S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8242
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 6, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the criminal procedure law and the executive law, in
   relation to establishing an office of pretrial services; provides  for
   the  establishment of a working group to prepare for the transition of
   pretrial services agencies; and provides for the repeal of such  work-
   ing group upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 4 and 5 of section 510.45 of  the  criminal
 procedure  law,  as  added by section 8 of part JJJ of chapter 59 of the
 laws of 2019, are amended and a new subdivision 6 is added  to  read  as
 follows:
   1. The office of [court administration] PRETRIAL SERVICES shall certi-
 fy  and  [regularly] review for recertification EVERY THREE YEARS one or
 more pretrial services agencies in each county to  monitor  [principals]
 PEOPLE released under non-monetary conditions.  IN ORDER TO BE CERTIFIED
 BY THE OFFICE, EACH PRETRIAL SERVICES AGENCY SHALL DEMONSTRATE THAT SUCH
 AGENCY  HAS:  THE  ABILITY  TO PERFORM THE RESPONSIBILITIES FOR PRETRIAL
 SERVICES AGENCY REQUIRED  IN  ACCORDANCE  WITH  SUBDIVISION  THREE-A  OF
 SECTION  500.10  OF  THIS  TITLE;  EXPERIENCE  WORKING  WITH INDIVIDUALS
 INVOLVED IN THE CRIMINAL LEGAL SYSTEM; AND THE CAPACITY TO CREATE  INDI-
 VIDUALIZED  PLANS  TO  SUPPORT  INDIVIDUALS  RELEASED UNDER NON-MONETARY
 CONDITIONS. Such office shall maintain a listing on its  public  website
 identifying  by  county  each pretrial services agency [so] certified in
 the state, INCLUDING A PHONE NUMBER AND EMAIL  CONTACT  INFORMATION  FOR
 EACH PRETRIAL SERVICES AGENCY.
   4.  Supervision  by  a  pre-trial  services agency may be ordered as a
 non-monetary condition pursuant to this title only if the  court  finds,
 after  notice, an opportunity to be heard and an individualized determi-
 nation explained on the record or in writing, that  no  other  realistic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13450-01-3
              

 A. 8242                             2
 
 non-monetary condition or set of non-monetary conditions will suffice to
 reasonably  assure the [principal's] PERSON'S return to court.  UNDER NO
 CIRCUMSTANCES SHALL SOMEONE RECEIVING PRETRIAL SERVICES BE  REQUIRED  TO
 PAY  OUT-OF-POCKET  FOR  SERVICES  PROVIDED  OR MANDATED BY THE PRETRIAL
 SERVICES AGENCY. PRETRIAL SERVICES AGENCIES SHALL MAKE EVERY  EFFORT  TO
 LIMIT TRANSPORTATION AND OTHER COSTS TO ACCESSING MANDATED SERVICES.
   5.  [Each]  THE  OFFICE  OF PRETRIAL SERVICES SHALL GATHER INFORMATION
 FROM EACH pretrial [service] SERVICES  agency  [certified  by]  AND  the
 office  of  court administration [pursuant to this section shall] at the
 end of each year [prepare and file with such office an  annual  report,]
 which  the  office  OF  PRETRIAL  SERVICES shall compile, publish on its
 website and make available upon request to members of the  public.  Such
 reports  shall  not include any personal identifying information for any
 individual [defendants].  Each such report, in addition to  other  rele-
 vant information, shall set forth, disaggregated by each county served:
   (a) the number of [defendants] INDIVIDUALS supervised by the agency;
   (b)  the length of time (in months) each such person was supervised by
 the agency prior to acquittal, dismissal, release on recognizance, revo-
 cation of release on conditions, and sentencing;
   (c) the race, ethnicity, age [and], sex AND GENDER  IDENTITY  of  each
 person supervised, WHERE AVAILABLE;
   (d) the crimes with which each person supervised was charged;
   (e)  the number of persons supervised for whom release conditions were
 modified by the court, describing generally for each person or group  of
 persons  the  type  and  nature  of the condition or conditions added or
 removed;
   (f) the number of persons supervised for whom release under conditions
 was revoked by the court, and the basis for such revocations; and
   (g) the court disposition in each supervised case, including  sentenc-
 ing information.
