Bill Text: NY S02615 | 2021-2022 | General Assembly | Introduced
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 - Dead) 2022-01-05 - REFERRED TO CODES [S02615 Detail]
Download: New_York-2021-S02615-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2615 2021-2022 Regular Sessions IN SENATE January 22, 2021 ___________ 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. Subdivisions 1 and 3 of section 510.10 of the criminal 2 procedure law, subdivision 1 as amended and subdivision 3 as added by 3 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended to 4 read as follows: 5 1. When a principal, whose future court attendance at a criminal 6 action or proceeding is or may be required, comes under the control of a 7 court, such court shall, in accordance with this title, by a securing 8 order release the principal on the principal's own recognizance, release 9 the principal under non-monetary conditions, or, where authorized, fix 10 bail or commit the principal to the custody of the sheriff. In all such 11 cases, except where another type of securing order is shown to be 12 required by law, the court shall release the principal pending trial on 13 the principal's own recognizance, unless it is demonstrated and the 14 court makes an individualized determination that: (a) the principal 15 poses a risk of flight to avoid prosecution; or (b) that the principal 16 has been designated a sex offender under article six-C of the correction 17 law. If such a finding is made, the court must select the least restric- 18 tive alternative and condition or conditions that will reasonably assure 19 the principal's return to court. The court shall explain its choice of 20 release, release with conditions, bail or remand on the record or in 21 writing. 22 3. In cases other than as described in subdivision four of this 23 section the court shall release the principal pending trial on the prin- 24 cipal's own recognizance, unless the court finds on the record or in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04713-01-1S. 2615 2 1 writing that: (a) release on the principal's own recognizance will not 2 reasonably assure the principal's return to court; or (b) that the prin- 3 cipal has been designated a sex offender under article six-C of the 4 correction law. In such instances, the court shall release the principal 5 under non-monetary conditions, selecting the least restrictive alterna- 6 tive and conditions that will reasonably assure the principal's return 7 to court; provided, however, where the principal has been designated a 8 sex offender under article six-C of the correction law, the court may in 9 its discretion fix bail or commit the principal to the custody of the 10 sheriff. The court shall explain its [choice of alternative] determi- 11 nation and conditions on the record or in writing. 12 § 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 13 procedure law, as added by section 16 of part JJJ of chapter 59 of the 14 laws of 2019, is amended to read as follows: 15 (a) In cases other than as described in paragraph (b) of this subdivi- 16 sion the court shall release the principal pending trial on the princi- 17 pal's own recognizance, unless the court finds on the record or in writ- 18 ing that: (a) release on the principal's own recognizance will not 19 reasonably assure the principal's return to court; or (b) that the prin- 20 cipal has been designated a sex offender under article six-C of the 21 correction law. In such instances, the court shall release the principal 22 under non-monetary conditions, selecting the least restrictive alterna- 23 tive and conditions that will reasonably assure the principal's return 24 to court; provided, however, where the principal has been designated a 25 sex offender under article six-C of the correction law, the court may in 26 its discretion fix bail or commit the principal to the custody of the 27 sheriff. The court shall explain its [choice of alternative] determi- 28 nation and conditions on the record or in writing. 29 § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as 30 amended by section 18 of part JJJ of chapter 59 of the laws of 2019, is 31 amended to read as follows: 32 3. In cases other than as described in subdivision four of this 33 section the court shall release the principal pending trial on the prin- 34 cipal's own recognizance, unless the court finds on the record or in 35 writing that: (a) release on the principal's own recognizance will not 36 reasonably assure the principal's return to court; or (b) that the prin- 37 cipal has been designated a sex offender under article six-C of the 38 correction law. In such instances, the court shall release the principal 39 under non-monetary conditions, selecting the least restrictive alterna- 40 tive and conditions that will reasonably assure the principal's return 41 to court; however, where the principal has been designated a sex offen- 42 der under article six-C of the correction law, the court may in its 43 discretion fix bail or commit the principal to the custody of the sher- 44 iff. The court shall explain its [choice of alternative] determination 45 and conditions on the record or in writing. 46 § 4. This act shall take effect on the thirtieth day after it shall 47 have become a law.
