) the nature of the principal's prior convictions, including whether 35 the principal has been convicted of any violent felonies listed in 36 section 70.02 of the penal law; 37 (ii) the principal's access to weapons; 38 (iii) whether the principal has any association with a criminal street 39 gang, as defined in section 10-170 of the administrative code of the 40 city of New York or a criminal enterprise, as defined in section 460.10 41 of the penal law; and 42 (iv) any history of threats or intimidation to witnesses in prior 43 criminal proceedings. 44 (b) The court may consider the following factors when determining 45 whether a principal has an established history of disobeying directives 46 of the court: 47 (i) any history of bench warrants failures to appear; 48 (ii) previous violation of orders of protection; 49 (iii) any history of rearrests while other charges are pending; and 50 (iv) any history of witness intimidation or tampering. 51 6. Notwithstanding the provisions of subdivisions two, three and four 52 of this section, a superior court may not order recognizance, release 53 under non-monetary conditions [~~or, where authorized, bail,~~] or permit a 54 defendant to remain at liberty pursuant to an existing order, after the 55 defendant has been convicted of either: (a) a class A felony or (b) any 56 class B or class C felony as defined in article one hundred thirty of

S. 5973 33 1 the penal law committed or attempted to be committed by a person eigh- 2 teen years of age or older against a person less than eighteen years of 3 age. In either case the court must commit or remand the defendant to the 4 custody of the sheriff. 5 7. Notwithstanding the provisions of subdivisions two, three and four 6 of this section, a superior court may not order recognizance[,] or 7 release under non-monetary conditions [~~or, where authorized, bail~~] when 8 the defendant is charged with a felony unless and until the district 9 attorney has had an opportunity to be heard in the matter and such court 10 and counsel for the defendant have been furnished with a report as 11 described in subparagraph (ii) of paragraph (b) of subdivision [~~two~~] 12 three of section 530.20 of this article. 13 § 36. The section heading and subdivision 1 of section 530.45 of the 14 criminal procedure law, the section heading as added by chapter 435 of 15 the laws of 1974, subdivision 1 as amended by section 19 of part JJJ of 16 chapter 59 of the laws of 2019, are amended to read as follows: 17 Order of recognizance [~~or bail~~] non-monetary conditions; after 18 conviction and before sentence. 19 1. When the defendant is at liberty in the course of a criminal action 20 as a result of a prior order of recognizance[,] or release under non- 21 monetary conditions [~~or bail~~] and the court revokes such order and then, 22 where authorized, [~~fixes no bail or fixes bail in a greater amount or in~~ 23 ~~a more burdensome form than was previously fixed and~~] remands or commits 24 defendant to the custody of the sheriff, or issues a more restrictive 25 securing order, a judge designated in subdivision two of this section, 26 upon application of the defendant following conviction of an offense 27 other than a class A felony or a class B or class C felony offense as 28 defined in article one hundred thirty of the penal law committed or 29 attempted to be committed by a person eighteen years of age or older 30 against a person less than eighteen years of age, and before sentencing, 31 may issue a securing order and release the defendant on the defendant's 32 own recognizance, release the defendant under non-monetary conditions, 33 [~~or, where authorized, fix bail or fix bail in a lesser amount or in a~~ 34 ~~less burdensome form,~~] or issue a less restrictive securing order, than 35 fixed by the court in which the conviction was entered. 36 § 37. Section 530.50 of the criminal procedure law, as amended by 37 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi- 38 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 39 2020, subdivision 3 as added by section 4 of subpart D of part UU of 40 chapter 56 of the laws of 2022, is amended to read as follows: 41 § 530.50 Order of recognizance or [~~bail~~] non-monetary conditions; during 42 pendency of appeal. 43 1. A judge who is otherwise authorized pursuant to section 460.50 or 44 section 460.60 of this chapter to issue an order of recognizance or 45 [~~bail~~] non-monetary conditions pending the determination of an appeal, 46 may do so unless the defendant received a class A felony sentence or a 47 sentence for any class B or class C felony offense defined in article 48 one hundred thirty of the penal law committed or attempted to be commit- 49 ted by a person eighteen years of age or older against a person less 50 than eighteen years of age. 51 2. Notwithstanding the provisions of subdivision four of section 52 510.10 of this title, paragraph (b) of subdivision one of section 530.20 53 and subdivision four of section 530.40 of this [~~title~~] article, when a 54 defendant charged with an offense that is not such a qualifying offense 55 applies, pending determination of an appeal, for an order of recogni- 56 zance or release on non-monetary conditions, where authorized, [or

