senate Bill S6061

2015-2016 Legislative Session

Requires an independent pretrial services agent to make recommendations to the court prior to the issuance of a securing order for a criminal defendant

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Oct 09, 2015 referred to rules

Co-Sponsors

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S6061 (ACTIVE) - Details

See Assembly Version of this Bill:
A8551
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 505 §§505.10 & 505.15, §530.05, amd §§510.10 & 500.10, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3579, A5033
2019-2020: S2101, A2726

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.

S6061 (ACTIVE) - Sponsor Memo

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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