S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3800
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the  "Justice
   for Rachael" act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "Justice
 for Rachael" act.
   §  2.  The  criminal  procedure law is amended by adding a new section
 510.55 to read as follows:
 § 510.55 PRETRIAL DETENTION; DANGEROUSNESS HEARING.
   1. WHEN A PRINCIPAL, WHOSE  FUTURE  COURT  ATTENDANCE  AT  A  CRIMINAL
 ACTION OR PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A
 COURT,  THE  PEOPLE  MAY MAKE A MOTION SEEKING PRETRIAL DETENTION DUE TO
 THE DANGEROUSNESS OF THE PRINCIPAL. THE PEOPLE  MAY  SEEK  THE  PRETRIAL
 DETENTION OF A PRINCIPAL:
   (A)  CHARGED  WITH  A  FELONY  THAT INVOLVES THE USE, ATTEMPTED USE OR
 THREATENED USE OF PHYSICAL FORCE AGAINST THE PERSON OF  ANOTHER  OR  ANY
 OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
 ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT;
   (B)  CHARGED  WITH A MISDEMEANOR OR FELONY WHICH HAS AS AN ELEMENT THE
 VIOLATION OF A COURT ORDER;
   (C) CHARGED  WITH  A  MISDEMEANOR  OR  FELONY  WHERE  THE  VICTIM  WAS
 SUBJECTED  TO  PHYSICAL,  SEXUAL  OR  PSYCHOLOGICAL ABUSE INFLICTED BY A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD,  AS  SUCH  TERM  IS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AS THE APPLICANT;
   (D) CHARGED WITH AN OFFENSE FOR WHICH A MINIMUM TERM OF THREE YEARS OR
 MORE IS PRESCRIBED;
   (E)  CHARGED WITH INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE
 AS DEFINED IN SECTION 215.17 OF THE PENAL LAW, INTIMIDATING A VICTIM  OR
 WITNESS  IN  THE SECOND DEGREE AS DEFINED IN SECTION 215.16 OF THE PENAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07491-01-1

 A. 3800                             2
 
 LAW, OR INTIMIDATING A VICTIM OR WITNESS IN THE THIRD DEGREE AS  DEFINED
 IN SECTION 215.15 OF THE PENAL LAW;
   (F)  CHARGED  WITH  A  THIRD OR SUBSEQUENT VIOLATION OF SECTION ELEVEN
 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN TEN YEARS;
   (G) CHARGED WITH A FELONY WHICH HAS AS AN ELEMENT THE  USE,  ATTEMPTED
 USE  OR  THREATENED USE OF PHYSICAL FORCE OR A DEADLY WEAPON AGAINST THE
 PERSON OF ANOTHER;
   (H) CHARGED WITH BURGLARY IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 140.30  OF  THE  PENAL  LAW, BURGLARY IN THE SECOND DEGREE AS DEFINED IN
 SECTION 140.25 OF THE PENAL LAW, OR BURGLARY  IN  THE  THIRD  DEGREE  AS
 DEFINED  IN SECTION 140.20 OF THE PENAL LAW, GRAND LARCENY IN THE SECOND
 DEGREE AS DEFINED IN SECTION 155.40 OF THE PENAL LAW, OR  GRAND  LARCENY
 IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF THE PENAL LAW;
   (I) CHARGED UNDER ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW;
   (J)  CHARGED WITH KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN SECTION
 135.25 OF THE PENAL LAW OR KIDNAPPING IN THE SECOND DEGREE AS DEFINED IN
 SECTION 135.20 OF THE PENAL LAW;
   (K) CHARGED WITH A CRIME WHICH INVOLVED THE USE OF EXPLOSIVES;
   (L) OTHERWISE INVOLVES CONDUCT THAT PRESENTS A SERIOUS RISK  OF  PHYS-
 ICAL  INJURY  TO ANOTHER FOR WHICH A TERM OF IMPRISONMENT WAS SERVED AND
 ARRESTED AND CHARGED WITH A SECOND OR SUBSEQUENT OFFENSE  UNDER  ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW; OR
   (M)  CHARGED WITH A FELONY UNDER ARTICLE TWENTY-SIX OF THE AGRICULTURE
 AND MARKETS LAW.
