NY State Senate Bill 2025-S857

Current Bill Status - In Senate Committee Codes 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
Jan 08, 2025	referred to codes

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2025-S857 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b), CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7530
2021-2022: S3310
2023-2024: S250

2025-S857 (ACTIVE) - Summary

Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.

2025-S857 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S857

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to bail reform;
and to repeal certain provisions of such law relating thereto

 
PURPOSE:

This bill provides courts with the authority and tools necessary to
render securing orders, when an individual charged with a crime(s)
continues to pose a danger to the community and/or a risk of flight to
avoid prosecution. This bill requires that a risk and needs assessment
be utilized to assist the court in making such determinations.

 
SUMMARY OF PROVISIONS:

Sections one through eleven amend pertinent sections of the criminal
procedure law to effectuate the intent of this legislation.

Section 12 establishes the effective date.

 
JUSTIFICATION:

The criminal justice changes codified in statute as part of the State
Fiscal Year 2019-20 enacted budget, which eliminated cash bail and
pretrial detention for most criminal offenses beginning on January 1,
2020, has proven to be a detriment to communities across New York State.

To date, thousands of individuals charged with serious crimes have been
released; a significant number have reoffended and victimized members of
communities throughout the State. This risk of danger to our communities
neglects governments' fundamental responsibility to protect its citi-
zens.

Moreover, these changes have hindered the ability of the judiciary to
render individualized securing order decisions except in very limited
circumstances. This legislation ameliorates the existing statute by
restoring the discretion of the courts and requiring that a risk and
needs assessment be utilized as part of the decision making process.

 
LEGISLATIVE HISTORY:

2023-24: S.250/A.5169 Referred to Codes/held for consideration in Codes

2021-22: S.3310/A.6933 Referred to Codes/held for consideration in Codes

2019-20: S.7530/A.9885 Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S857 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    857
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO,  MATTERA, MURRAY, OBERACKER,
   O'MARA, PALUMBO -- read twice and ordered printed, and when printed to
   be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to bail  reform;
   and to repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 500.10 of the criminal procedure law is amended  by
 adding a new subdivision 23 to read as follows:
   23.  "RISK  AND  NEEDS  ASSESSMENT"  MEANS A RISK AND NEEDS ASSESSMENT
 INSTRUMENT, APPROVED BY THE CHIEF ADMINISTRATIVE JUDGE  OF  THE  UNIFIED
 COURT  SYSTEM.  SUCH  APPROVED ASSESSMENT INSTRUMENT SHALL BE OBJECTIVE,
 STANDARDIZED AND DEVELOPED BASED ON ANALYSIS OF EMPIRICAL DATA AND  RISK
 FACTORS  RELEVANT TO THE PRINCIPAL'S DANGER TO THE COMMUNITY AND RISK OF
 FAILURE OF A PRINCIPAL TO APPEAR. SUCH  APPROVED  ASSESSMENT  INSTRUMENT
 SHALL  NOT  BE  DISCRIMINATORY  BASED ON RACE, NATIONAL ORIGIN, SEX, ANY
 OTHER PROTECTED CLASS OR SOCIOECONOMIC STATUS.
   § 2. Section 510.10 of the  criminal  procedure  law,  as  amended  by
 section  2  of  part  JJJ of chapter 59 of the laws of 2019, the opening
 paragraph as added by, the opening paragraph of subdivision 1,  subdivi-
 sion  3,  and  the  opening  paragraph  of  subdivision 4, as amended by
 section 2 of subpart A of part VV of chapter 56 of  the  laws  of  2023,
 subdivision 1 as amended by section 1 of subpart C of part UU of chapter
 56 of the laws of 2022, subdivision 4 as amended by section 2 of part UU
 of chapter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision
 4 as amended and paragraph (u) of subdivision 4 as added by section 2 of
 subpart  B  of  part UU of chapter 56 of the laws of 2022, is amended to
 read as follows:
 § 510.10 Securing order; when required; alternatives available; standard
            to be applied.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02583-01-5
 S. 857                              2
 
