S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7062
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to removing  the
   requirement  that certain orders releasing a principal on such princi-
   pal's own  recognizance,  releasing  a  principal  under  non-monetary
   conditions,  or  fixing  bail,  be  tailored  according  to  the least
   restrictive means
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
 section  510.10  of the criminal procedure law, the opening paragraph of
 subdivision 1 as amended by section 1 of subpart C of part UU of chapter
 56 of the laws of 2022 and subdivision 3 as added by section 2  of  part
 JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
   When  a  principal, whose future court attendance at a criminal action
 or proceeding is or may be required, comes under the control of a court,
 such court shall, in accordance with this title,  by  a  securing  order
 release  the  principal on the principal's own recognizance, release the
 principal under non-monetary conditions, or, where authorized, fix  bail
 or  commit  the  principal  to  the  custody of the sheriff. In all such
 cases, except where another type  of  securing  order  is  shown  to  be
 required  by law, the court shall release the principal pending trial on
 the principal's own recognizance, unless  it  is  demonstrated  and  the
 court  makes  an individualized determination that the principal poses a
 risk of flight to avoid prosecution. If such  a  finding  is  made,  the
 court must select [the least restrictive alternative and] A condition or
 conditions  that will reasonably assure the principal's return to court.
 The court shall explain its choice of release, release with  conditions,
 bail or remand on the record or in writing. In making its determination,
 the  court  must  consider  and  take into account available information
 about the principal, including:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10583-01-3
              

 A. 7062                             2
 
   3. In cases other than  as  described  in  subdivision  four  of  this
 section the court shall release the principal pending trial on the prin-
 cipal's  own  recognizance,  unless  the court finds on the record or in
 writing that release  on  the  principal's  own  recognizance  will  not
 reasonably  assure  the  principal's return to court. In such instances,
 the court shall release the  principal  under  non-monetary  conditions,
 selecting  [the  least restrictive alternative and] conditions that will
 reasonably assure the principal's  return  to  court.  The  court  shall
 explain  its  choice of [alternative and] conditions on the record or in
 writing.
   § 2. The opening paragraph of subdivision 1 of section 510.30  of  the
 criminal  procedure law, as amended by section 2 of subpart C of part UU
 of chapter 56 of the laws of 2022, is amended to read as follows:
   With respect to any principal, the court in all cases,  unless  other-
 wise  provided  by  law,  must  impose  the [least restrictive] kind and
 degree of control or restriction that is necessary to secure the princi-
 pal's return to court when required. In  determining  that  matter,  the
 court  must,  on  the  basis of available information, consider and take
 into account information about the principal that  is  relevant  to  the
 principal's return to court, including:
   §  3.  Subdivision  3  and  paragraph  (b) of subdivision 4 of section
 510.40 of the criminal procedure law, as added by section 6 of part  JJJ
 of chapter 59 of the laws of 2019, are amended to read as follows:
   3.  Non-monetary  conditions  of  release  shall be individualized and
 established in writing by the court. At future  court  appearances,  the
 court shall consider a lessening of conditions or modification of condi-
 tions to a less burdensome form based on the principal's compliance with
 such  conditions of release. In the event of alleged non-compliance with
 the conditions of release in an  important  respect,  pursuant  to  this
 subdivision,  additional  conditions may be imposed by the court, on the
 record or in writing, only after notice of the facts  and  circumstances
 of  such  alleged  non-compliance,  reasonable  under the circumstances,
 affording the principal and the principal's attorney and the  people  an
 opportunity to present relevant, admissible evidence, relevant witnesses
 and  to  cross-examine  witnesses, and a finding by clear and convincing
 evidence that the principal violated a condition of release in an impor-
 tant respect. Following such a finding, in determining whether to impose
 additional conditions for non-compliance, the court shall  consider  and
 may  select  conditions consistent with the court's obligation to impose
 [the least restrictive] A condition or conditions that  will  reasonably
 assure  the  defendant's return to court. The court shall explain on the
 record or in writing the reasons  for  its  determination  and  for  any
 changes to the conditions imposed.
   (b)  The  specific  method of electronic monitoring of the principal's
 location must be approved by the court. It must be [the  least  restric-
 tive] A procedure and method that will reasonably assure the principal's
 return to court, and unobtrusive to the greatest extent practicable.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.