   2. (A) UPON THE APPEARANCE OF THE PRINCIPAL CHARGED  WITH  AN  OFFENSE
 LISTED  IN  SUBDIVISION  ONE  OF  THIS SECTION BEFORE A SUPREME COURT OR
 DISTRICT COURT JUDGE AND UPON THE MOTION OF THE PEOPLE, THE JUDGE  SHALL
 HOLD  A  HEARING  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND SHALL
 ISSUE AN ORDER THAT, PENDING  TRIAL,  THE  INDIVIDUAL  SHALL  EITHER  BE
 RELEASED  ON  HIS  OR  HER  OWN  RECOGNIZANCE, RELEASED ON CONDITIONS OF
 RELEASE AS SET FORTH BY THE JUDGE, OR DETAINED UNDER  SUBDIVISION  THREE
 OF  THIS  SECTION.  THE  INDIVIDUAL  SHALL  BE RELEASED UNLESS THE JUDGE
 DETERMINES THAT RELEASING THE PRINCIPAL ON HIS OR HER  OWN  RECOGNIZANCE
 WILL  ENDANGER  THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY BUT DOES
 NOT FIND BY CLEAR AND CONVINCING EVIDENCE THAT NO CONDITIONS OF  RELEASE
 WILL  REASONABLY ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY,
 THE JUDGE SHALL ORDER THE PRETRIAL RELEASE OF THE PRINCIPAL:
   (I) SUBJECT TO THE CONDITION THAT THE PERSON  NOT  COMMIT  A  FEDERAL,
 STATE OR LOCAL CRIME DURING THE PERIOD OF RELEASE; AND
   (II)  SUBJECT  TO THE LEAST RESTRICTIVE FURTHER CONDITION, OR COMBINA-
 TION OF CONDITIONS, THAT SUCH JUDGE DETERMINES  WILL  REASONABLY  ASSURE
 THE SAFETY OF ANY OTHER PERSON AND THE COMMUNITY THAT THE PRINCIPAL:
   (A) REMAIN IN THE CUSTODY OF A DESIGNATED PERSON, WHO AGREES TO ASSUME
 SUPERVISION  AND  TO  REPORT ANY VIOLATION OF A RELEASE CONDITION TO THE
 COURT, IF THE DESIGNATED PERSON IS REASONABLY ABLE TO ASSURE  THE  JUDI-
 CIAL OFFICER THAT THE PERSON WILL APPEAR AS REQUIRED AND WILL NOT POSE A
 DANGER TO THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY;
   (B) MAINTAIN EMPLOYMENT, OR, IF UNEMPLOYED, ACTIVELY SEEK EMPLOYMENT;
   (C) MAINTAIN OR COMMENCE AN EDUCATIONAL PROGRAM;
   (D)  ABIDE  BY SPECIFIED RESTRICTIONS ON PERSONAL ASSOCIATIONS, LIVING
 ACCOMMODATIONS OR TRAVEL;
   (E) AVOID ALL CONTACT WITH AN ALLEGED VICTIM OF THE CRIME AND WITH ANY
 POTENTIAL WITNESS OR WITNESSES WHO MAY TESTIFY CONCERNING THE OFFENSE;
   (F) REPORT ON A REGULAR BASIS TO A DESIGNATED LAW ENFORCEMENT  AGENCY,
 PRETRIAL SERVICE AGENCY, OR OTHER AGENCY;
   (G) COMPLY WITH A SPECIFIED CURFEW;

 A. 3800                             3
 
   (H)  REFRAIN  FROM  POSSESSING A FIREARM, DESTRUCTIVE DEVICE, OR OTHER
 DANGEROUS WEAPON;
   (I)  REFRAIN  FROM  EXCESSIVE USE OF ALCOHOL, OR ANY USE OF A NARCOTIC
 DRUG OR OTHER CONTROLLED SUBSTANCE, WITHOUT A PRESCRIPTION BY A LICENSED
 MEDICAL PRACTITIONER;
   (J) UNDERGO AVAILABLE MEDICAL, PSYCHOLOGICAL,  OR  PSYCHIATRIC  TREAT-
 MENT, INCLUDING TREATMENT FOR DRUG OR ALCOHOL DEPENDENCY AND REMAIN IN A
 SPECIFIED INSTITUTION IF REQUIRED FOR THAT PURPOSE;
   (K)  RETURN  TO  CUSTODY  FOR  SPECIFIED  HOURS  FOLLOWING RELEASE FOR
 EMPLOYMENT, SCHOOLING, OR OTHER LIMITED PURPOSES;
   (L) SATISFY ANY OTHER CONDITION THAT IS REASONABLY NECESSARY TO ASSURE
 THE APPEARANCE OF THE PERSON AS REQUIRED AND TO ASSURE THE SAFETY OF ANY
 OTHER PERSON AND THE COMMUNITY; AND
   (M) PARTICIPATES IN A COMMUNITY CORRECTIONS PROGRAM UNDER THE  DEPART-
 MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION, PROVIDED, HOWEVER, THAT
 THE PRINCIPAL SHALL NOT PARTICIPATE IN SUCH PROGRAM WITHOUT HIS  OR  HER
 CONSENT TO SUCH PARTICIPATION.
