S T A T E O F N E W Y O R K
________________________________________________________________________
5571
2021-2022 Regular Sessions
I N S E N A T E
March 11, 2021
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to establish a temporary blue ribbon commission to study bail and
the bail industry; and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. Establishment. There is hereby established the blue
ribbon commission on bail to examine, evaluate, and make recommendations
on the application of bail in the criminal justice system of the state.
2. Powers and duties. Such commission shall examine issues relating to
bail including, but not limited to:
a. Administration. (1) Determining the viability of allowing private
citizens and bail agents to post bail bonds for any case in a county or
borough while the arraignment parts are open, including the ability to
post a bail bond at night and on the weekends in the arraignment parts;
(2) Allowing bail bond agents to post bail bonds at correctional
facilities twenty-four hours a day in all counties;
(3) Allowing electronic transmittal of release orders to jails;
(4) Allowing court issued release orders to be listed by docket number
only; and
(5) Issuing state identification to qualified bail bond agents and
staff.
b. Arraignments. (1) Examining data regarding the number of individ-
uals arraigned on violations, misdemeanors and felonies, broken down by
county or borough on a monthly basis over the latest two-year period for
which the data is available. Such data shall include a breakdown of the
statistics described in subdivision a of this section, regarding the
number of cases:
(a) dismissed at arraignment;
(b) pled at arraignment;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07004-01-1
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(c) released without bail, including but not limited to individuals
released on their own recognizance, supervised releases, conditional
releases to probation or other conditional releases;
(d) in which bail was set, including the bail amounts and the types of
crimes charged;
(e) whether defendants had holds; and
(f) whether bail was paid at arraignment;
(2) The number of cases in subparagraph one of this paragraph that
were disposed of on the next court appearance and the type of disposi-
tion;
(3) A breakdown by ethnicity of the individuals in cases listed in
subparagraphs one and two of this paragraph;
(4) A breakdown by economic status of the individuals in the cases
listed in subparagraphs one and two of this paragraph and how such
arrestee's economic status was determined based on an interview
performed by a criminal justice agency;
(5) The number of cases in subparagraphs one and two of this paragraph
in which bail was set using a form of bail other than cash and surety
bond;
(6) Warrant and return on warrant rates for individual arrestees list-
ed in subparagraphs one and two of this paragraph, broken down by the
type of securing order and level of crime; and
(7) Re-arrest rates for individual arrestees listed in subparagraphs
one and two of this paragraph, broken down by type of securing order,
amount of securing order and level of crime.
c. Charitable bail. Determining and examining data regarding how an
arrestee's indigence is determined when being considered for charitable
bail, including:
(1) How charitable bail organizations obtain clients;
(2) How resources are used to obtain background information on poten-
tial clients to make a proper determination about whether to use chari-
table bail;
(3) Failure to appear rates for individuals released on charitable
bail guarantees and, if applicable, number of returns on failure to
appear warrants; and
(4) Charitable bail organizations, including such information relating
to:
(a) funding sources;
(b) expenditures for administration;
(c) expenditures for actual bail;
(d) expenditures for lobbying;
(e) expenditures for forfeitures;
(f) expenditures for staff salaries; and
(g) how charitable bail organizations adhere to section 6805 of the
insurance law by which they are provided licensure.
d. Failure to appear. (1) Determining and examining data regarding the
number of failures to appear reconciled against the number of individ-
uals arraigned during a specific, defined period; and
(2) The attending costs of failure to appear, including but not limit-
ed to:
(a) expenditures related to the re-arrest of absconders; and
(b) municipalities' costs to replace police personnel in court.
e. Jail populations. Determining and examining data regarding method-
ologies used to determine the population of inmates and economic status
of a defendant held on bail. Such methodologies shall include:
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(1) The ethnic breakdown of individuals held in jail on bail and of
those claiming to be indigent;
(2) A statistical breakdown of the number of defendants in jail broken
down by the type of securing order on which they are held, including
remands and sentenced prisoners;
(3) The number of defendants who have release holds other than bail
and the type of restriction; and
(4) The amount of time defendants spent in jail from arraignment to
release from custody, for the following reasons:
(a) bail posted;
(b) case dismissed;
(c) guilty plea;
(d) release without bail;
(e) remand or transport to other entity; and
(f) sentence imposed.
f. Pretrial release programs. (1) Examining data on current statewide
pretrial release numbers broken down by type of crime charged, includ-
ing, violations, misdemeanors, and violent and non-violent felonies.
