S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1550
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON, CONRAD, THIELE -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules and the criminal proce-
   dure law, in relation to allowing courts to hold a pre-trial community
   safety and well-being hearing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6342 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2.  (A)  In  determining  whether grounds for a temporary extreme risk
 protection order exist, the court shall consider  any  relevant  factors
 including, but not limited to, the following acts of the respondent:
   [(a)]  (I)  a  threat  or  act  of  violence  or use of physical force
 directed toward self, the petitioner, or another person;
   [(b)] (II) a violation or alleged violation of an order of protection;
   [(c)] (III) any pending charge or conviction for an offense  involving
 the use of a weapon;
   [(d)]  (IV)  the  reckless  use,  display or brandishing of a firearm,
 rifle or shotgun;
   [(e)] (V) any history of a violation of  an  extreme  risk  protection
 order;
   [(f)]   (VI)  evidence  of  recent  or  ongoing  abuse  of  controlled
 substances or alcohol; or
   [(g)] (VII) evidence of recent acquisition of a firearm, rifle,  shot-
 gun  or  other  deadly weapon or dangerous instrument, or any ammunition
 therefor.
   (B) In considering the factors under this subdivision, the court shall
 consider:
   (I) the time that has elapsed since the occurrence of such act or acts
 [and];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05094-01-3
              

 A. 1550                             2
 
   (II) the age of the person at the time of the occurrence of  such  act
 or acts; AND
   (III)  THE  COMMUNITY  SAFETY  AND  WELL-BEING OF ALL RESIDENTS OF THE
 STATE.
   (C) THE COURT SHALL USE ANY MENTAL HEALTH EVALUATIONS  THE  RESPONDENT
 HAS UNDERGONE WHEN MAKING A CONSIDERATION REGARDING THE COMMUNITY SAFETY
 AND WELL-BEING OF ALL RESIDENTS OF THE STATE.
   (D)  For  the  purposes of this subdivision, "recent" means within the
 six months prior to the date the petition was filed.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 510.55 to read as follows:
 § 510.55 PRETRIAL DETENTION; COMMUNITY SAFETY AND WELL-BEING 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  MENTAL  HEALTH  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
 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.
 A. 1550                             3
 
   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 COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER PERSON IN
 THE STATE BUT DOES NOT FIND BY CLEAR AND  CONVINCING  EVIDENCE  THAT  NO
 CONDITIONS  OF  RELEASE  WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
 WELL-BEING OF ANY OTHER PERSON IN THE STATE, 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 ENSURE
 THE COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER  PERSON  IN  THE  STATE
 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 ENSURE  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;
   (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 ENSURE
 THE  APPEARANCE  OF  THE PERSON AS REQUIRED AND TO ENSURE THE SAFETY AND
 WELL-BEING 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.
 A. 1550                             4
 
   3.  THERE SHALL BE A REBUTTABLE PRESUMPTION OF RELEASE ON RECOGNIZANCE
 FOR EVERY PRINCIPAL BROUGHT BEFORE THE COURT. IF, AFTER A HEARING PURSU-
 ANT 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 ENSURE THE COMMUNITY SAFETY AND
 WELL-BEING OF ANY OTHER PERSON IN THE STATE, SAID JUDGE SHALL ORDER  THE
 DETENTION  OF  THE  PRINCIPAL PRIOR TO TRIAL. A PRINCIPAL DETAINED UNDER
 THIS SUBDIVISION 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 ENSURE THE COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER
 PERSON IN THE STATE. A PRINCIPAL SHALL BE OFFERED THE APPROPRIATE MENTAL
 HEALTH SERVICES WHILE BEING HELD UNDER ARREST FOR AN OFFENSE  LISTED  IN
 SUBDIVISION ONE OF THIS SECTION.
   (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 OR THAT WITHOUT  DETENTION  THE  PRINCIPAL
 WOULD  RESULT IN SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED
 IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
 HYGIENE LAW. 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-EXA-
 MINE WITNESSES WHO APPEAR AT THE HEARING, AND  TO  PRESENT  INFORMATION.
 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 CONDITIONS OF
 RELEASE THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND  WELL-BEING
 OF  ANY OTHER PERSON IN THE STATE. THE RULES CONCERNING ADMISSIBILITY OF
 EVIDENCE IN CRIMINAL TRIALS SHALL NOT  APPLY  TO  THE  PRESENTATION  AND
 CONSIDERATION OF INFORMATION AT THE HEARING AND THE JUDGE SHALL CONSIDER
 HEARSAY CONTAINED IN A POLICE REPORT, THE STATEMENT OF AN ALLEGED VICTIM
 OR  WITNESS,  AND  SHALL HAVE ACCESS TO ANY MENTAL HEALTH EVALUATION THE
 PRINCIPAL HAS UNDERGONE PRIOR TO HEARING. THE FACTS THE  JUDGE  USES  TO
 SUPPORT  FINDINGS PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THAT NO
 CONDITIONS WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING OF
 ANY OTHER PERSON IN THE STATE, SHALL BE SUPPORTED BY CLEAR AND  CONVINC-
 ING  EVIDENCE. IN A DETENTION ORDER ISSUED PURSUANT TO THE PROVISIONS OF
 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  COMMITTED  TO  CUSTODY  OR
 CONFINEMENT  IN A CORRECTIONS FACILITY SEPARATE, TO THE EXTENT PRACTICA-
 BLE, FROM PRINCIPALS AWAITING OR  SERVING  SENTENCE  OR  BEING  HELD  IN
 CUSTODY PENDING APPEAL OR A COMMUNITY TREATMENT CENTER; AND (III) DIRECT
 THAT  THE  PRINCIPAL  BE  AFFORDED  REASONABLE  OPPORTUNITY  FOR PRIVATE
 A. 1550                             5
 
 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  CIRCUM-
 STANCES  HAS A MATERIAL BEARING ON THE ISSUE OF WHETHER THERE ARE CONDI-
 TIONS OF RELEASE THAT WILL REASONABLY ENSURE THE  COMMUNITY  SAFETY  AND
 WELL-BEING OF ANY OTHER PERSON IN THE STATE.
   5.  IN  HIS OR HER DETERMINATION AS TO WHETHER THERE ARE CONDITIONS OF
 RELEASE THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND  WELL-BEING
 OF  ANY OTHER PERSON IN THE STATE, 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  PRINCI-
 PAL  FACES,  THE  PRINCIPAL'S FAMILY TIES, EMPLOYMENT RECORD, HISTORY OF
 MENTAL ILLNESS,  AND  REPUTATION,  THE  RISK  THAT  THE  PRINCIPAL  WILL
 OBSTRUCT  OR ATTEMPT TO OBSTRUCT THE JUDGE OR THREATEN, INJURE OR INTIM-
 IDATE 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
 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
 A. 1550                             6
 
 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
 CONSTITUTE 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 ENSURE 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 PRINCIPAL'S 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 PRINCI-
 PAL'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.