   (B)  THE  JUDGE SHALL NOT IMPOSE A FINANCIAL CONDITION THAT RESULTS IN
 THE PRETRIAL DETENTION OF THE PERSON UNDER THIS SECTION.
   (C) THE JUDGE MAY AT ANY TIME AMEND THE ORDER TO IMPOSE ADDITIONAL  OR
 DIFFERENT CONDITIONS OF RELEASE.
   3.  THERE SHALL BE A REBUTTABLE PRESUMPTION OF RELEASE ON RECOGNIZANCE
 FOR EVERY PRINCIPAL BROUGHT BEFORE THE  COURT.    IF,  AFTER  A  HEARING
 PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION FOUR OF THIS SECTION, THE
 DISTRICT OR SUPREME COURT JUDGE FINDS BY CLEAR AND  CONVINCING  EVIDENCE
 THAT  NO  CONDITIONS OF RELEASE WILL REASONABLY ASSURE THE SAFETY OF ANY
 OTHER PERSON OR THE COMMUNITY, SAID JUDGE SHALL ORDER THE  DETENTION  OF
 THE  PRINCIPAL  PRIOR TO TRIAL. A PRINCIPAL DETAINED UNDER THIS SUBDIVI-
 SION SHALL BE BROUGHT TO A TRIAL AS SOON AS REASONABLY POSSIBLE, BUT  IN
 ABSENCE  OF  EXTRAORDINARY  CIRCUMSTANCES,  SUCH  PRINCIPAL SHALL NOT BE
 DETAINED FOR A PERIOD EXCEEDING ONE HUNDRED TWENTY DAYS BY THE  DISTRICT
 COURT  OR  FOR A PERIOD EXCEEDING ONE HUNDRED EIGHTY DAYS BY THE SUPREME
 COURT.
   4. (A) WHEN A PRINCIPAL IS HELD UNDER ARREST FOR AN OFFENSE LISTED  IN
 SUBDIVISION  ONE  OF  THIS  SECTION AND UPON A MOTION BY THE PEOPLE, THE
 JUDGE SHALL HOLD A HEARING TO DETERMINE WHETHER  CONDITIONS  OF  RELEASE
 WILL REASONABLY ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.