   The imposition of a specific type of securing order is in  some  cases
 required by law and in other cases within the discretion of the court in
 accordance with the principles of, and pursuant to its authority granted
 under, this title.
   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, such court shall impose a securing order [in accordance with this
 title] REQUEST OF THE APPLICABLE COUNTY PRE-TRIAL SERVICES AGENCY THAT A
 RISK AND NEEDS ASSESSMENT BE CONDUCTED ON  THE  ELIGIBLE  PRINCIPAL  AND
 SUCH  COURT  SHALL  TAKE INTO ACCOUNT THE RISK AND NEEDS ASSESSMENT, BUT
 SUCH ASSESSMENT SHALL NOT BE THE  SOLE  DETERMINATIVE  FACTOR,  FOR  THE
 PURPOSE  OF  DETERMINING  WHETHER  SUCH  PRINCIPAL  SHOULD  BE RELEASED.
 Except as otherwise required by law, the court shall [make  an  individ-
 ualized determination as to] DETERMINE whether the principal IS A DANGER
 TO THE COMMUNITY OR poses a risk of flight to avoid prosecution, consid-
 er the kind and degree of control or restriction necessary to reasonably
 assure  the  principal's  return  to  court, and select a securing order
 consistent with its determination  under  this  subdivision.  The  court
 shall explain the basis for its determination and its choice of securing
 order  on the record or in writing. In making a determination under this
 subdivision, the court must consider and  take  into  account  available
 information about the principal, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record with respect to  flight  to  avoid
 criminal prosecution;
   (f)  If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail without posing undue hardship, as well as [his or her] SUCH PRINCI-
 PAL'S ability to obtain a secured, unsecured, or partially secured bond;
   (g) Any violation by the principal of an order of protection issued by
 any court;
   (h) The principal's history of use or possession of a firearm;
   (i)  Whether  the  charge is alleged to have caused serious harm to an
 individual or group of individuals; and
   (j) If the principal is a defendant, in the case of an application for
 a securing order pending appeal, the merit  or  lack  of  merit  of  the
 appeal.
   2.  A  principal  is  entitled to representation by counsel under this
 chapter in preparing an application for release, when a  securing  order
 is  being  considered  and  when  a securing order is being reviewed for
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
   3. [In cases other than as  described  in  subdivision  four  of  this
 section,  the  court  shall  release  the principal pending trial on the
 principal'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  as
 provided for in subdivision three-a of section 500.10 of this title that
 S. 857                              3

 will  reasonably assure the principal's return to court. The court shall
 explain its choice of securing order on the record or in writing.
   4.   Where the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or order non-monetary  conditions  in
 conjunction  with fixing bail, or, where the defendant is charged with a
 qualifying offense which is a felony, the court may commit the principal
 to the custody of the sheriff. A principal stands charged with a  quali-
 fying offense for the purposes of this subdivision when he or she stands
 charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this title;
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 S. 857                              4

 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this title;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision.  For the purposes of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 S. 857                              5

