NY State Senate Bill 2023-S9947

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 13, 2024	referred to rules

2023-S9947 (ACTIVE) - Details

See Assembly Version of this Bill:: A8242
Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §510.45, CP L; add §837-y, Exec L

2023-S9947 (ACTIVE) - Summary

Establishes the office of pretrial services to certify and establish guidelines for pretrial services agencies in the state; establishes a working group to prepare for the transition for pretrial services from public entities to private, non-profit entities; provides for the repeal of such working group upon the expiration thereof.

2023-S9947 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9947

SPONSOR: SALAZAR
 
TITLE OF BILL:

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 working
group upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL::

The purpose of this legislation is to improve the quality of pretrial
services in New York.

 
SUMMARY OF PROVISIONS::

Section 1: Amends subdivisions 1, 4 and 5 of section 510.45 of the crim-
inal procedure law to shift responsibility for certifying pret rial
services agencies from the Office of Court Administration to a new
Office of Pretrial Services, sets certain quality standards for such

agencies, limits costs for defendants associated with pretrial services,
and adds a new subsection 6 to make the pretrial ser vices agency in any
given case responsible for making recommendations for modifying the
conditions of non-monetary release.

Section 2: Amends subdivision 2 of section 510.45 of the criminal proce-
dure law to require that pretrial services be provided by comm unity-
based organizations and to clarify that providers may be certified in
more than one county.

Section 3: Adds a new section 837-Y to the executive law establishing
the Office of Pretrial services within the Division of Criminal Justice
Services and setting its duties and responsibilities, including:
contracting with at least one pretrial services agency in e ach county;
identifying and disseminating best practices for pretrial services;
developing training materials for provider staff; dev eloping a ques-
tionnaire for determining if a person poses a risk of flight; establish-
ing performance measures; identifying common cha llenges and barriers to
making court appearances; developing strategies for addressing the needs
of those under pretrial supervision; gathering data on 1) service deliv-
ery and decision-making tools, 2) characteristics of the population
receiving pretrial services, 3 ) failure to appear rates and subsequent
changes to pretrial release conditions, 4) pretrial rearrest data, 5)
services to which pret rial services agencies are making referrals, 6)
evaluations of pretrial services agencies, and 7) information on staff
caseloads; using all this data to make improvements in the system;
developing training materials for judges and court staff; seeking feed-
back from pretrial services recipients; establishing an advisory board
on pretrial services; and helping to coordinate funding to pretrial
services programs.

Section 4: Establishes a working group to help prepare for the transi-
tion of pretrial services from government agencies to private, non-pro-
fit entities.

Section 5: Effective date.

 
JUSTIFICATION:

New York's 2019 Bail Reform Law required every county to propose at
least one pretrial services agency to the Office of Court Administration
for certification. However, this legislation provided little guidance on
how to establish successful pretrial services programming.  As a result,
many counties have struggled to achieve successful programs.

Outside New York City, nearly fifty (50) counties selected their local
probation agency as their pretrial services provider. The purpose of
pretrial services is to provide support to legally innocent New Yorkers
accused of crimes to ensure their return to court thro ugh court hearing
reminders and support services. Contrary to this goal, the purpose of
probation agencies is to supervise those convicted of crimes to ensure
they do not commit new offenses or violate rules imposed by the court or
the probation agency.

To improve the quality of services, the proposed legislation would
require all counties to transition their pretrial services program s out
of their probation departments to community-based programs.  Eleven (11)
counties in our State already have these programs, including Cayuga,
Chemung; Wayne, Onondaga, Monroe, and New York City.  This bill would
also establish an Office of Pretrial Services within the Division of
Criminal Justice Services to help facilitate this transition, manage
funding, provide guidance and training, share best practices, monitor
service quality, identify and address the supports that people with
pending cases need, and collect and disseminate program data. These
functions will serve to improve pretrial services across New York, safe-
ly reducing jail populations and the use of money bail, increasing court
appearance rates, and reducing the likelihood of rearrest.

 
PRIOR LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

To be determined.

 
EFFECTIVE DATE::

Sections 1 and 3 of this bill shall take effect on April 1, 2024.

Section 2 shall take effect three years after it shall have become a
law. Section 4 shall take effect on April 1, 2024 and shall be deemed
repealed on April 1, 2026.

2023-S9947 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9947
 
                             I N  S E N A T E
 
                             November 13, 2024
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13450-01-3
 S. 9947                             2
 
 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".
   2. THE OFFICE SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
 S. 9947                             3
 
   (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
 DATES, ANY INFORMATION COLLECTED REGARDING REASONS FOR FAILURE TO APPEAR
 S. 9947                             4
 
 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;
 S. 9947                             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.

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Senate Bill S9947

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2023-S9947 (ACTIVE) - Details

2023-S9947 (ACTIVE) - Summary

2023-S9947 (ACTIVE) - Sponsor Memo

2023-S9947 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9947

Share this bill

Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Rules Committee

2023-S9947 (ACTIVE) - Details

2023-S9947 (ACTIVE) - Summary

2023-S9947 (ACTIVE) - Sponsor Memo

2023-S9947 (ACTIVE) - Bill Text download pdf

Comments