   (B)  THE  HEARING SHALL BE HELD IMMEDIATELY UPON THE PRINCIPAL'S FIRST
 APPEARANCE BEFORE THE COURT UNLESS SUCH PRINCIPAL OR THE PEOPLE  SEEK  A
 CONTINUANCE. EXCEPT FOR GOOD CAUSE, A CONTINUANCE ON MOTION OF THE PRIN-
 CIPAL  SHALL  NOT  EXCEED  SEVEN DAYS AND A CONTINUANCE ON MOTION OF THE
 PEOPLE SHALL NOT EXCEED THREE BUSINESS DAYS. DURING A  CONTINUANCE,  THE
 PRINCIPAL  SHALL  BE DETAINED UPON A SHOWING THAT THERE EXISTED PROBABLE
 CAUSE TO ARREST THE PRINCIPAL. AT THE HEARING, SUCH PRINCIPAL SHALL HAVE
 THE RIGHT TO BE REPRESENTED BY COUNSEL, AND, IF  FINANCIALLY  UNABLE  TO
 RETAIN ADEQUATE REPRESENTATION, TO HAVE COUNSEL APPOINTED. THE PRINCIPAL
 SHALL  BE  AFFORDED  AN OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO
 CROSS-EXAMINE WITNESSES WHO APPEAR AT THE HEARING, AND TO PRESENT INFOR-
 MATION. PRIOR TO THE SUMMONS OF AN ALLEGED VICTIM, OR A  MEMBER  OF  THE
 ALLEGED  VICTIM'S  FAMILY,  TO  APPEAR  AS A WITNESS AT THE HEARING, THE
 PRINCIPAL SHALL DEMONSTRATE TO THE COURT A  GOOD  FAITH  BASIS  FOR  THE
 PRINCIPAL'S  REASONABLE  BELIEF THAT THE TESTIMONY FROM THE WITNESS WILL
 BE MATERIAL AND RELEVANT TO SUPPORT A CONCLUSION THAT THERE  ARE  CONDI-
 TIONS  OF  RELEASE  THAT  WILL REASONABLY ASSURE THE SAFETY OF ANY OTHER
 PERSON OR THE COMMUNITY. THE RULES CONCERNING ADMISSIBILITY OF  EVIDENCE
 IN CRIMINAL TRIALS SHALL NOT APPLY TO THE PRESENTATION AND CONSIDERATION

 A. 3800                             4
 
 OF  INFORMATION  AT  THE  HEARING  AND  THE JUDGE SHALL CONSIDER HEARSAY
 CONTAINED IN A POLICE REPORT OR THE STATEMENT OF AN  ALLEGED  VICTIM  OR
 WITNESS. THE FACTS THE JUDGE USES TO SUPPORT FINDINGS PURSUANT TO SUBDI-
 VISION  THREE OF THIS SECTION, THAT NO CONDITIONS WILL REASONABLY ASSURE
 THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY, SHALL BE  SUPPORTED  BY
 CLEAR  AND  CONVINCING EVIDENCE. IN A DETENTION ORDER ISSUED PURSUANT TO
 THE PROVISIONS OF SAID SUBDIVISION  THREE  OF  THIS  SECTION  THE  JUDGE
 SHALL:  (I)  INCLUDE WRITTEN FINDINGS OF FACT AND A WRITTEN STATEMENT OF
 THE REASONS FOR THE DETENTION; (II) DIRECT THAT THE PRINCIPAL BE COMMIT-
 TED TO CUSTODY OR CONFINEMENT IN A CORRECTIONS FACILITY SEPARATE, TO THE
 EXTENT PRACTICABLE, FROM PRINCIPALS  AWAITING  OR  SERVING  SENTENCE  OR
 BEING  HELD IN CUSTODY PENDING APPEAL; AND (III) DIRECT THAT THE PRINCI-
 PAL BE AFFORDED REASONABLE OPPORTUNITY FOR PRIVATE CONSULTATION WITH HIS
 OR HER COUNSEL. THE PRINCIPAL MAY BE DETAINED PENDING COMPLETION OF  THE
 HEARING.  THE  HEARING  MAY BE REOPENED BY THE JUDGE, AT ANY TIME BEFORE
 TRIAL, OR UPON A MOTION OF THE PEOPLE OR THE PRINCIPAL DETAINED  IF  THE
 JUDGE  FINDS THAT: (A) INFORMATION EXISTS THAT WAS NOT KNOWN AT THE TIME
 OF THE HEARING OR THAT THERE HAS BEEN A CHANGE IN CIRCUMSTANCES; AND (B)
 THAT SUCH INFORMATION OR CHANGE IN CIRCUMSTANCES HAS A MATERIAL  BEARING
 ON  THE  ISSUE  OF  WHETHER  THERE  ARE  CONDITIONS OF RELEASE THAT WILL
 REASONABLY ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.
