S T A T E O F N E W Y O R K
________________________________________________________________________
7062
2023-2024 Regular Sessions
I N A S S E M B L Y
May 10, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to removing the
requirement that certain orders releasing a principal on such princi-
pal's own recognizance, releasing a principal under non-monetary
conditions, or fixing bail, be tailored according to the least
restrictive means
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
section 510.10 of the criminal procedure law, the opening paragraph of
subdivision 1 as amended by section 1 of subpart C of part UU of chapter
56 of the laws of 2022 and subdivision 3 as added by section 2 of part
JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
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 on the principal's own recognizance, release the
principal under non-monetary conditions, or, where authorized, fix bail
or commit the principal to the custody of the sheriff. In all such
cases, except where another type of securing order is shown to be
required by law, the court shall release the principal pending trial on
the principal's own recognizance, unless it is demonstrated and the
court makes an individualized determination that the principal poses a
risk of flight to avoid prosecution. If such a finding is made, the
court must select [the least restrictive alternative and] A condition or
conditions that will reasonably assure the principal's return to court.
The court shall explain its choice of release, release with conditions,
bail or remand on the record or in writing. In making its determination,
the court must consider and take into account available information
about the principal, including:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10583-01-3
A. 7062 2
3. In cases other than as described in subdivision four of this
section the court shall release the principal pending trial on the prin-
cipal's own recognizance, unless the court finds on the record or in
writing that release on the principal's own recognizance will not
reasonably assure the principal's return to court. In such instances,
the court shall release the principal under non-monetary conditions,
selecting [the least restrictive alternative and] conditions that will
reasonably assure the principal's return to court. The court shall
explain its choice of [alternative and] conditions on the record or in
writing.
§ 2. The opening paragraph of subdivision 1 of section 510.30 of the
criminal procedure law, as amended by section 2 of subpart C of part UU
of chapter 56 of the laws of 2022, is amended to read as follows:
With respect to any principal, the court in all cases, unless other-
wise provided by law, must impose the [least restrictive] kind and
degree of control or restriction that is necessary to secure the princi-
pal's return to court when required. In determining that matter, the
court must, on the basis of available information, consider and take
into account information about the principal that is relevant to the
principal's return to court, including:
§ 3. Subdivision 3 and paragraph (b) of subdivision 4 of section
510.40 of the criminal procedure law, as added by section 6 of part JJJ
of chapter 59 of the laws of 2019, are amended to read as follows:
3. Non-monetary conditions of release shall be individualized and
established in writing by the court. At future court appearances, the
court shall consider a lessening of conditions or modification of condi-
tions to a less burdensome form based on the principal's compliance with
such conditions of release. In the event of alleged non-compliance with
the conditions of release in an important respect, pursuant to this
subdivision, additional conditions may be imposed by the court, on the
record or in writing, only after notice of the facts and circumstances
of such alleged non-compliance, reasonable under the circumstances,
affording the principal and the principal's attorney and the people an
opportunity to present relevant, admissible evidence, relevant witnesses
and to cross-examine witnesses, and a finding by clear and convincing
evidence that the principal violated a condition of release in an impor-
tant respect. Following such a finding, in determining whether to impose
additional conditions for non-compliance, the court shall consider and
may select conditions consistent with the court's obligation to impose
[the least restrictive] A condition or conditions that will reasonably
assure the defendant's return to court. The court shall explain on the
record or in writing the reasons for its determination and for any
changes to the conditions imposed.
(b) The specific method of electronic monitoring of the principal's
location must be approved by the court. It must be [the least restric-
tive] A procedure and method that will reasonably assure the principal's
return to court, and unobtrusive to the greatest extent practicable.
§ 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.