Bill Text: NY A08441 | 2019-2020 | General Assembly | Amended

---

Bill Title: Requires the office of court administration to publish annually on its website pretrial data and information related to pretrial detention.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-25 - reported referred to ways and means [A08441 Detail]

Download: New_York-2019-A08441-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8441--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      July 8, 2019
                                       ___________

        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  judiciary  law, in relation to the reporting of
          pretrial data by the chief administrator

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 216 of the judiciary law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5.  The  chief  administrator  of the courts shall request and receive
     4  data from every court where bail decisions  are  made  and  include  all
     5  points  of  data  specified in this subdivision. Such courts shall track
     6  and record such data in every case to provide quarterly reports, in  the
     7  aggregate,  to  the  office of court administration in a form decided by
     8  the office of court administration, and to  the  public,  in  accordance
     9  with  the  provisions  of  this  subdivision.  The  division of criminal
    10  justice services  shall  collect  from  all  counties  data  related  to
    11  pretrial  detention and include related points of data specified in this
    12  section. The office of court administration,  in  conjunction  with  the
    13  division  of  criminal  justice services, shall publish such data on the
    14  office of court administration's public website no later than the  first
    15  of March annually. Such data shall include:
    16    (a)  the  total  number  of  cases in the system, both open and closed
    17  cases, disaggregated by county;
    18    (b) the number of individuals released on recognizance,  disaggregated
    19  by race, gender, county, top charge, and case outcome;
    20    (c)  the  number of individuals released on conditions, specifying the
    21  number of people ordered to electronic monitoring, the number  of  cases

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13240-04-0
        A. 8441--B                          2

     1  in  which  the order for electronic monitoring was extended beyond sixty
     2  days and the median and mean length of time individuals spent  on  elec-
     3  tronic  monitoring,  all  disaggregated  by  race,  gender,  county, top
     4  charge, and case outcome;
     5    (d) the number of individuals released on each form of bail, including
     6  the median and mean bail amounts ordered, disaggregated by race, gender,
     7  county, top charge, and case outcome;
     8    (e)  the  number  of individuals committed to the custody of a sheriff
     9  prior to trial either on bail or on remand,  including  the  median  and
    10  mean length of pretrial detention and the median and mean bail amount of
    11  persons  committed to such custody, disaggregated by race, gender, coun-
    12  ty, top charge, and case outcome;
    13    (f) the number of individuals who post bail and the  median  and  mean
    14  length  of  time  prior  to bail payment, disaggregated by race, gender,
    15  county, top charge, and case outcome;
    16    (g) the number of  cases  resulting  in  each  disposition,  including
    17  acquittals,  dismissals,  plea convictions, or trial convictions, disag-
    18  gregated by race, gender, county, and top charge;
    19    (h) the rates of failure to  appear  and  rearrest,  disaggregated  by
    20  county, top charge, and case outcome;
    21    (i)  the rates of modifications to securing orders, including the type
    22  and extent of any modifications, disaggregated by race, gender,  county,
    23  top charge, and case outcome;
    24    (j)  the  median  and mean length of time it takes for a case to reach
    25  disposition (the median and mean total time period between the filing of
    26  an accusatory instrument (or first court appearance where an  appearance
    27  ticket has been filed) and the case disposition) disaggregated by county
    28  and top charge;
    29    (k) median and mean amount of fines imposed by the court at the dispo-
    30  sition  of  the  case,  disaggregated  by  race, gender, county, and top
    31  charge;
    32    (l) total number of people who were incarcerated due to a  failure  to
    33  pay a fine imposed; and
    34    (m) any other such information deemed necessary and appropriate by the
    35  office of court administration.
    36    § 2. This act shall take effect immediately.