Such pretrial release information shall include:
(a) securing order status;
(b) failure to appear rates;
(c) re-arrests and type of arrest; and
(d) disposition of the case, including the original charge;
(2) For each pretrial services program, an annual report describing
the rates of failures to appear, new crimes being committed while
released under pretrial supervision, and the total annual cost of the
pretrial services program within the jurisdiction;
(3) Statistics describing pretrial services programs' policies,
including:
(a) the methodology to determine indigence;
(b) listing of all fees charged for services provided to defendants;
and
(c) detailed listings of the total fees collected, by fee category;
(4) Effect on pretrial remand rates in states or jurisdictions that
have enacted bail reforms, implemented pretrial supervision programs, or
employed release algorithms;
(5) Statistics providing the total population of jails in this state
for the last five years, including:
(a) the total percentage of the jail population that is in pretrial
status;
(b) the percentage of those in pretrial status that are not bailable
and breakdown of the reasons such persons are not bailable; and
(c) the percentage of those who could post bail by posting a bond
which have not posted a bond, with a listing of the amounts of the bonds
pursuant to which such persons are being held;
(6) Effect on pretrial crime rates in states or jurisdictions that
have enacted bail reforms, implemented pretrial supervision programs, or
employed release algorithms;
(7) Drug overdose rates before and after implementation of reforms in
states or jurisdictions that have enacted automatic non-monetary release
for non-violent misdemeanor crimes; and
(8) Cost analysis to determine:
(a) startup and annual operating costs of pretrial supervision
programs;
(b) implementation and annual operating costs of pre-arraignment
screening programs;
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(c) increase in funding to law enforcement to counter increased
warrants and crime rates;
(d) cost to court system for extra staff and hours required for new
programs and related hearings;
(e) loss of tax revenue and licensing fees from bail bond industry;
(f) indirect costs of reforms, pension costs for supervision programs,
court officers and police, costs resulting from increased failure to
appear rates and recidivism; and
(g) determination of whether the state or local municipalities will
bear the total cost of reforms, and the cost to the taxpayer.
3. Membership. a. Such commission shall consist of thirteen members
who shall serve a term of two years and shall be appointed as follows:
five members to be appointed by the governor, of which one member shall
serve as chair of the commission, one member shall be a representative
of the charitable bail organizations chartered in this state, and one
member shall be a representative of the commercial bail industry
licensed in this state; three members to be appointed by the temporary
president of the senate, of which one member shall be a representative
of the charitable bail organizations chartered in this state and one
member shall be a representative of the commercial bail industry
licensed in this state; three members shall be appointed by the speaker
of the assembly, of which one member shall be a representative of the
charitable bail organizations chartered in this state and one member
shall be a representative of the commercial bail industry licensed in
this state; one member shall be appointed by the minority leader of the
senate; and one member shall be appointed by the minority leader of the
assembly.
b. In addition to these voting members, the commission shall have six
non-voting, ex officio members. The following government agencies or
officials shall appoint one ex officio member each: the attorney gener-
al, the chief judge of the state, the executive director of the division
of criminal justice services, the commissioner of corrections and commu-
nity supervision, the state comptroller, and the superintendent of the
state police.
4. Meetings. The commission shall meet at least six times. The meet-
ings of the commission shall be held at the call of the chair or whenev-
er five or more members so request. The locations of the meetings shall
provide for representation of different geographic areas of the state.
The first meeting shall be within ninety days of the effective date of
this act. A majority of the members of the commission shall constitute a
quorum. Approval of any matter shall require the affirmative vote of a
majority of the members voting thereon. Members may designate and
authorize another person to act for him or her by proxy. Proxies shall
be revocable at the discretion of the member executing it.
5. Proceedings. The deliberations, meetings and other proceedings of
the commission and any committee thereof shall be governed by article 7
of the public officers law. Any one or more members may participate in a
meeting by means of a conference telephone call, conference video call
or similar communications equipment allowing all persons participating
in the meeting to hear each other at the same time. Participation by
such means shall constitute presence in person at a meeting. At any
meetings of the commission conducted by means of a conference telephone
call, conference video call or similar communications equipment, other
than executive sessions, the public shall be given an opportunity to
listen. If a meeting other than an executive session is to be conducted
by means of a conference telephone call, conference video call or simi-
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lar communications equipment, the public notice for the meeting shall
inform the public that such equipment will be used, and identify the
means by which the public may listen to such meeting.
6. Advisory committees. The commission may form such advisory commit-
tees as it deems necessary, convenient, or desirable to advise and
assist in performing the duties conferred by this act.
7. Hearings. The commission shall hold at least four public hearings
where members of the public shall be provided an opportunity to present
oral and/or written testimony relevant to the commission's study. Prior
to the public hearings, the commission shall request from, review, and
consider written input with respect to its mission from relevant stake-
holder organizations, including, but not limited to: Brooklyn Community
Bail Fund, Conference of Mayors, Correction Officers' Benevolent Associ-
ation, District Attorneys Association of the State of New York, New York
State Association of Counties, New York State Association of PBAs, New
York State Bail Bondsman Association, New York State Correction Officers
and Police Benevolent Association, New York State Court Clerks Associ-
ation, New York State Magistrates Association, Patrolmen's Benevolent
Association of the city of New York, Police Conference of New York, The
Association of Towns of the State of New York, and The Bronx Freedom
Fund.
8. Reimbursement. The members of the commission shall receive no
compensation for their services, but shall be allowed the actual and
necessary expenses incurred in the performance of their duties pursuant
to this act. Such reimbursements shall be disbursed from the general
fund.
9. Report. The commission shall issue an interim report to the gover-
nor and the legislature of its findings, conclusions and recommendations
one year after the effective date of this act. A final report shall be
issued to the governor and legislature two years after the effective
date of this act including further findings, conclusions, and recommen-
dations by the commission and legislative proposals as it deems neces-
sary to implement such recommendations.
§ 2. This act shall take effect January 1, 2022, and shall expire and
be deemed repealed two years after it shall have become a law. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