   5. IN HIS DETERMINATION AS TO WHETHER THERE ARE CONDITIONS OF  RELEASE
 THAT WILL REASONABLY ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMU-
 NITY,  SAID JUDGE SHALL, ON THE BASIS OF ANY INFORMATION WHICH HE OR SHE
 CAN REASONABLY OBTAIN, TAKE INTO ACCOUNT THE NATURE AND  SERIOUSNESS  OF
 THE  DANGER POSED TO ANY OTHER PERSON OR THE COMMUNITY THAT WOULD RESULT
 BY THE PRINCIPAL'S RELEASE, THE NATURE AND CIRCUMSTANCES OF THE  OFFENSE
 CHARGED,  THE  POTENTIAL  PENALTY  THE  PRINCIPAL FACES, THE PRINCIPAL'S
 FAMILY TIES, EMPLOYMENT RECORD AND HISTORY OF MENTAL ILLNESS, THE  PRIN-
 CIPAL'S REPUTATION, THE RISK THAT THE PRINCIPAL WILL OBSTRUCT OR ATTEMPT
 TO  OBSTRUCT  THE  JUDGE OR THREATEN, INJURE OR INTIMIDATE OR ATTEMPT TO
 THREATEN, INJURE OR INTIMIDATE A PROSPECTIVE WITNESS OR  JUROR,  HIS  OR
 HER  RECORD  OF  CONVICTIONS,  IF  ANY, ANY ILLEGAL DRUG DISTRIBUTION OR
 PRESENT DRUG DEPENDENCY, AND WHETHER THE PRINCIPAL IS  RELEASED  PENDING
 ADJUDICATION OF A PRIOR CHARGE.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS MODIFYING OR LIMITING
 THE PRESUMPTION OF INNOCENCE.
   7.  (A)  A PRINCIPAL AGGRIEVED BY THE DENIAL OF A DISTRICT COURT JUDGE
 TO RELEASE HIM OR HER ON HIS OR HER OWN  RECOGNIZANCE  WITH  OR  WITHOUT
 SURETY  OR  CONDITION MAY PETITION THE SUPREME COURT FOR A REVIEW OF THE
 ORDER OF THE RECOGNIZANCE AND THE JUDGE  OF  THE  DISTRICT  COURT  SHALL
 THEREUPON  IMMEDIATELY NOTIFY SUCH PRINCIPAL OF HIS OR HER RIGHT TO FILE
 A PETITION FOR REVIEW IN THE SUPREME COURT. WHEN A PETITION  FOR  REVIEW
 IS  FILED  IN  THE DISTRICT COURT OR WITH THE DETAINING AUTHORITY SUBSE-
 QUENT TO THE PETITIONER'S DISTRICT COURT APPEARANCE, THE  CLERK  OF  THE
 DISTRICT  COURT  OR  THE  DETAINING AUTHORITY, AS THE CASE MAY BE, SHALL
 IMMEDIATELY NOTIFY BY TELEPHONE, THE CLERK AND PROBATION OFFICER OF  THE
 DISTRICT  COURT,  THE  DISTRICT  ATTORNEY  FOR THE DISTRICT IN WHICH THE
 DISTRICT COURT IS LOCATED, THE  PROSECUTING  OFFICER,  THE  PETITIONER'S
 COUNSEL,  IF  ANY,  AND  THE  CLERK OF COURTS OF THE COUNTY TO WHICH THE
 PETITION IS TO BE TRANSMITTED. THE CLERK OF THE DISTRICT COURT, UPON THE
 FILING OF A PETITION FOR REVIEW, EITHER IN THE DISTRICT  COURT  OR  WITH
 THE  DETAINING  AUTHORITY,  SHALL  FORTHWITH  TRANSMIT  THE PETITION FOR
 REVIEW, A COPY OF THE COMPLAINT AND THE RECORD OF THE  COURT,  INCLUDING
 THE  APPEARANCE OF THE ATTORNEY, IF ANY IS ENTERED, AND A SUMMARY OF THE
 COURT'S REASONS FOR DENYING THE RELEASE OF THE PRINCIPAL ON HIS  OR  HER

 A. 3800                             5
 
 OWN  RECOGNIZANCE  WITH  OR  WITHOUT  SURETY OR CONDITION TO THE SUPREME
 COURT FOR THE COUNTY IN WHICH THE DISTRICT COURT IS LOCATED, IF A  JUDGE
 THEREOF  IS  THEN SITTING, OR TO THE SUPREME COURT OF THE NEAREST COUNTY
 IN  WHICH A JUDGE IS THEN SITTING. THE PROBATION OFFICER OF THE DISTRICT
