Senate Bill S8778

                                 
BILL NUMBER: S8778

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the custody
of a defendant subject to electronic location monitoring

 
PURPOSE:

To ensure law enforcement can utilize electronic monitoring for poten-
tially dangerous suspects.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 510.40 of the criminal procedure law to
provide that electronic monitoring shall not be considered held or
confined in custody for purposes of section 180.80 of the criminal
procedure law and shall not be considered committed to the custody of
the sheriff for the purposes of section 170.70 of the criminal procedure
law,

              

Section 2: Provides the effective date.

 
JUSTIFICATION:

After four individuals suspected of scattering body parts across Long
Island were released back into the community due to New York's bail
reforms-much to the alarm of the community-and shortly after it was
reported that their GPS monitoring devices may need to be removed as
well if there was not a timely disposition of the case. Despite elec-
tronic monitoring being intended as a less restrictive alternative to
holding individuals in custody, New York State's bail reforms consider
electronic monitoring to be a custodial condition akin to pre-trial
detention with the same time constraints before an individual must be
released.

While it is imperative that further, more comprehensive corrections are
made to New York State's bail reforms to ensure dangerous individuals
are not released to revictimize communities, this legislation would
close a grievous loophole in the State's laws by providing that elec-
tronic monitoring shall not be subject to the same time restraints as
pre-trial detention, thus allowing law enforcement to better ensure the
safety of their communities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.