S. 5973 34 1 ~~fixing bail,~~] a judge identified in subdivision two of section 460.50 or 2 paragraph (a) of subdivision one of section 460.60 of this chapter may, 3 in accordance with law, and except as otherwise provided by law, issue a 4 securing order: releasing the defendant on the defendant's own recogni- 5 zance or under non-monetary conditions where authorized, [~~fixing bail,~~] 6 or remanding the defendant to the custody of the sheriff where author- 7 ized. 8 3. Where an appeal by the people has been taken from an order dismiss- 9 ing one or more counts of an accusatory instrument for failure to comply 10 with a discovery order pursuant to subdivision twelve of section 450.20 11 of this chapter and the defendant is charged with a qualifying offense 12 in the remaining counts in the accusatory instrument, pending determi- 13 nation of an appeal, the defendant may apply for an order of recogni- 14 zance or release on non-monetary conditions, where authorized[~~, or~~ 15 ~~fixing bail~~]. A judge identified in subdivision two of section 460.50 of 16 this chapter or paragraph (a) of subdivision one of section 460.60 of 17 this chapter may, in accordance with law, and except as otherwise 18 provided by law, issue a securing order releasing the defendant on the 19 defendant's own recognizance or under non-monetary conditions where 20 authorized, [~~fixing bail,~~] or remanding the defendant to the custody of 21 the sheriff where authorized. 22 § 38. Section 530.60 of the criminal procedure law, as amended by 23 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 24 read as follows: 25 § 530.60 Certain modifications of a securing order. 26 1. Whenever in the course of a criminal action or proceeding a defend- 27 ant is at liberty as a result of an order of recognizance[,] or release 28 under non-monetary conditions [~~or bail~~] issued pursuant to this chapter, 29 and the court considers it necessary to review such order, whether due 30 to a motion by the people or otherwise, the court may, and except as 31 provided in subdivision two of section 510.50 of this title concerning a 32 failure to appear in court, by a bench warrant if necessary, require the 33 defendant to appear before the court. Upon such appearance, the court, 34 for good cause shown, may revoke the order of recognizance[,] or release 35 under non-monetary conditions, [~~or bail~~] and commit the principal to the 36 custody of the sheriff. [~~If the defendant is entitled to recognizance,~~ 37 ~~release under non-monetary conditions, or bail as a matter of right, the~~ 38 ~~court must issue another such order. If the defendant is not, the court~~ 39 ~~may either issue such an order or commit the defendant to the custody of~~ 40 ~~the sheriff in accordance with this section.~~] 41 Where the defendant is committed to the custody of the sheriff and is 42 held on a felony complaint, a new period as provided in section 180.80 43 of this chapter shall commence to run from the time of the defendant's 44 commitment under this subdivision. 45 2. (a) Whenever in the course of a criminal action or proceeding a 46 defendant charged with the commission of a felony is at liberty as a 47 result of an order of recognizance[,] or release under non-monetary 48 conditions [~~or bail~~] issued pursuant to this article it shall be grounds 49 for revoking such order that the court finds reasonable cause to believe 50 the defendant committed one or more [~~specified class A or violent felony~~ 51 ~~offenses or intimidated a victim or witness in violation of section~~ 52 ~~215.15, 215.16 or 215.17 of the penal law~~] felony offenses or misdemea- 53 nor offenses enumerated in subdivision four of section 510.10 of this 54 title while at liberty. 55 (b) Except as provided in paragraph (a) of this subdivision or any 56 other law, whenever in the course of a criminal action or proceeding a

S. 5973 35 1 defendant charged with the commission of an offense is at liberty as a 2 result of an order of recognizance[,] or release under non-monetary 3 conditions [~~or bail~~] issued pursuant to this article it shall be grounds 4 for revoking such order and fixing bail in such criminal action or 5 proceeding when the court has found, by clear and convincing evidence, 6 that the defendant: 7 (i) persistently and willfully failed to appear after notice of sched- 8 uled appearances in the case before the court; or 9 (ii) violated an order of protection in the manner prohibited by 10 subdivision (b), (c) or (d) of section 215.51 of the penal law while at 11 liberty; or 12 (iii) stands charged in such criminal action or proceeding with a 13 misdemeanor or violation and, after being so charged, intimidated a 14 victim or witness in violation of section 215.15, 215.16 or 215.17 of 15 the penal law or tampered with a witness in violation of section 215.11, 16 215.12 or 215.13 of the penal law, [~~law~~] while at liberty; or 17 (iv) stands charged in such action or proceeding with a felony and, 18 after being so charged, committed a felony while at liberty. 