   6.  PRETRIAL SERVICES AGENCY SHALL BE RESPONSIBLE FOR MAKING PERIODIC,
 INDIVIDUALIZED RECOMMENDATIONS FOR EACH CASE ON WHETHER  THE  CONDITIONS
 OF NON-MONETARY RELEASE IMPOSED BY THE COURT SHOULD BE MODIFIED OR ELIM-
 INATED.  THE  COURT SHALL REVIEW ANY RECOMMENDATIONS TO MODIFY OR ELIMI-
 NATE THE NON-MONETARY CONDITIONS THE COURT IMPOSED AND MAKE AN  INDIVID-
 UALIZED DETERMINATION ON THE RECORD OR IN WRITING EXPLAINING THE REASONS
 FOR  THE  COURT'S  DETERMINATION  AND  FOR ANY CHANGES TO THE CONDITIONS
 IMPOSED.
   § 2. Subdivision 2 of section 510.45 of the criminal procedure law, as
 added by section 8 of part JJJ of chapter 59 of the  laws  of  2019,  is
 amended to read as follows:
   2.  Every  such agency shall be a [public entity under the supervision
 and control of a county or municipality or a]  non-profit  entity  under
 contract  to  [the  county,  municipality] ONE OR MORE COUNTIES, MUNICI-
 PALITIES, or the state. [A county or municipality shall be authorized to
 enter into a contract with another county or municipality in  the  state
 to  monitor  principals  under non-monetary conditions of release in its
 county, but counties] A PRETRIAL SERVICES AGENCY  MAY  BE  CERTIFIED  TO
 PROVIDE  SERVICES IN MORE THAN ONE COUNTY.  COUNTIES, municipalities and
 the state shall not contract with any private for-profit entity for such
 purposes.
   § 3. The executive law is amended by adding a  new  section  837-y  to
 read as follows:
   §  837-Y.  OFFICE OF PRETRIAL SERVICES. 1. THERE SHALL BE IN THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES AN OFFICE OF PRETRIAL SERVICES,  HERE-
 INAFTER IN THIS SECTION REFERRED TO AS THE "OFFICE".
 A. 8242                             3
 
   2. THE OFFICE SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (A)  TO  CERTIFY  AND  CONTRACT  WITH  AT  LEAST  ONE AGENCY PROVIDING
 PRETRIAL SERVICES IN EACH COUNTY PURSUANT TO SECTION 510.45 OF THE CRIM-
 INAL PROCEDURE LAW;
   (B) TO IDENTIFY AND DISSEMINATE BEST PRACTICES FOR  THE  PROVISION  OF
 PRETRIAL  SERVICES  THAT  WILL  MAXIMIZE THE LIKELIHOOD THAT INDIVIDUALS
 SUCCESSFULLY ATTEND COURT PROCEEDINGS;
   (C) TO DEVELOP INITIAL AND ONGOING TRAINING MATERIALS FOR STAFF  WORK-
 ING  AT  PRETRIAL  SERVICES  AGENCIES, CONSISTENT WITH GUIDELINES ESTAB-
 LISHED BY THE NATIONAL ASSOCIATION OF PRETRIAL SERVICES AGENCIES. TRAIN-
 ING MATERIALS SHALL INCLUDE RELEVANT INFORMATION REGARDING PRETRIAL LAWS
 IN NEW  YORK,  CULTURAL  COMPETENCY,  TRAUMA-INFORMED  CARE,  RISK-NEEDS
 RESPONSIVITY, VERBAL DE-ESCALATION AND CRISIS INTERVENTION, MOTIVATIONAL
 INTERVIEWING, FOUNDATIONAL CONCEPTS OF COGNITIVE-BEHAVIORAL THERAPY, AND
 EFFECTIVE PRACTICES IN COMMUNITY SUPERVISION;
   (D)  TO WORK WITH PRETRIAL SERVICES AGENCIES TO IDENTIFY OR DEVELOP AN
 APPROPRIATE QUESTIONNAIRE, INSTRUMENT OR TOOL THAT  MEETS  THE  REQUIRE-
 MENTS  FOR  SUCH QUESTIONNAIRE, INSTRUMENT OR TOOL SET FORTH IN SUBDIVI-
 SION THREE OF SECTION 510.45 OF THE CRIMINAL PROCEDURE LAW  FOR  USE  IN