 but not be limited to theft of or damage to property.    However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; or
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law.
   5. Notwithstanding the provisions of subdivisions three  and  four  of
 this  section, with] WITH respect to any charge for which bail or remand
 is not ordered, and for which the court would not [or could not]  other-
 wise  require bail or remand, a defendant may, at any time, request that
 the court set bail in a nominal amount requested by the defendant in the
 form specified in paragraph (a) of subdivision one of section 520.10  of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   [6.]  4.  When  a securing order is revoked or otherwise terminated in
 the course of an uncompleted action or proceeding  but  the  principal's
 future court attendance still is or may be required and the principal is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 3. Subdivision 1 of section 510.20 of the criminal procedure law, as
 amended by section 3 of subpart A of part VV of chapter 56 of  the  laws
 of 2023, is amended to read as follows:
   1.  Upon  any  occasion  when a court has issued a securing order with
 respect to a principal and the principal is confined in the  custody  of
 the  sheriff  as  a  result of the securing order or a previously issued
 securing order, the principal may make an application for  recognizance,
 release  under  non-monetary  conditions,  bail, a reduction of bail, or
 imposition of non-monetary conditions in  conjunction  with  bail  or  a
 reduction  of  bail.  ANY  SUCH  DECISION BY THE COURT FOR A CHANGE IN A
 SECURING ORDER WITH RESPECT TO A PRINCIPAL SHALL TAKE INTO  ACCOUNT  THE
 RISK  AND  NEEDS ASSESSMENT CONDUCTED BY THE APPLICABLE COUNTY PRE-TRIAL
 SERVICES AGENCY, BUT SUCH ASSESSMENT SHALL NOT BE THE SOLE DETERMINATIVE
 FACTOR.
   § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as
 amended by section 4 of subpart A of part VV of chapter 56 of  the  laws
 of 2023, is amended to read as follows:
   1.  With  respect  to  any  principal,  the court in all cases, unless
 otherwise provided by law, must impose a securing  order  in  accordance
 with  section  510.10  of this article, and shall, IN ADDITION TO TAKING
 INTO ACCOUNT THE RISK AND NEEDS ASSESSMENT CONDUCTED BY  THE  APPLICABLE
 COUNTY  PRE-TRIAL  SERVICES  AGENCY,  explain the basis for its determi-
 nation and choice of securing order on the record or in writing.
   § 5. Paragraph (a) of subdivision 3 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:
   [(a) Any questionnaire, instrument or tool] THE RISK AND NEEDS ASSESS-
 MENT INSTRUMENT used with a principal in the process of  considering  or
 determining  the  principal's  possible release on recognizance, release
 under non-monetary conditions or on bail, or used with  a  principal  in
 the  process  of considering or determining a condition or conditions of
 S. 857                              6
 
 release or monitoring by a pretrial services agency, shall  be  promptly
 made  available to the principal and the principal's counsel upon [writ-
 ten] request. [Any such blank form questionnaire,  instrument  or  tool]
 ANY  SUCH  BLANK  RISK AND NEEDS ASSESSMENT INSTRUMENT regularly used in
 the county for such purpose or a related purpose shall be made available
 to any person promptly upon WRITTEN request.
   § 6. Paragraph (b) of subdivision 3 of section 510.45 of the  criminal
 procedure law is REPEALED.
   §  7. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
 procedure law, as amended by section 6 of subpart A of part VV of  chap-
 ter 56 of the laws of 2023, is amended to read as follows:
   (a)  [In cases other than as described in paragraph (b) of this subdi-
 vision,] WHEN THE PRINCIPAL IS CHARGED WITH AN OFFENSE  OR  OFFENSES  OF
 LESS THAN FELONY GRADE ONLY the court shall [release the] REQUEST OF THE
 APPLICABLE  COUNTY PRE-TRIAL SERVICES AGENCY A RISK AND NEEDS ASSESSMENT
 BE CONDUCTED ON THE ELIGIBLE PRINCIPAL AND THE  COURT  SHALL  TAKE  INTO
 ACCOUNT  THE RISK AND NEEDS ASSESSMENT, BUT SUCH ASSESSMENT SHALL NOT BE
 THE SOLE DETERMINATIVE FACTOR, FOR THE PURPOSE  OF  DETERMINING  WHETHER
 SUCH  principal  SHOULD BE RELEASED pending trial on the principal's own
 recognizance or release the principal pending trial  under  non-monetary
 conditions, OR WHERE AUTHORIZED, FIX BAIL OR COMMIT THE PRINCIPAL TO THE
 CUSTODY  OF  THE  SHERIFF,  the determination for which shall be made in
 accordance with subdivision one of section 510.10  of  this  title.  The
 court shall explain the basis for its determination and choice of secur-
 ing  order,  RELEASE,  RELEASE  WITH  CONDITIONS,  BAIL OR REMAND on the
 record or in writing.
   § 8. Paragraph (b) of subdivision 1 of section 530.20 of the  criminal
 procedure law is REPEALED.
   §  9. Paragraph (d) of subdivision 1 of section 530.20 of the criminal
 procedure law, as added by section 16 of part JJJ of chapter 59  of  the
 laws  of  2019,  is  relettered  paragraph  (b)  and  amended to read as
 follows:
   (b) [Notwithstanding the provisions of paragraphs (a) and (b) of  this
 subdivision,  with]  WITH respect to any charge for which bail or remand
 is not ordered, and for which the court would not [or could not]  other-
 wise  require bail or remand, a defendant may, at any time, request that
 the court set bail in a nominal amount requested by the defendant in the
 form specified in paragraph (a) of subdivision one of section 520.10  of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   §  10. The opening paragraph of subdivision 2 of section 530.20 of the
 criminal procedure law, as amended by section 6 of subpart A part VV  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   When the defendant is charged, by felony complaint, with a felony, the
 court [may, in its discretion, and] in accordance with section 510.10 of
 this  title,  [order]  SHALL, REQUEST OF THE APPLICABLE COUNTY PRE-TRIAL
 SERVICES AGENCY A RISK AND NEEDS ASSESSMENT BE CONDUCTED ON THE ELIGIBLE
 DEFENDANT AND THE COURT SHALL TAKE  INTO  ACCOUNT  THE  RISK  AND  NEEDS
 ASSESSMENT,  BUT  SUCH  ASSESSMENT  SHALL  NOT BE THE SOLE DETERMINATIVE
 FACTOR, FOR THE PURPOSE OF DETERMINING WHETHER SUCH DEFENDANT SHOULD  BE
 RELEASED  ON  THE DEFENDANT'S OWN recognizance, [release] RELEASED under
 non-monetary conditions, or, where authorized, fix bail, or  order  non-
 monetary  conditions  in  conjunction  with  fixing  bail, or commit the
 defendant to the custody of the sheriff except as otherwise provided  in
 [subdivision one of this section or] this subdivision:
 S. 857                              7
 
