Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022||
referred to codes
|Jan 28, 2021||
referred to codes
Senate Bill S3310
2021-2022 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
2021-S3310 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b), CP L
- Versions Introduced in Other Legislative Sessions:
2023-2024: S250, A5169
2021-S3310 (ACTIVE) - Summary
Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.
2021-S3310 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3310 SPONSOR: GALLIVAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to bail reform; and to repeal certain provisions of such law relating thereto PURPOSE: This bill provides courts with the authority and tools necessary to render securing orders, when an individual charged with a crime(s) continues to pose a danger to the community and/or a risk of flight to avoid prosecution. This bill requires that a risk and needs assessment be utilized to assist the court in making such determinations. SUMMARY OF PROVISIONS: Sections one through eleven amend pertinent sections of the criminal procedure law to effectuate the intent of this legislation.
2021-S3310 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3310 2021-2022 Regular Sessions I N S E N A T E January 28, 2021 ___________ Introduced by Sens. GALLIVAN, O'MARA -- 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 bail reform; and to repeal certain provisions of such law relating thereto 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 23 to read as follows: 23. "RISK AND NEEDS ASSESSMENT" MEANS A RISK AND NEEDS ASSESSMENT INSTRUMENT, APPROVED BY THE CHIEF ADMINISTRATIVE JUDGE OF THE UNIFIED COURT SYSTEM. SUCH APPROVED ASSESSMENT INSTRUMENT SHALL BE OBJECTIVE, STANDARDIZED AND DEVELOPED BASED ON ANALYSIS OF EMPIRICAL DATA AND RISK FACTORS RELEVANT TO THE PRINCIPAL'S DANGER TO THE COMMUNITY AND RISK OF FAILURE OF A PRINCIPAL TO APPEAR. SUCH APPROVED ASSESSMENT INSTRUMENT SHALL NOT BE DISCRIMINATORY BASED ON RACE, NATIONAL ORIGIN, SEX, ANY OTHER PROTECTED CLASS OR SOCIOECONOMIC STATUS. § 2. Section 510.10 of the criminal procedure law, as amended by section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 4 as amended by section 2 of part UU of chapter 56 of the laws of 2020, is amended to read as follows: § 510.10 Securing order; when required; alternatives available; standard to be applied. 1. When a principal, whose future court attendance at a criminal action or proceeding is or may be required, comes under the control of a court, such court shall, in accordance with this title, by a securing order [release the principal] REQUEST OF THE APPLICABLE COUNTY PRE-TRIAL SERVICES AGENCY THAT A RISK AND NEEDS ASSESSMENT BE CONDUCTED ON THE ELIGIBLE PRINCIPAL AND SUCH COURT SHALL TAKE INTO ACCOUNT THE RISK AND NEEDS ASSESSMENT, BUT SUCH ASSESSMENT SHALL NOT BE THE SOLE DETERMINA- TIVE FACTOR, FOR THE PURPOSE OF DETERMINING WHETHER SUCH PRINCIPAL SHOULD BE RELEASED on the principal's own recognizance, [release the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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