 DETERMINING WHETHER A PERSON POSES A RISK OF FLIGHT TO AVOID PROSECUTION
 IN  ORDER  TO  INFORM THE AGENCY'S RECOMMENDATION TO THE COURT REGARDING
 WHETHER TO IMPOSE NON-MONETARY CONDITIONS AND, WHERE NECESSARY,  ON  THE
 TYPES OF CONDITIONS THAT WOULD BE APPROPRIATE;
   (E)  TO  WORK  WITH  AGENCIES PROVIDING PRETRIAL SERVICES TO ESTABLISH
 PERFORMANCE MEASURES;
   (F) TO IDENTIFY AND DEVELOP SOLUTIONS TO ADDRESS  BARRIERS  TO  MAKING
 COURT APPEARANCES BY:
   (I)  WORKING  WITH PRETRIAL SERVICES AGENCIES TO IDENTIFY COMMON CHAL-
 LENGES AND BARRIERS TO MAKING COURT APPEARANCES IN EACH COUNTY;
   (II) DETERMINING SERVICES NEEDED TO ADDRESS THE CHALLENGES AND  BARRI-
 ERS  IDENTIFIED  IN  SUBPARAGRAPH (I) OF THIS PARAGRAPH INCLUDING, WHERE
 NECESSARY, BY PILOTING NEW STRATEGIES TO ADDRESS THESE CHALLENGES  USING
 NATIONAL BEST PRACTICES AND RESEARCH FROM THIS AND OTHER FIELDS; AND
   (III)  COLLABORATING  WITH  OTHER  AGENCIES,  INCLUDING  THE OFFICE OF
 MENTAL HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE OFFICE
 FOR THE PREVENTION OF DOMESTIC VIOLENCE, THE  OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE,  AND THE DEPARTMENT OF HEALTH TO DEVELOP STRATE-
 GIES FOR ADDRESSING THE NEEDS OF THOSE UNDER PRETRIAL SUPERVISION;
   (G) TO COLLECT, RECEIVE AND PUBLISH IN A MACHINE  READABLE  FORMAT  ON
 THE  OFFICE'S  WEBSITE  ON AN ANNUAL BASIS THE AGGREGATE INFORMATION AND
 DATA REQUIRED PURSUANT TO SECTION 510.45 OF THE CRIMINAL  PROCEDURE  LAW
 REGARDING  THE  PROVISION  OF  SERVICES  AS  WELL AS ANY OTHER AGGREGATE
 INFORMATION OR DATA IDENTIFIED BY THE OFFICE INCLUDING, BUT NOT  LIMITED
 TO:
   (I)  ANY  TOOL  USED  TO  MAKE  DECISIONS  REGARDING  PLACEMENT WITH A
 PRETRIAL SERVICES AGENCY AND CONDITIONS  OF  RELEASE,  AS  WELL  AS  THE
 RESEARCH  VALIDATING  SUCH TOOL AND DEMONSTRATING THAT SUCH TOOL IS FREE
 FROM DISCRIMINATION ON THE BASIS OF RACE, NATIONAL ORIGIN, SEX,  OR  ANY
 OTHER  PROTECTED  CLASS,  AS  REQUIRED PURSUANT TO SECTION 510.45 OF THE
 CRIMINAL PROCEDURE LAW;
   (II) THE CATEGORIES OF SUPERVISION  USED  BY  EACH  PRETRIAL  SERVICES
 AGENCY AND THE NUMBER OF INDIVIDUALS STARTING UNDER EACH LEVEL OF SUPER-
 VISION, DISAGGREGATED BY RACE, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,
 AGE, AND ETHNICITY, TO THE EXTENT SUCH INFORMATION IS EASILY AVAILABLE;
   (III)  PRETRIAL  FAILURE  TO  APPEAR  RATES  OF  INDIVIDUALS RECEIVING
 PRETRIAL SERVICES, INCLUDING THE NUMBER WHO MISSED  ONE  OR  MORE  COURT
 A. 8242                             4
 
 DATES, ANY INFORMATION COLLECTED REGARDING REASONS FOR FAILURE TO APPEAR
 COLLECTED BY THE PRETRIAL SERVICES AGENCY, HOW MANY INDIVIDUALS APPEARED
 IN  COURT  VOLUNTARILY  FOLLOWING A FAILURE TO APPEAR, HOW MANY WARRANTS
 FOR  FAILURES  TO  APPEAR  WERE  ISSUED,  AND  HOW MANY INDIVIDUALS WERE
 DETAINED PRETRIAL OR PLACED ON ELECTRONIC MONITORING  PRETRIAL  AFTER  A
 FAILURE  TO  APPEAR  IN  COURT,  BROKEN DOWN BY RACE, SEX, SEXUAL ORIEN-
 TATION, GENDER IDENTITY, AGE, ETHNICITY, PRETRIAL  SERVICES  AGENCY  AND
 CONDITIONS  OF  SUPERVISION,  TO  THE  EXTENT SUCH INFORMATION IS EASILY