19 (c) Before revoking an order of recognizance[,] or release under non- 20 monetary conditions, [~~or bail~~] pursuant to this subdivision, the court 21 must hold a hearing and shall receive any relevant, admissible evidence 22 not legally privileged. The defendant may cross-examine witnesses and 23 may present relevant, admissible evidence on his own behalf. Such hear- 24 ing may be consolidated with, and conducted at the same time as, a felo- 25 ny hearing conducted pursuant to article one hundred eighty of this 26 chapter. A transcript of testimony taken before the grand jury upon 27 presentation of the subsequent offense shall be admissible as evidence 28 during the hearing. The district attorney may move to introduce grand 29 jury testimony of a witness in lieu of that witness' appearance at the 30 hearing. 31 (d) Revocation of an order of recognizance[,] or release under non- 32 monetary conditions [~~or bail~~] and a new securing order [~~fixing bail~~] or 33 commitment, as specified in this paragraph and pursuant to this subdivi- 34 sion shall be for the following periods: 35 (i) Under paragraph (a) of this subdivision, revocation of the order 36 of recognizance[,] or release under non-monetary conditions [~~or, as the~~ 37 ~~case may be, bail~~], and a new securing order [~~fixing bail~~] or committing 38 the defendant to the custody of the sheriff shall be as follows: 39 (A) For a period not to exceed ninety days exclusive of any periods of 40 adjournment requested by the defendant; or 41 (B) Until the charges contained within the accusatory instrument have 42 been reduced or dismissed such that no count remains which charges the 43 defendant with commission of a felony; or 44 (C) Until reduction or dismissal of the charges contained within the 45 accusatory instrument charging the subsequent offense such that no count 46 remains which charges the defendant with commission of a class A or 47 violent felony offense. 48 Upon expiration of any of the three periods specified within this 49 subparagraph, whichever is shortest, the court may grant or deny release 50 upon an order of [~~bail or~~] recognizance in accordance with the 51 provisions of this article. Upon conviction to an offense the provisions 52 of [~~article five hundred thirty of~~] this [~~chapter~~] article shall apply; 53 and 54 (ii) Under paragraph (b) of this subdivision, revocation of the order 55 of recognizance[,] or release under non-monetary conditions [~~or, as the~~ 56 ~~case may be, bail~~] shall result in the issuance of a new securing order

S. 5973 36 1 which may, if otherwise authorized by law, permit the principal's 2 release on recognizance or release under non-monetary conditions, but 3 shall also render the defendant eligible for an order [~~fixing bail~~ 4 ~~provided, however, that in accordance with the principles in this title~~ 5 ~~the court must select the least restrictive alternative and condition or~~ 6 ~~conditions that will reasonably assure the principal's return to court~~] 7 of commitment to the custody of the sheriff. Nothing in this subpara- 8 graph shall be interpreted as shortening the period of detention, or 9 requiring or authorizing any less restrictive form of a securing order, 10 which may be imposed pursuant to any other law. 11 (e) Notwithstanding the provisions of paragraph (a) or (b) of this 12 subdivision a defendant, against whom a felony complaint has been filed 13 which charges the defendant with commission of a class A or violent 14 felony offense or violation of section 215.15, 215.16 or 215.17 of the 15 penal law committed while he was at liberty as specified therein, may be 16 committed to the custody of the sheriff pending a revocation hearing for 17 a period not to exceed seventy-two hours. An additional period not to 18 exceed seventy-two hours may be granted by the court upon application of 19 the district attorney upon a showing of good cause or where the failure 20 to commence the hearing was due to the defendant's request or occurred 21 with his consent. Such good cause must consist of some compelling fact 22 or circumstance which precluded conducting the hearing within the 23 initial prescribed period. 24 § 39. The section heading of section 530.70 of the criminal procedure 25 law is amended to read as follows: 26 Order of recognizance or [~~bail~~] non-monetary conditions; bench 27 warrant. 28 § 40. Section 530.80 of the criminal procedure law is REPEALED. 29 § 41. Article 540 of the criminal procedure law is REPEALED. 