   §  11.  Section  530.40  of  the criminal procedure law, as amended by
 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision  3
 and  the  opening  paragraph of subdivision 4 as amended by section 8 of
 subpart A of part VV of chapter 56 of the laws of 2023, and  subdivision
 4  as amended by section 4 of part UU of chapter 56 of the laws of 2020,
 paragraphs (s) and (t) of subdivision 4 as amended and paragraph (u)  of
 subdivision  4  as added by section 4 of subpart B of part UU of chapter
 56 of the laws of 2022, is amended to read as follows:
 § 530.40 Order of recognizance, release under non-monetary conditions or
            bail; by superior court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application of a defendant, must or may order recognizance or bail
 as follows:
   1. When the defendant is charged with an offense or offenses  of  less
 than felony grade only, the court must, REQUEST OF THE APPLICABLE COUNTY
 PRE-TRIAL  SERVICES  AGENCY  A RISK AND NEEDS ASSESSMENT BE CONDUCTED ON
 THE ELIGIBLE DEFENDANT AND THE COURT SHALL TAKE INTO  ACCOUNT  THE  RISK
 AND NEEDS ASSESSMENT, BUT SUCH ASSESSMENT SHALL NOT BE THE SOLE DETERMI-
 NATIVE  FACTOR,  FOR  THE PURPOSE OF DETERMINING WHETHER SUCH DEFENDANT,
 unless otherwise provided by law, SHOULD BE  RELEASED  ON  AN  order  OF
 recognizance  or  BAIL  OR  release  under  non-monetary  conditions [in
 accordance with this section] OR COMMIT THE DEFENDANT TO THE CUSTODY  OF
 THE SHERIFF.
   2. When the defendant is charged with a felony, the court [may, unless
 otherwise  provided  by  law in its discretion, order]  SHALL REQUEST OF
 THE APPLICABLE COUNTY PRE-TRIAL SERVICES AGENCY A RISK AND NEEDS ASSESS-
 MENT BE CONDUCTED ON THE ELIGIBLE DEFENDANT AND  THE  COURT  SHALL  TAKE
 INTO  ACCOUNT  THE  RISK AND NEEDS ASSESSMENT, BUT SUCH ASSESSMENT SHALL
 NOT BE THE SOLE DETERMINATIVE FACTOR, FOR  THE  PURPOSE  OF  DETERMINING
 WHETHER  SUCH DEFENDANT SHOULD BE RELEASED ON THE DEFENDANT'S OWN recog-
 nizance, [release] RELEASED  under  non-monetary  conditions  or,  where
 authorized,  bail OR COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF.
 In any such case in which an indictment (a) has resulted from  an  order
 of  a  local  criminal court holding the defendant for the action of the
 grand jury, or (b) was filed at a time when a felony complaint  charging
 the  same  conduct  was  pending in a local criminal court, and in which
 such local criminal court or a superior court judge has issued an  order
 of recognizance, release under non-monetary conditions or, where author-
 ized,  bail  which is still effective, the superior court's order may be
 in the form of a direction continuing the effectiveness of the  previous
 order.
   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 or release the principal  pending  trial  under
 non-monetary  conditions,  the  determination for which shall be made in
 accordance with section 510.10 of this title. The  court  shall  explain
 the  basis  for  its  determination  and choice of securing order on the
 record or in writing.
   4. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion, and in
 accordance  with  section  510.10  of  this title, release the principal
 pending trial on the principal's own recognizance or under  non-monetary
 conditions,  fix  bail,  or order non-monetary conditions in conjunction
 with fixing bail, or, where the defendant is charged with  a  qualifying
 offense  which  is  a  felony, the court may commit the principal to the
 custody of the sheriff. The court shall explain the basis for its deter-
 S. 857                              8

