Senate Bill S9947

2023-2024 Legislative Session

Establishes the office of pretrial services

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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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Bill Amendments

2023-S9947 - 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 - Summary

Establishes the office of pretrial services to certify and establish guidelines for pretrial services agencies in the state.

2023-S9947 - Sponsor Memo

2023-S9947 - 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.
              

2023-S9947A (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-S9947A (ACTIVE) - Summary

Establishes the office of pretrial services to certify and establish guidelines for pretrial services agencies in the state.

2023-S9947A (ACTIVE) - Sponsor Memo

2023-S9947A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9947--A
 
                             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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the criminal procedure law and the executive law, in
   relation to establishing an office of pretrial services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2, 4 and 5 of section 510.45 of the crimi-
 nal procedure law, as added by section 8 of part JJJ of  chapter  59  of
 the  laws of 2019, are amended and  three new subdivisions 1-a, 2-a, and
 6 are 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]
 PROVIDE SERVICES TO 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 RESPONSIBIL-
 ITIES  REQUIRED   OF PRETRIAL SERVICES AGENCIES AS DESCRIBED IN SUBDIVI-
 SION THREE-A OF SECTION 500.10 OF THIS TITLE AND MEETS THE MINIMUM STAN-
 DARDS ESTABLISHED BY THE OFFICE OF PRETRIAL  SERVICES  AS  DESCRIBED  IN
 SUBDIVISION  TWO-A OF THIS SECTION. Such office shall maintain a listing
 on its public website identifying by county each pretrial services agen-
 cy [so] certified in the state,  INCLUDING  A  PHONE  NUMBER  AND  EMAIL
 CONTACT INFORMATION FOR EACH PRETRIAL SERVICES AGENCY.
   1-A.  IF  THE  OFFICE DETERMINES THAT IT IS APPROPRIATE TO DECERTIFY A
 PRETRIAL SERVICES AGENCY PURSUANT TO PARAGRAPH (N) OF SUBDIVISION TWO OF
 SECTION EIGHT HUNDRED THIRTY-SEVEN-Y OF THE EXECUTIVE LAW, BUT NO  SUIT-
 ABLE ALTERNATIVE AGENCY EXISTS, THE OFFICE MAY PERMIT THE EXISTING AGEN-
 CY  TO  CONTINUE  PROVIDING  SERVICES  ON  A PROBATIONARY BASIS, AND THE
 OFFICE SHALL IDENTIFY AND IMPOSE APPROPRIATE REMEDIES AND REMEDIAL MEAS-
 URES, WHERE APPROPRIATE, TO BRING THE AGENCY BACK IN LINE  WITH  MINIMUM
 STANDARDS.  REMEDIAL  MEASURES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,
 ADDITIONAL STAFF TRAINING, EXPANDED SUPERVISION BOTH WITHIN  THE  AGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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