30 § 42. Subdivisions 2 and 3 of section 550.10 of the criminal procedure 31 law is amended to read as follows: 32 2. If the defendant has been arraigned in the action and, by virtue of 33 a securing order, is either in the custody of the sheriff or at liberty 34 within the state on his or her own recognizance or [~~on bail~~] under non- 35 monetary conditions, his or her attendance may be secured as follows: 36 (a) If the defendant is confined in the custody of the sheriff, the 37 court may direct the sheriff to produce him or her; 38 (b) If the defendant is at liberty within the state as a result of an 39 order releasing him or her on his or her own recognizance or [~~on bail~~] 40 under non-monetary conditions, the court may secure his or her attend- 41 ance by notification or by the issuance of a bench warrant. 42 3. If the defendant's attendance cannot be secured by methods 43 described in subdivisions one and two of this section, either because he 44 or she is outside the state or because [he] such defendant is confined 45 in an institution within the state as a result of an order issued in 46 some other action, proceeding or matter, his or her attendance may, 47 under indicated circumstances, be secured by procedures prescribed in 48 the ensuing articles of this title. 49 § 43. Section 570.36 of the criminal procedure law is amended to read 50 as follows: 51 § 570.36 Commitment to await requisition[~~; bail~~]. 52 If from the examination before the local criminal court it appears 53 that the person held is the person charged with having committed the 54 crime alleged, and, except in cases arising under section 570.14 or 55 570.16 of this article, that he or she has fled from justice, the local 56 criminal court must, by a warrant reciting the accusation, commit him or

S. 5973 37 1 her to the county jail for such a time not exceeding thirty days and 2 specified in the warrant, as will enable the arrest of the accused to be 3 made under a warrant of the governor on a requisition of the executive 4 authority of the state having jurisdiction of the offense[~~, unless the~~ 5 ~~accused gives bail as provided in the next section,~~] or until he or she 6 shall be legally discharged. 7 § 44. Section 570.38 of the criminal procedure law is REPEALED. 8 § 45. Section 570.40 of the criminal procedure law is amended to read 9 as follows: 10 § 570.40 Extension of time of commitment; adjournment. 11 If the accused is not arrested under warrant of the governor by the 12 expiration of the time specified in the warrant, bond or undertaking, a 13 local criminal court may discharge him or may recommit him for a further 14 period of sixty days, or for further periods not to exceed in the aggre- 15 gate sixty days[~~, or a supreme court justice or county judge may again~~ 16 ~~take bail for his appearance and surrender, as provided in section~~ 17 ~~570.38 but within a period not to exceed sixty days after the date of~~ 18 ~~such new bond or undertaking~~]. 19 § 46. Section 570.42 of the criminal procedure law is REPEALED. 20 § 47. Paragraph (c) of subdivision 3 of section 722.20 of the criminal 21 procedure law, as added by section 1-a of part WWW of chapter 59 of the 22 laws of 2017, is amended to read as follows: 23 (c) If there is not reasonable cause to believe that the defendant 24 committed any criminal act, the court must dismiss the felony complaint 25 and discharge the defendant from custody if he or she is in custody[~~, or~~ 26 ~~if he is at liberty on bail, it must exonerate the bail~~]. 27 § 48. Paragraph (c) of subdivision 3 of section 722.21 of the criminal 28 procedure law, as added by section 1-a of part WWW of chapter 59 of the 29 laws of 2017, is amended to read as follows: 30 (c) If there is not reasonable cause to believe that the defendant 31 committed any criminal act, the court must dismiss the felony complaint 32 and discharge the defendant from custody if he or she is in custody[~~, or~~ 33 ~~if he is at liberty on bail, it must exonerate the bail~~]. 34 § 49. Subdivision 2 of section 730.20 of the criminal procedure law is 35 amended to read as follows: 36 2. When the defendant is not in custody at the time a court issues an 37 order of examination, because he or she was theretofore released [on 38 ~~bail or~~] on his or her own recognizance or under non-monetary 39 conditions, the court may direct that the examination be conducted on an 40 out-patient basis, and at such time and place as the director shall 41 designate. If, however, the director informs the court that hospital 42 confinement of the defendant is necessary for an effective examination, 43 the court may direct that the defendant be confined in a hospital desig- 44 nated by the director until the examination is completed. 45 § 50. Subdivision 1 of section 730.50 of the criminal procedure law, 46 as amended by chapter 7 of the laws of 2013, is amended to read as 47 follows: 48 1. When a superior court, following a hearing conducted pursuant to 49 subdivision three or four of section 730.30 of this article, is satis- 50 fied that the defendant is not an incapacitated person, the criminal 51 action against him or her must proceed. If it is satisfied that the 52 defendant is an incapacitated person, or if no motion for such a hearing 53 is made, it must adjudicate him or her an incapacitated person, and must 54 issue a final order of observation or an order of commitment. When the 55 indictment does not charge a felony or when the defendant has been 56 convicted of an offense other than a felony, such court (a) must issue a