 mination and its choice of securing order on the record or in writing. A
 principal stands charged with a qualifying offense for the  purposes  of
 this subdivision when he or she stands charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A  felonies under article two hundred twenty of such law, only class A-I
 felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 S. 857                              9

 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this article;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; or
 S. 857                             10

   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law.
   5.  Notwithstanding  the  provisions of subdivisions three and four of
 this section, with] WITH respect to any charge for which bail or  remand
 is  not ordered, and for which the court would not [or could not] other-
 wise require bail or remand, a defendant may, at any time, request  that
 the court set bail in a nominal amount requested by the defendant in the
 form  specified in paragraph (a) of subdivision one of section 520.10 of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   [6.] 4. Notwithstanding the provisions of  [subdivisions]  SUBDIVISION
 two[,  three  and  four] of this section, a superior court may not order
 recognizance, release under non-monetary conditions  or,  where  author-
 ized,  bail,  or  permit a defendant to remain at liberty pursuant to an
 existing order, after the defendant has been convicted of either: (a)  a
 class  A felony or (b) any class B or class C felony as defined in arti-
 cle one hundred thirty of the penal law committed  or  attempted  to  be
 committed  by  a  person eighteen years of age or older against a person
 less than eighteen years of age. In either case the court must commit or
 remand the defendant to the custody of the sheriff.
   [7.] 5. Notwithstanding the provisions of  [subdivisions]  SUBDIVISION
 two[,  three  and  four] of this section, a superior court may not order
 recognizance, release under non-monetary conditions  or,  where  author-
 ized,  bail when the defendant is charged with a felony unless and until
 the district attorney has had an opportunity to be heard in  the  matter
 and  such court and counsel for the defendant have been furnished with a
 report as described in subparagraph (ii) of paragraph (b) of subdivision
 two of section 530.20 of this article.
   § 12. This act shall take effect immediately.

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Senate Bill S857

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S857 (ACTIVE) - Details

2025-S857 (ACTIVE) - Summary

2025-S857 (ACTIVE) - Sponsor Memo

2025-S857 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S857

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Sponsored By

Patrick M. Gallivan

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

George M. Borrello

Mario R. Mattera

Dean Murray

Peter Oberacker

2025-S857 (ACTIVE) - Details

2025-S857 (ACTIVE) - Summary

2025-S857 (ACTIVE) - Sponsor Memo

2025-S857 (ACTIVE) - Bill Text download pdf

Comments