Bill Text: NY A07062 | 2023-2024 | General Assembly | Introduced
Bill Title: Removes the requirement that certain orders releasing a principal on such principal's own recognizance, releasing a principal under non-monetary conditions, or fixing bail, be tailored according to the least restrictive means.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A07062 Detail]
Download: New_York-2023-A07062-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7062 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The opening paragraph of subdivision 1 and subdivision 3 of 2 section 510.10 of the criminal procedure law, the opening paragraph of 3 subdivision 1 as amended by section 1 of subpart C of part UU of chapter 4 56 of the laws of 2022 and subdivision 3 as added by section 2 of part 5 JJJ of chapter 59 of the laws of 2019, are amended to read as follows: 6 When a principal, whose future court attendance at a criminal action 7 or proceeding is or may be required, comes under the control of a court, 8 such court shall, in accordance with this title, by a securing order 9 release the principal on the principal's own recognizance, release the 10 principal under non-monetary conditions, or, where authorized, fix bail 11 or commit the principal to the custody of the sheriff. In all such 12 cases, except where another type of securing order is shown to be 13 required by law, the court shall release the principal pending trial on 14 the principal's own recognizance, unless it is demonstrated and the 15 court makes an individualized determination that the principal poses a 16 risk of flight to avoid prosecution. If such a finding is made, the 17 court must select [the least restrictive alternative and] a condition or 18 conditions that will reasonably assure the principal's return to court. 19 The court shall explain its choice of release, release with conditions, 20 bail or remand on the record or in writing. In making its determination, 21 the court must consider and take into account available information 22 about the principal, including: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10583-01-3A. 7062 2 1 3. In cases other than as described in subdivision four of this 2 section the court shall release the principal pending trial on the prin- 3 cipal's own recognizance, unless the court finds on the record or in 4 writing that release on the principal's own recognizance will not 5 reasonably assure the principal's return to court. In such instances, 6 the court shall release the principal under non-monetary conditions, 7 selecting [the least restrictive alternative and] conditions that will 8 reasonably assure the principal's return to court. The court shall 9 explain its choice of [alternative and] conditions on the record or in 10 writing. 11 § 2. The opening paragraph of subdivision 1 of section 510.30 of the 12 criminal procedure law, as amended by section 2 of subpart C of part UU 13 of chapter 56 of the laws of 2022, is amended to read as follows: 14 With respect to any principal, the court in all cases, unless other- 15 wise provided by law, must impose the [least restrictive] kind and 16 degree of control or restriction that is necessary to secure the princi- 17 pal's return to court when required. In determining that matter, the 18 court must, on the basis of available information, consider and take 19 into account information about the principal that is relevant to the 20 principal's return to court, including: 21 § 3. Subdivision 3 and paragraph (b) of subdivision 4 of section 22 510.40 of the criminal procedure law, as added by section 6 of part JJJ 23 of chapter 59 of the laws of 2019, are amended to read as follows: 24 3. Non-monetary conditions of release shall be individualized and 25 established in writing by the court. At future court appearances, the 26 court shall consider a lessening of conditions or modification of condi- 27 tions to a less burdensome form based on the principal's compliance with 28 such conditions of release. In the event of alleged non-compliance with 29 the conditions of release in an important respect, pursuant to this 30 subdivision, additional conditions may be imposed by the court, on the 31 record or in writing, only after notice of the facts and circumstances 32 of such alleged non-compliance, reasonable under the circumstances, 33 affording the principal and the principal's attorney and the people an 34 opportunity to present relevant, admissible evidence, relevant witnesses 35 and to cross-examine witnesses, and a finding by clear and convincing 36 evidence that the principal violated a condition of release in an impor- 37 tant respect. Following such a finding, in determining whether to impose 38 additional conditions for non-compliance, the court shall consider and 39 may select conditions consistent with the court's obligation to impose 40 [the least restrictive] a condition or conditions that will reasonably 41 assure the defendant's return to court. The court shall explain on the 42 record or in writing the reasons for its determination and for any 43 changes to the conditions imposed. 44 (b) The specific method of electronic monitoring of the principal's 45 location must be approved by the court. It must be [the least restric-46tive] a procedure and method that will reasonably assure the principal's 47 return to court, and unobtrusive to the greatest extent practicable. 48 § 4. This act shall take effect on the first of November next succeed- 49 ing the date upon which it shall have become a law.