S. 5973 38 1 final order of observation committing the defendant to the custody of 2 the commissioner for care and treatment in an appropriate institution 3 for a period not to exceed ninety days from the date of such order, 4 provided, however, that the commissioner may designate an appropriate 5 hospital for placement of a defendant for whom a final order of observa- 6 tion has been issued, where such hospital is licensed by the office of 7 mental health and has agreed to accept, upon referral by the commission- 8 er, defendants subject to final orders of observation issued under this 9 subdivision, and (b) must dismiss the indictment filed in such court 10 against the defendant, and such dismissal constitutes a bar to any 11 further prosecution of the charge or charges contained in such indict- 12 ment. Upon the issuance of a final order of observation, the district 13 attorney shall immediately transmit to the commissioner, in a manner 14 intended to protect the confidentiality of the information, a list of 15 names and contact information of persons who may reasonably be expected 16 to be the victim of any assault or any violent felony offense, as 17 defined in the penal law, or any offense listed in section 530.11 of 18 this chapter which would be carried out by the committed person; 19 provided that the person who reasonably may be expected to be a victim 20 does not need to be a member of the same family or household as the 21 committed person. When the indictment charges a felony or when the 22 defendant has been convicted of a felony, it must issue an order of 23 commitment committing the defendant to the custody of the commissioner 24 for care and treatment in an appropriate institution or, upon the 25 consent of the district attorney, committing him or her to the custody 26 of the commissioner for care and treatment on an out-patient basis, for 27 a period not to exceed one year from the date of such order. [~~Upon the~~ 28 ~~issuance of an order of commitment, the court must exonerate the defend-~~ 29 ~~ant's bail if he or she was previously at liberty on bail; provided,~~ 30 ~~however, that exoneration of bail is not required when a defendant is~~ 31 ~~committed to the custody of the commissioner for care and treatment on~~ 32 ~~an out-patient basis.~~] When the defendant is in the custody of the 33 commissioner pursuant to a final order of observation, the commissioner 34 or his or her designee, which may include the director of an appropriate 35 institution, immediately upon the discharge of the defendant, must 36 certify to such court that he or she has complied with the notice 37 provisions set forth in paragraph (a) of subdivision six of section 38 730.60 of this article. 39 § 51. Section 246-a of the lien law is REPEALED. 40 § 52. Article 50 and sections 1000, 1001, 1002 and 1003 of the execu- 41 tive law, as renumbered by chapter 770 of the laws of 1978, are renum- 42 bered article 51 and sections 1100, 1101, 1102 and 1103 and a new arti- 43 cle 50 is added to read as follows: 44 ARTICLE 50 45 COMMISSION ON PUBLIC SAFETY REFORM 46 Section 1005. Commission on public safety reform. 47 1006. Powers and duties of the commission. 48 § 1005. Commission on public safety reform. 1. There is hereby created 49 in the department, the commission on public safety reform, which shall 50 consist of the following fifteen members: 51 (a) the commissioner of the division of criminal justice services who 52 shall be chair of the commission; 53 (b) fourteen members appointed by the governor. 54 2. Of the members appointed by the governor: 55 (a) one member shall be a representative of a law enforcement agency 56 located outside of a city with a population of over one million and

S. 5973 39 1 shall be appointed upon the recommendation of the commissioner of crimi- 2 nal justice services; 3 (b) one member shall be a representative of a law enforcement agency 4 located within a city with a population of over one million and shall be 5 appointed upon the recommendation of the mayor of such city; 6 (c) one member shall be a district attorney of a county outside a city 7 with a population of one million and shall be appointed upon the recom- 8 mendation of an organization representing district attorneys; 9 (d) one member shall be a district attorney of a county within a city 10 with a population of greater than one million and shall be appointed 11 upon the recommendation of the mayor of such city; 12 (e) one member shall be a representative of the public criminal 13 defense bar who shall be appointed upon the recommendation of an organ- 14 ization representing public defense