Bill Text: NY S06438 | 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 7-0)

Status: (Engrossed - Dead) 2020-02-05 - PRINT NUMBER 6438B [S06438 Detail]

Download: New_York-2019-S06438-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6438--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 11, 2019
                                       ___________

        Introduced by Sens. GIANARIS, BAILEY, BENJAMIN, MYRIE, RAMOS, SALAZAR --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Rules -- recommitted to the Committee on Judiciary in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13240-05-0

        S. 6438--B                          2

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