 COURT SHALL TRANSMIT FORTHWITH TO THE PROBATION OFFICER OF  THE  SUPREME
 COURT,  COPIES  OF  ALL RECORDS OF THE PROBATION OFFICE OF SAID DISTRICT
 COURT PERTAINING TO THE PETITIONER, INCLUDING THE PETITIONER'S RECORD OF
 PRIOR CONVICTIONS, IF ANY, AS  CURRENTLY  VERIFIED  BY  INQUIRY  OF  THE
 COMMISSIONER. THE DISTRICT COURT OR THE DETAINING AUTHORITY, AS THE CASE
 MAY  BE,  SHALL CAUSE ANY PETITIONER IN ITS CUSTODY TO BE BROUGHT BEFORE
 SAID SUPREME COURT WITHIN TWO BUSINESS DAYS OF THE PETITION HAVING  BEEN
 FILED.  THE DISTRICT COURT IS AUTHORIZED TO ORDER ANY OFFICER AUTHORIZED
 TO EXECUTE CRIMINAL PROCESS TO TRANSFER THE PETITIONER  AND  ANY  PAPERS
 HEREIN ABOVE DESCRIBED FROM THE DISTRICT COURT OR THE DETAINING AUTHORI-
 TY TO THE SUPREME COURT, AND TO COORDINATE THE TRANSFER OF THE PETITION-
 ER AND THE PAPERS BY SUCH OFFICER. THE PETITION FOR REVIEW SHALL CONSTI-
 TUTE AUTHORITY IN THE PERSON OR OFFICER HAVING CUSTODY OF THE PETITIONER
 TO  TRANSPORT  THE PETITIONER TO SAID SUPREME COURT WITHOUT THE ISSUANCE
 OF ANY WRIT OR OTHER LEGAL PROCESS; PROVIDED, HOWEVER, THAT ANY DISTRICT
 OR SUPREME COURT IS AUTHORIZED TO ISSUE A WRIT OF HABEAS CORPUS FOR  THE
 APPEARANCE FORTHWITH OF THE PETITIONER BEFORE THE SUPREME COURT.
   (B)  THE  SUPREME COURT SHALL HEAR THE PETITION FOR REVIEW AS SPEEDILY
 AS PRACTICABLE AND IN ANY EVENT WITHIN FIVE BUSINESS DAYS OF THE  FILING
 OF THE PETITION. THE SUPREME COURT JUDGE HEARING THE REVIEW MAY CONSIDER
 THE  RECORD BELOW WHICH THE PEOPLE AND THE PRINCIPAL MAY SUPPLEMENT. THE
 JUDGE OF THE SUPREME COURT MAY, AFTER A  HEARING  ON  THE  PETITION  FOR
 REVIEW, ORDER THAT THE PETITIONER BE RELEASED ON HIS OR HER OWN RECOGNI-
 ZANCE  WITHOUT  SURETY  OR  CONDITION,  OR, IN HIS OR HER DISCRETION, TO
 REASONABLY ASSURE THE EFFECTIVE  ADMINISTRATION  OF  JUSTICE,  MAKE  ANY
 OTHER  ORDER OF BAIL OR RECOGNIZANCE OR REMAND THE PETITIONER IN ACCORD-
 ANCE WITH THE TERMS OF THE PROCESS  BY  WHICH  HE  OR  SHE  WAS  ORDERED
 COMMITTED BY THE DISTRICT COURT.
   8. IF AFTER A HEARING UNDER SUBDIVISION FOUR OF THIS SECTION DETENTION
 UNDER  SUBDIVISION  THREE OF THIS SECTION IS ORDERED OR PRETRIAL RELEASE
 SUBJECT TO CONDITIONS UNDER SUBDIVISION TWO OF THIS SECTION IS  ORDERED,
 THEN:  (A)  THE  CLERK SHALL IMMEDIATELY NOTIFY THE PROBATION OFFICER OF
 THE ORDER; AND (B) THE ORDER OF DETENTION  UNDER  SUBDIVISION  THREE  OF
 THIS  SECTION  OR  ORDER OF PRETRIAL RELEASE SUBJECT TO CONDITIONS UNDER
 SUBDIVISION TWO OF THIS SECTION SHALL BE  RECORDED  IN  THE  PRINCIPAL'S
 CRIMINAL RECORD.
   § 3. This act shall take effect on the first of November next succeed-
 ing  the date on which it shall have become a law and shall apply to all
 criminal cases where the defendant was arraigned on or after such effec-
 tive date.