Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2016
referred to codes
|Oct 09, 2015
referred to rules
Senate Bill S6061
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S6061 (ACTIVE) - Details
2015-S6061 (ACTIVE) - Summary
Requires an independent pretrial services agent to interview each criminal defendant and make recommendations to the court prior to the issuance of a securing order for that criminal defendant; prohibits setting bail to secure attendance of a defendant at future court proceedings; establishes a preference for release on the defendant's own recognizance or release subject to conditions established by the court.
2015-S6061 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6061 TITLE OF BILL : An act to amend the criminal procedure law, in relation to requiring criminal defendants to be interviewed by a pretrial services agent and providing for the consideration of recommendations of such agent by the court prior to the issuance of securing orders; and establishing a presumption of release on own recognizance PURPOSE : To ensure that no individual is incarcerated before trial solely due to a lack of financial resources. SUMMARY OF PROVISIONS : Section 1 amends section 500.10 of the criminal procedure law, adding a new subdivision 21 providing a definition for "pretrial services agent" Section 2 amends the criminal procedure law adding a new article 505 to require that each county hire independent pretrial services agents. Such agents will interview all criminal defendants to determine the suitability of releasing the defendant before trial. The agents will then make a recommendation to the court whether to release the
2015-S6061 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6061 2015-2016 Regular Sessions I N S E N A T E October 9, 2015 ___________ Introduced by Sens. GIANARIS, BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to requiring criminal defendants to be interviewed by a pretrial services agent and providing for the consideration of recommendations of such agent by the court prior to the issuance of securing orders; and establishing a presumption of release on own recognizance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 500.10 of the criminal procedure law is amended by adding a new subdivision 21 to read as follows: 21. "PRETRIAL SERVICES AGENT" MEANS AN INDEPENDENT PRETRIAL SERVICES AGENT APPOINTED PURSUANT TO ARTICLE FIVE HUNDRED FIVE OF THIS TITLE. S 2. The criminal procedure law is amended by adding a new article 505 to read as follows: ARTICLE 505 PRETRIAL SERVICES SECTION 505.10 INDEPENDENT PRETRIAL SERVICES AGENTS. 505.15 INTERVIEW OF CRIMINAL DEFENDANTS. S 505.10 INDEPENDENT PRETRIAL SERVICES AGENTS. EACH COUNTY AND EACH CITY WHICH WHOLLY ENCOMPASSES A COUNTY, SHALL APPOINT AND PROVIDE COMPENSATION, TO SUCH INDEPENDENT PRETRIAL SERVICES AGENTS AS SHALL BE NECESSARY TO INTERVIEW AND EVALUATE PERSONS CHARGED WITH A CRIMINAL OFFENSE IN SUCH COUNTY OR CITY PRIOR TO SUCH PERSONS' INITIAL APPEARANCE IN COURT ON SUCH OFFENSE. THE QUALIFICATIONS AND PROCESS OF APPOINTMENT OF INDEPENDENT PRETRIAL SERVICES AGENTS SHALL BE ESTABLISHED BY RULE OF THE CHIEF ADMINISTRATIVE JUDGE. S 505.15 INTERVIEW OF CRIMINAL DEFENDANTS. 1. PRIOR TO THE INITIAL APPEARANCE OF A DEFENDANT IN A CRIMINAL ACTION BEFORE A LOCAL OR SUPERIOR CRIMINAL COURT, SUCH DEFENDANT SHALL BE INTERVIEWED AND EVALUATED BY A PRETRIAL SERVICES AGENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13013-03-5
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