S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8551

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            October 30, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Codes

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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  2. EACH  PRETRIAL  SERVICES  AGENT  SHALL  PERSONALLY  INTERVIEW  EACH
DEFENDANT  TO  WHOM HE OR SHE IS ASSIGNED. THE PURPOSE OF SUCH INTERVIEW
SHALL BE TO IDENTIFY:
  (A) THE CRIMINAL CHARGES TO BE PRESENTED AGAINST THE DEFENDANT;
  (B) THE DEFENDANT'S TIES TO THE COMMUNITY;
  (C)  THE DEFENDANT'S PLACE OF RESIDENCE AND THE LENGTH OF RESIDENCE AT
SUCH PLACE;
  (D) THE DEFENDANT'S COMMITMENTS TO AND CONTACT WITH HIS OR HER FRIENDS
AND FAMILY;
  (E) THE DEFENDANT'S EMPLOYMENT HISTORY AND SOURCES OF INCOME;
  (F) THE DEFENDANT'S ABILITY  TO  VERIFY  ANY  INFORMATION  HE  OR  SHE
PROVIDES TO THE AGENT;
  (G) THE DEFENDANT'S PAST HISTORY OF APPEARING AND FAILING TO APPEAR AT
PROCEEDINGS AS REQUIRED BY A COURT;
  (H)  THE  DEFENDANT'S  CHARACTER, REPUTATION, HABITS AND MENTAL CONDI-
TION;
  (I) ANY PENDING CRIMINAL CHARGES AGAINST THE DEFENDANT; AND
  (J) SUCH OTHER INFORMATION AS THE PRETRIAL SERVICES AGENT  SHALL  DEEM
NECESSARY TO EVALUATE THE DEFENDANT.
  3.  AFTER  INTERVIEWING  A  DEFENDANT IN A CRIMINAL ACTION, A PRETRIAL
SERVICES AGENT SHALL REVIEW THE INFORMATION PROVIDED  IN  THE  INTERVIEW
WITH  THE DEFENDANT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SEEK TO
VERIFY SUCH INFORMATION AND EVALUATE THE SUITABILITY  OF  THE  DEFENDANT
FOR RELEASE ON HIS OR HER OWN RECOGNIZANCE.
  4. AFTER INTERVIEWING AND EVALUATING A DEFENDANT IN A CRIMINAL ACTION,
THE  PRETRIAL SERVICES AGENT SHALL SUBMIT A RECOMMENDATION TO THE APPRO-
PRIATE CRIMINAL COURT FOR THE TERMS  OF  THE  SECURING  ORDER  FOR  SUCH
DEFENDANT. EACH SUCH AGENT SHALL RECOMMEND THAT THE DEFENDANT BE:
  (A) RELEASED ON HIS OR HER OWN RECOGNIZANCE;
  (B)  RELEASED  SUBJECT TO NON-MONETARY CONDITIONS, WHICH ARE THE LEAST
RESTRICTIVE TO ENSURE THE DEFENDANTS' FUTURE COURT ATTENDANCE; OR
  (C) COMMITTED TO THE CUSTODY OF THE SHERIFF.
  5. ALL INFORMATION COLLECTED AND EVALUATIONS DERIVED PURSUANT TO  THIS
ARTICLE,  EXCEPT  THE  RECOMMENDATION  PROVIDED TO THE COURT PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION, SHALL BE CONFIDENTIAL AND SHALL NOT BE
DISCLOSED BY THE PRETRIAL SERVICES AGENT OR ANY OF HIS OR HER EMPLOYEES.
  S 3. Section 510.10 of the criminal procedure law, as amended by chap-
ter 459 of the laws of 1984, is amended to read as follows:
S 510.10  Securing order; when required.
  When a principal, whose future court attendance at a  criminal  action
or  proceeding  is or may be required, initially comes under the control
of a court, such court must, AFTER SUBMISSION  AND  ITS  REVIEW  OF  THE
RECOMMENDATIONS  OF  THE  PRETRIAL  SERVICES AGENT, by a securing order,
either release him OR HER on his OR HER  own  recognizance,  [fix  bail]
RELEASE HIM OR HER SUBJECT TO SUCH CONDITIONS AS SHALL BE ESTABLISHED BY
THE  COURT  or  commit him OR HER to the custody of the sheriff.  When a
securing order is revoked or otherwise terminated in the  course  of  an
uncompleted  action  or  proceeding  but  the  principal's  future court
attendance still is or may be required and he OR SHE is still under  the
control of a court, a new securing order must be issued.  When the court
revokes  or  otherwise  terminates  a securing order which committed the
principal to the custody of the sheriff, the court  shall  give  written
notification  to  the  sheriff  of such revocation or termination of the
securing order.
  S 4. The criminal procedure law is amended by  adding  a  new  section
530.05 to read as follows:

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S 530.05 SECURING ORDERS; IN GENERAL.
  1.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS TITLE TO THE CONTRARY, A
COURT MAY ONLY SECURE ATTENDANCE AT FUTURE PROCEEDINGS OF A DEFENDANT IN
A CRIMINAL PROCEEDING BY:
  (A) RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE;
  (B) RELEASING THE DEFENDANT SUBJECT TO CONDITIONS ESTABLISHED  BY  THE
COURT. SUCH CONDITIONS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
  (I)  REQUIRING  THE  DEFENDANT  TO  CONTINUE  TO  RESIDE AT HIS OR HER
CURRENT RESIDENCE, AND, IF HE OR SHE IS REQUIRED TO  MOVE,  PROVIDE  THE
COURT WITH HIS OR HER NEW ADDRESS;
  (II)  REQUIRING  THE  DEFENDANT TO MAINTAIN ATTENDANCE AT AN EDUCATION
INSTITUTION, IF HE OR SHE IS CURRENTLY ATTENDING SUCH INSTITUTION;
  (III) REQUIRING THE DEFENDANT TO MAINTAIN ATTENDANCE  AT  HIS  OR  HER
PLACE OF EMPLOYMENT, IF EMPLOYED;
  (IV)  REQUIRING  THE DEFENDANT TO COMPLY WITH ALL ORDERS OF PROTECTION
AND TEMPORARY ORDERS OF PROTECTION ISSUED AGAINST HIM OR HER;
  (V) PROHIBITING THE DEFENDANT FROM TRAVELING, INCLUDING THE  SURRENDER
OF  HIS  OR  HER  PASSPORT,  WHEN  SUCH  PROHIBITION WILL NOT AFFECT THE
DEFENDANT'S ABILITY TO REMAIN EMPLOYED;
  (VI) REQUIRING THE DEFENDANT TO COMPLY WITH A CURFEW  WHICH  DOES  NOT
IMPAIR SUCH DEFENDANT'S EMPLOYMENT OR FAMILY RESPONSIBILITIES;
  (VII)  REQUIRING  THE  DEFENDANT  TO  STAY  AWAY FROM SUCH LOCATION OR
LOCATIONS AS THE COURT SHALL DESIGNATE;
  (VIII) REQUIRING THE DEFENDANT TO PERIODICALLY APPEAR AT OR  TO  TELE-
PHONICALLY  CONTRACT A LAW ENFORCEMENT AGENCY TO VERIFY HIS OR HER PRES-
ENCE IN THE COMMUNITY.  IN  ORDERING  SUCH  CONDITION  THE  COURT  SHALL
CONSIDER  WHETHER  THE  DEFENDANT  OWNS A TELEPHONE OR WIRELESS COMMUNI-
CATIONS DEVICE, AND SHALL ENSURE THAT SUCH  CONDITION  DOES  NOT  UNDULY
PLACE  A  BURDEN  ON  THE  DEFENDANT'S  EMPLOYMENT, EDUCATION AND FAMILY
RESPONSIBILITIES; AND
  (IX) ESTABLISHING SUCH CONDITIONS AS THE COURT SHALL DEEM TO BE NECES-
SARY; OR
  (C) COMMITTING THE DEFENDANT TO THE CUSTODY OF THE SHERIFF.
  2. EVERY COURT IN THE ISSUANCE OF A SECURING ORDER SHALL GRANT A PREF-
ERENCE TO RELEASE ON HIS OR HER OWN RECOGNIZANCE WHEN  THE  MOST  SEVERE
CHARGE AGAINST THE DEFENDANT IS A VIOLATION OR A MISDEMEANOR.
  3.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE ATTEND-
ANCE OF A DEFENDANT SHALL NOT BE SECURED BY MEANS OF BAIL.  FURTHERMORE,
EVERY COURT, IN THE ISSUANCE OF A  SECURING  ORDER,  SHALL  UTILIZE  THE
LEAST  RESTRICTIVE  MEANS NECESSARY TO SECURE THE DEFENDANT'S ATTENDANCE
AT FUTURE PROCEEDINGS, INCLUDING THE LEAST RESTRICTIVE  CONDITIONS  WHEN
RELEASE SUBJECT TO CONDITIONS IS PERMITTED.
  4.  IN  EVERY  CASE  IN  WHICH  A COURT ISSUES A SECURING ORDER EITHER
RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE OR RELEASING  THE
DEFENDANT  SUBJECT TO CONDITIONS, THE COURT SHALL CAUSE THE DEFENDANT TO
BE NOTIFIED OF EACH SUBSEQUENT COURT PROCEEDING AT  WHICH  SUCH  DEFEND-
ANT'S  ATTENDANCE IS REQUIRED, NOT MORE THAN FOURTEEN DAYS NOR LESS THAN
FIVE DAYS BEFORE EACH SUCH PROCEEDING. NOTICE TO THE DEFENDANT SHALL  BE
PROVIDED  BY  MEANS  OF  A  POSTCARD MAILED FIRST CLASS MAIL, OR, IF THE
DEFENDANT HAS PROVIDED THE COURT WITH A TELEPHONE NUMBER, BY A TELEPHONE
CALL OR TEXT MESSAGE, OR HAS PROVIDED AN ELECTRONIC MAIL ADDRESS, BY  AN
ELECTRONIC  MAIL MESSAGE. EACH NOTICE PROVIDED PURSUANT TO THIS SUBDIVI-
SION SHALL INCLUDE THE TIME, DATE AND LOCATION  OF  THE  REQUIRED  COURT
APPEARANCE, AND THE POTENTIAL PENALTIES FOR THE FAILURE OF THE DEFENDANT
TO APPEAR.

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  5. IN EACH INSTANCE IN WHICH A COURT ISSUES A SECURING ORDER WHICH (A)
DOES  COMPLY  WITH  THE  RECOMMENDATION  OF THE PRETRIAL SERVICES AGENT,
SUBMITTED PURSUANT TO SUBDIVISION FOUR OF SECTION 505.15 OF THIS  TITLE;
OR  (B)  RELEASES  THE  DEFENDANT  SUBJECT  TO CONDITIONS OR COMMITS THE
DEFENDANT  TO  THE  CUSTODY  OF  THE SHERIFF WHEN THE MOST SEVERE CHARGE
AGAINST THE DEFENDANT IS A VIOLATION OR A MISDEMEANOR, THE  COURT  SHALL
ON  THE  RECORD  AT  THE  TIME OF ISSUING SUCH SECURING ORDER, STATE THE
REASON OR REASONS FOR ORDERING SUCH  MEANS  TO  SECURE  THE  DEFENDANT'S
FUTURE COURT APPEARANCES.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.