 AVAILABLE;
   (IV) INFORMATION ON THE PRETRIAL  REARREST  OF  INDIVIDUALS  RECEIVING
 PRETRIAL  SERVICES,  INCLUDING  THE  NUMBER  OF INDIVIDUALS ARRESTED AND
 CHARGED WITH A  NEW  MISDEMEANOR  OFFENSE  WHILE  RELEASED,  THE  NUMBER
 ARRESTED  AND  CHARGED  WITH  A  NEW  NON-VIOLENT  FELONY  OFFENSE WHILE
 RELEASED, AND THE NUMBER ARRESTED AND CHARGED WITH A NEW VIOLENT  FELONY
 OFFENSE  WHILE RELEASED, THE OUTCOME OF ANY REARREST, AND HOW LONG AFTER
 RELEASE SUCH ARRESTS OCCURRED;
   (V) THE TYPES OF SERVICES TO WHICH EACH PRETRIAL  SERVICES  AGENCY  IS
 MAKING  REFERRALS,  ANY CHALLENGES IDENTIFIED IN LINKING PARTICIPANTS TO
 SERVICES AND THE NAMES OF THE ORGANIZATIONS TO WHOM REFERRALS ARE  BEING
 MADE;
   (VI) INFORMATION REGARDING ANY EVALUATION OF A PRETRIAL SERVICES AGEN-
 CY CONDUCTED BY THE OFFICE;
   (VII)  INFORMATION  REGARDING  PERSONS PLACED ON ELECTRONIC MONITORING
 PROGRAMS PRETRIAL, INCLUDING, BUT NOT LIMITED TO: THE NUMBER OF  PARTIC-
 IPANTS;  THE DEMOGRAPHICS OF THE PARTICIPANT POPULATION, INCLUDING RACE,
 SEX, SEXUAL ORIENTATION, GENDER IDENTITY, AGE, AND ETHNICITY; THE CHARG-
 ES ON WHICH PARTICIPANTS ARE ORDERED TO THE  PROGRAM;  AND  THE  AVERAGE
 LENGTH  OF  PARTICIPATION IN THE PROGRAM, TO THE EXTENT SUCH INFORMATION
 IS EASILY AVAILABLE; AND
   (VIII) THE AVERAGE CASELOADS OF STAFF PROVIDING SUCH SERVICES;
   (H) TO REQUEST AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU,  COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
 VISION OF THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION
 AND DATA, SUBJECT TO LIMITATIONS ON THE DISCLOSURE  OF  INFORMATION,  AS
 SHALL  ENABLE THE OFFICE TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND
 DUTIES;
   (I) TO ANALYZE AND EVALUATE ALL  COLLECTED  DATA,  AND  COMMISSION  OR
 UNDERTAKE ANY NECESSARY RESEARCH AND STUDIES, TO IMPROVE THE DELIVERY OF
 PRETRIAL  SERVICES IN A MANNER THAT IS CONSISTENT WITH MEETING THE NEEDS
 AND CIRCUMSTANCES OF  EACH  COUNTY  AND  OF  THE  INDIVIDUALS  RECEIVING
 SERVICES,  ENSURING  THE  APPROPRIATE  USE  OF  SERVICES, AND PREVENTING
 RACIAL OR OTHER DISPARITIES;
   (J) TO WORK WITH LOCAL JURISDICTIONS TO DEVELOP TRAINING MATERIALS FOR
 JUDGES AND COURT  STAFF  ON  RESEARCH  AND  OTHER  RELEVANT  INFORMATION
 REGARDING  BEST  PRACTICES ON THE USE OF PRETRIAL SERVICES AND NON-MONE-
 TARY RELEASE;
   (K)  TO  EVALUATE  THE  PERFORMANCE  OF  AGENCIES  PROVIDING  PRETRIAL
 SERVICES, ASSIST AGENCIES TO IMPROVE SERVICES WHERE PROGRAMS DO NOT MEET
 PERFORMANCE  STANDARDS  SET  BY  THE OFFICE, AND DECERTIFY PROGRAMS THAT
 REMAIN UNABLE TO MEET THE STANDARDS;
   (L) TO ASSIST LOCAL JURISDICTIONS TO REGULARLY  ELICIT  FEEDBACK  FROM
 CURRENT  AND  FORMER RECIPIENTS OF PRETRIAL SERVICES REGARDING THE COURT
 PROCESS, THE SERVICES THEY RECEIVED,  RECOMMENDATIONS  TO  IMPROVE  SUCH
 SERVICES, AND ANY OTHER INFORMATION THAT THE OFFICE DEEMS APPROPRIATE;
   (M)  TO  INVESTIGATE  AND MONITOR ANY OTHER MATTER RELATED TO PRETRIAL
 SERVICES AS NEEDED;