services; 15 (f) one member shall be a representative of the private criminal 16 defense bar who shall be appointed upon the recommendation of an organ- 17 ization of such bar; 18 (g) two members shall appointed upon the recommendation of the tempo- 19 rary president of the senate; 20 (h) two members shall be appointed upon the recommendation of the 21 speaker of the assembly; 22 (i) one member shall be appointed upon the recommendation of the 23 minority leader of the senate; 24 (j) one member shall be appointed upon the recommendation of the 25 minority leader of the assembly; 26 (k) one member shall be appointed upon the recommendation of the 27 attorney general of the state of New York; and 28 (l) one member, who shall be an attorney or judge shall be appointed 29 upon the recommendation of the chief judge of the court of appeals. 30 3. Of the members appointed by the governor, each member shall be 31 appointed to serve a two year term. Any member appointed by the governor 32 may be reappointed for additional two year terms. 33 4. Any member chosen to fill a vacancy created otherwise than by expi- 34 ration of term shall be appointed by the governor for the unexpired term 35 of the member he or she is to succeed. Any such vacancy shall be filled 36 in the same manner as the original appointment. 37 5. The commission shall meet at least four times each year and may 38 establish its own rules and procedures concerning the conduct of its 39 meetings and other affairs not inconsistent with law. 40 6. No member of the commission on public safety reform shall be 41 disqualified from holding any public office or employment, nor shall he 42 or she forfeit any such office or employment, by reason of his or her 43 appointment hereunder, and members of the commission shall not be 44 required to take and file oaths of office before serving on the commis- 45 sion. 46 7. Members of the commission shall receive no compensation for their 47 services but shall be allowed their actual and necessary expenses 48 incurred in the performance of their functions hereunder. 49 § 1006. Powers and duties of the commission. 1. The commission shall 50 have the following duties, including, but not limited to: 51 (a) The commission shall conduct a thorough study and issue a compre- 52 hensive report on which crimes should be eligible for pretrial 53 detention. When conducting such study the commission shall seek to find 54 the appropriate balance between public safety and the rights of the 55 accused. The commission shall consider the following factors, including, 56 but not limited to:

S. 5973 40 1 (i) data on crime in New York state; 2 (ii) a review of the successes and challenges faced by other states 3 that have enacted large scale criminal justice reform; 4 (iii) rates of recidivism; and 5 (iv) any other factor the commission deems relevant. 6 (b) The comprehensive report shall contain detailed analysis and 7 justification of the data utilized to determine which crimes shall or 8 shall not be eligible for pretrial detention. 9 (c) The commission shall draft and publish a model risk analysis tool 10 utilizing crime data from the department of criminal justice services 11 for use by judges in determining if it is appropriate for a judge to 12 remand an individual accused of a crime. The commission will hold at 13 least one public hearing on this model risk analysis tool within eigh- 14 teen months of the effective date of this section, and shall publish the 15 final model risk analysis tool within ninety days of the public hearing. 16 2. Within one year of the effective date of this section, the commis- 17 sion on public safety reform shall issue a draft report, which shall be 18 submitted to the governor, the temporary president of the senate, the 19 speaker of the assembly, the minority leader of the senate, and the 20 minority leader of the assembly on recommended eligible for pretrial 21 detention crimes with supporting evidence of why certain crimes were 22 included and others were excluded. At least three public hearings shall 23 be held by the commission to provide the public with the opportunity to 24 comment on the report. Notice of such hearings shall be provided on the 25 department of criminal justice services website. 26 3. Within ninety days of the date of the last public hearing, the 27 commission on public safety reform shall submit a final report to the 28 governor, the temporary president of the senate, the speaker of the 29 assembly, the minority leader of the senate, and the minority leader of 30 the assembly. Copies of such report shall also be made available to the 31 public and posted on the websites of the department of criminal justice 32 services. 33 § 53. This act shall take effect immediately; provided, however, that 34 sections one through fifty-one of this act shall take effect on the 35 ninetieth day after it shall have become a law.

Relates to the elimination of bail; repealer

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