Bill Text: NY S02523 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S02523 Detail]

Download: New_York-2023-S02523-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2523

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 23, 2023
                                       ___________

        Introduced  by  Sen. HELMING -- 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 offenses  for
          which  a  court  may  fix bail or commit a principal to custody of the
          sheriff

          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 section
     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; or  that  the  principal  has  been
    17  designated  a sex offender under article six-C of the correction law. If
    18  such a finding is made, the court  must  select  the  least  restrictive
    19  alternative  and condition or conditions that will reasonably assure the
    20  principal's return to court.   The court shall  explain  its  choice  of
    21  release,  release  with  conditions,  bail or remand on the record or in
    22  writing. In making its determination, the court must consider  and  take
    23  into account available information about the principal, including:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05471-01-3
        S. 2523                             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:  (a) release on the principal's own recognizance will not
     5  reasonably assure the principal's return to court; or (b) that the prin-
     6  cipal  has  been  designated  a  sex offender under article six-C of the
     7  correction law. In such instances, the court shall release the principal
     8  under non-monetary conditions, selecting the least restrictive  alterna-
     9  tive  and  conditions that will reasonably assure the principal's return
    10  to court; provided, however, where the principal has been  designated  a
    11  sex offender under article six-C of the correction law, the court may in
    12  its  discretion  fix  bail or commit the principal to the custody of the
    13  sheriff. The court shall explain its [choice  of  alternative]  determi-
    14  nation and conditions on the record or in writing.
    15    §  2.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
    16  section 530.20 of the criminal procedure law, as amended by section 3 of
    17  subpart C of part UU of chapter 56 of the laws of 2022,  is  amended  to
    18  read as follows:
    19    In  cases other than as described in paragraph (b) of this subdivision
    20  the court shall release the principal pending trial on  the  principal's
    21  own  recognizance,  unless  the  court finds on the record or in writing
    22  that: release on the principal's own recognizance  will  not  reasonably
    23  assure  the  principal's return to court; or that the principal has been
    24  designated a sex offender under article six-C of the correction law.  In
    25  such instances, the court shall release the principal under non-monetary
    26  conditions,  selecting  the least restrictive alternative and conditions
    27  that will reasonably assure the principal's return to  court;  provided,
    28  however,  where  the  principal has been designated a sex offender under
    29  article six-C of the correction law, the court may in its discretion fix
    30  bail or commit the principal to the custody of the sheriff.   The  court
    31  shall  explain  its [choice of alternative] determination and conditions
    32  on the record or in writing. In making its determination, the court must
    33  consider and take into account available information about  the  princi-
    34  pal, including:
    35    §  3.  The opening paragraph of subdivision 3 of section 530.40 of the
    36  criminal procedure law, as amended by section 3 of subpart B of part  UU
    37  of chapter 56 of the laws of 2022, is amended to read as follows:
    38    In  cases  other than as described in subdivision four of this section
    39  the court shall release the principal pending trial on  the  principal's
    40  own  recognizance,  unless  the  court finds on the record or in writing
    41  that: release on the principal's own recognizance  will  not  reasonably
    42  assure  the  principal's return to court; or that the principal has been
    43  designated a sex offender under article six-C of the correction law.  In
    44  such instances, the court shall release the principal under non-monetary
    45  conditions,  selecting  the least restrictive alternative and conditions
    46  that will reasonably assure the principal's return  to  court;  however,
    47  where  the  principal  has  been designated a sex offender under article
    48  six-C of the correction law, the court may in its discretion fix bail or
    49  commit the principal to the custody of  the  sheriff.  The  court  shall
    50  explain  its [choice of alternative] determination and conditions on the
    51  record or in writing.  In  making  its  determination,  the  court  must
    52  consider  and  take into account available information about the princi-
    53  pal, including:
    54    § 4. This act shall take effect on the thirtieth day  after  it  shall
    55  have become a law.