 A. 8242                             5
 
   (N) TO DEVELOP RECOMMENDATIONS REGARDING THE DISTRIBUTION AND EXPENDI-
 TURE OF ANY MONIES APPROPRIATED FOR PRETRIAL SERVICES.  IN  MAKING  SUCH
 RECOMMENDATIONS,  THE  OFFICE  MAY  CONSIDER, IN ADDITION TO MEASURES OF
 PERFORMANCE, THE COMMITMENT OF LOCAL RESOURCES TO SUCH SERVICES AND  THE
 CHANGES  THERETO, THE GEOGRAPHIC BALANCE OF FUNDING AMONG THE REGIONS OF
 THE STATE, POPULATION, CRIME RATES, POVERTY RATES AND INDIVIDUAL  COMMU-
 NITY NEEDS;
   (O)  TO APPLY FOR AND ACCEPT ANY GRANT OR GIFT FOR ANY OF THE PURPOSES
 OF THE OFFICE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE  OFFICE  TO
 EFFECTUATE  ANY  SUCH  PURPOSE,  SUBJECT  TO  THE SAME LIMITATIONS AS TO
 APPROVAL OF EXPENDITURES AND AUDIT AS ARE PRESCRIBED  FOR  STATE  MONIES
 APPROPRIATED FOR SUCH PURPOSES; AND
   (P)  TO  TARGET  GRANTS  IN  SUPPORT  OF INNOVATIVE AND COST-EFFECTIVE
 SOLUTIONS THAT ENHANCE  THE  PROVISION  OF  QUALITY  PRETRIAL  SERVICES,
 INCLUDING COLLABORATIVE EFFORTS SERVING MULTIPLE COUNTIES.
   3.  THE  OFFICE SHALL ESTABLISH AN ADVISORY BOARD ON PRETRIAL SERVICES
 FOR THE PURPOSES  OF  PROVIDING  THE  OFFICE  WITH  RECOMMENDATIONS  FOR
 IMPROVING  SERVICES.  SUCH  ADVISORY  BOARD  SHALL  CONSIST  OF PRETRIAL
 SERVICES  AGENCY  STAFF,  CURRENT  OR  FORMER  RECIPIENTS  OF   PRETRIAL
 SERVICES,  REPRESENTATIVES  FROM  THE  NEW  YORK  STATE  ASSOCIATION  OF
 PRETRIAL SERVICES AGENCIES AND NATIONAL EXPERTS OR RESEARCHERS AS  NEED-
 ED.
   4.  THE  OFFICE  MAY  COORDINATE WITH LOCAL GOVERNMENTS ON CONTRACTING
 WITH CERTIFIED PRETRIAL SERVICES AGENCIES AND IN  COLLECTING  DATA  FROM
 THE AGENCIES.
   5.  WITHIN AMOUNTS APPROPRIATED THEREFOR, FUNDING SHALL BE MADE AVAIL-
 ABLE TO PAY FOR PRETRIAL SERVICES PROGRAMS CERTIFIED UNDER THIS  SECTION
 PURSUANT  TO  CRITERIA ESTABLISHED BY THE OFFICE OF PRETRIAL SERVICES IN
 CONSULTATION WITH  LOCAL  GOVERNMENTAL  UNITS,  WHICH  SHALL  TAKE  INTO
 CONSIDERATION  THE  LOCAL  NEEDS  AND  RESOURCES  AS IDENTIFIED BY LOCAL
 GOVERNMENTAL UNITS, THE AVERAGE NUMBER OF PEOPLE RECEIVING SUCH SERVICES
 AT ANY ONE TIME, THE LEVEL OF SERVICES  REQUIRED  BY  INDIVIDUALS  UNDER
 SUPERVISION, AND SUCH OTHER FACTORS AS MAY BE DEEMED NECESSARY.
   § 4. The office of pretrial services, in collaboration with the office
 of  court  administration  and  any other entity deemed necessary, shall
 establish a working group to prepare  for  the  transition  of  pretrial
 services from public entities to private, non-profit entities. The work-
 ing  group  shall  organize  meetings with relevant stakeholders and the
 general public to provide education and solicit feedback  regarding  the
 transition of services.
   §  5.  This act shall take effect on April 1, 2024; provided, however,
 that section two of this act shall take  effect  three  years  after  it
 shall  have  become  a  law; and provided further, however, that section
 four of this act shall expire and be deemed repealed on April  1,  2026.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.