What's happening
This bill allows courts to set bail or detain individuals designated as sex offenders under New York's correction law.
Why it matters
Expands judicial discretion. By allowing courts to set bail or detain individuals designated as sex offenders, the bill gives judges more flexibility in handling cases involving people with this status, rather than requiring their release on recognizance as under current law.
Targets a specific group. The legislation focuses specifically on people designated as sex offenders under New York’s correction law, signaling heightened concern about the risks or flight potential associated with this group compared to defendants charged with other offenses.
Potential impact on pretrial detention. This change could lead to more frequent pretrial detention or higher bail amounts for sex offenders, affecting their ability to await trial outside of custody and possibly increasing the population held in local jails.
Reflects shifting priorities on public safety and bail reform. The amendments may be seen as a response to public or political concerns about the balance between bail reform and community safety, especially regarding offenses considered particularly serious or high-risk.
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Who cares
Headline styles
Allow Bail for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
578
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to offenses for which a court may fix bail or commit a principal to custody of the sheriff
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 510.10 of the criminal procedure law is amended by adding a new paragraph (e-1) to read as follows:
(e-1) The principal has been designated a sex offender under article six-C of the correction law;
§ 1-a. Subdivision 3 of section 510.10 of the criminal procedure law, as amended by section 2 of subpart A of part VV of chapter 56 of the laws of 2023, is amended to read as follows:
3. In cases other than as described in subdivision four of this section, the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that: (a) release on the principal's own recognizance will not reasonably assure the principal's return to court; or (b) that the principal has been designated as a sex offender under article six-C of the correction law. In such instances, the court shall release the principal under non-monetary conditions as provided for in subdivision three-a of section 500.10 of this title that will reasonably assure the principal's return to court; provided, however, where the principal has been designated a sex offender under article six-C of the correction law, the court may in its discretion fix bail or commit the principal to the custody of the sheriff. The court shall explain its [choice of securing order] determination and conditions on the record or in writing.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01262-01-5
§ 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law is amended by adding a new subparagraph (v-1) to read as follows:
(v-1) a sex offense under article six-C of the correction law and has been designated a sex offender;
§ 3. Subdivision 4 of section 530.40 of the criminal procedure law is amended by adding a new paragraph (e-1) to read as follows:
(e-1) a sex offense under article six-C of the correction law and has been designated a sex offender;
§ 4. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to offenses for which a court may fix bail or commit a principal to custody of the sher- iff
Purpose
The purpose of this bill is to allow courts to fix bail or commit a principal to custody of the sheriff in cases of offenses committed by sex offenders.
Summary of provisions
Section 1 amends subdivision 1 of section 510.10 of the criminal proce- dure 2 law is amended by adding a new paragraph (e-1)
Section 2 amends Paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law by adding a new subparagraph (v-1)
Section 3 amends subdivision 4 of section 530.40 of the criminal proce- dure law is by adding a new paragraph (e-1)
Section 4 provides the effective date
Justification
This act is in response to the bail reform that passed and has allowed sexual predators to be freely released into our communities after committing crimes. In the best interest of the safety of New York resi- dents, this bill aims to give discretion back to the judicial system when an individual commits a crime and was previously designated as a sex offender. Sex offenders should not just to be automatic releases back into our communities. Our judges should be able to make the deter- mination if this individual should be released or held on bail.
Legislative history
2023-2024: S.2523 referred to Codes
2021-2022: S.2615 referred to Codes/A.3761 referred to Codes
2020: S.8233 referred to Codes/A.10269 referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.