Senate Bill S9947A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9947--A
 
                             I N  S E N A T E
 
                             November 13, 2024
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the criminal procedure law and the executive law, in
   relation to establishing an office of pretrial services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2, 4 and 5 of section 510.45 of the crimi-
 nal procedure law, as added by section 8 of part JJJ of  chapter  59  of
 the  laws of 2019, are amended and  three new subdivisions 1-a, 2-a, and
 6 are added to read as follows:
   1. The office of [court administration] PRETRIAL SERVICES shall certi-
 fy and [regularly] review for recertification EVERY THREE YEARS  one  or
 more  pretrial  services agencies in each county to [monitor principals]
 PROVIDE SERVICES TO PEOPLE released under non-monetary conditions.    IN
 ORDER TO BE CERTIFIED BY THE OFFICE, EACH PRETRIAL SERVICES AGENCY SHALL
 DEMONSTRATE THAT SUCH AGENCY HAS THE ABILITY TO PERFORM THE RESPONSIBIL-
 ITIES  REQUIRED   OF PRETRIAL SERVICES AGENCIES AS DESCRIBED IN SUBDIVI-
 SION THREE-A OF SECTION 500.10 OF THIS TITLE AND MEETS THE MINIMUM STAN-
 DARDS ESTABLISHED BY THE OFFICE OF PRETRIAL  SERVICES  AS  DESCRIBED  IN
 SUBDIVISION  TWO-A OF THIS SECTION. Such office shall maintain a listing
 on its public website identifying by county each pretrial services agen-
 cy [so] certified in the state,  INCLUDING  A  PHONE  NUMBER  AND  EMAIL
 CONTACT INFORMATION FOR EACH PRETRIAL SERVICES AGENCY.
   1-A.  IF  THE  OFFICE DETERMINES THAT IT IS APPROPRIATE TO DECERTIFY A
 PRETRIAL SERVICES AGENCY PURSUANT TO PARAGRAPH (N) OF SUBDIVISION TWO OF
 SECTION EIGHT HUNDRED THIRTY-SEVEN-Y OF THE EXECUTIVE LAW, BUT NO  SUIT-
 ABLE ALTERNATIVE AGENCY EXISTS, THE OFFICE MAY PERMIT THE EXISTING AGEN-
 CY  TO  CONTINUE  PROVIDING  SERVICES  ON  A PROBATIONARY BASIS, AND THE
 OFFICE SHALL IDENTIFY AND IMPOSE APPROPRIATE REMEDIES AND REMEDIAL MEAS-
 URES, WHERE APPROPRIATE, TO BRING THE AGENCY BACK IN LINE  WITH  MINIMUM
 STANDARDS.  REMEDIAL  MEASURES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,
 ADDITIONAL STAFF TRAINING, EXPANDED SUPERVISION BOTH WITHIN  THE  AGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13450-06-4
 S. 9947--A                          2
 
 AND  FROM THE OFFICE, AND INCREASED REPORTING REQUIREMENTS. IF AN AGENCY
 IS PLACED ON PROBATION, THE OFFICE SHALL REEVALUATE THE AGENCY EVERY SIX
 MONTHS FOR THREE CONSECUTIVE PERIODS. IF THERE ARE  NO  FURTHER  INFRAC-
 TIONS,  THEN  THE AGENCY SHALL BE REMOVED FROM THEIR PROBATIONARY BASIS.
 IF INFRACTIONS ARE FOUND, THE AGENCY SHALL CONTINUE  ON  A  PROBATIONARY
 BASIS UNTIL THREE PERIODS ARE ACHIEVED WITHOUT INFRACTIONS.
   2.  Every  such agency shall be [a public entity under the supervision
 and control of a county or municipality or] a  non-profit  entity  under
 contract  to [the county, municipality or] ONE OR MORE COUNTIES, MUNICI-
 PALITIES, OR the state, OR A PUBLIC ENTITY  UNDER  THE  SUPERVISION  AND
 CONTROL OF A COUNTY OR MUNICIPALITY.  [A county or municipality shall be
 authorized  to enter into a contract with another county or municipality
 in the state to monitor  principals  under  non-monetary  conditions  of
 release  in its county, but counties,] A PRETRIAL SERVICES AGENCY MAY BE
 CERTIFIED TO PROVIDE SERVICES IN MORE THAN ONE COUNTY. THE OFFICE  SHALL
 IDENTIFY AND CERTIFY AS A COUNTY'S PRETRIAL SERVICES AGENCY A NON-PROFIT
 ENTITY  ABLE  TO  FULFILL THE MINIMUM STANDARDS SET FORTH IN SUBDIVISION
 TWO-A OF THIS SECTION. IF THE OFFICE IS UNABLE TO IDENTIFY A  NON-PROFIT
 ENTITY  ABLE TO MEET THESE REQUIREMENTS, THE OFFICE MAY CERTIFY A PUBLIC
 ENTITY. COUNTIES, municipalities and the state shall not  contract  with
 any private for-profit entity [for such purposes] TO SERVE AS A PRETRIAL
 SERVICES AGENCY.
   2-A.  THE OFFICE SHALL CERTIFY AS PRETRIAL SERVICES AGENCIES ONLY SUCH
 ENTITIES  THAT  MEET  THE MINIMUM STANDARDS SET FORTH BY THE OFFICE. THE
 OFFICE MAY CERTIFY AN ENTITY  THAT,  BY  VIRTUE  OF  ITS  RELATIONSHIPS,
 CONTRACTS,  OR OTHER AGREEMENTS, CAN DEMONSTRATE ITS ABILITY TO MEET THE
 MINIMUM STANDARDS IN COLLABORATION WITH OTHER  ENTITIES.  THE  FULL  AND
 COMPLETE  SET  OF MINIMUM STANDARDS SHALL BE DETERMINED BY THE OFFICE IN
 CONSULTATION WITH THE ADVISORY BOARD, AND  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO, THE FOLLOWING:
   (A)  DEMONSTRATED  ABILITY  TO  SUPPORT INDIVIDUALS RELEASED TO SUPER-
 VISION IN COMPLYING WITH THE TERMS OF THEIR RELEASE;
   (B) DEMONSTRATED ABILITY TO CREATE  INDIVIDUALIZED  PLANS  TO  SUPPORT
 INDIVIDUALS  RELEASED TO SUPERVISION THAT ARE INFORMED BY THE RESULTS OF
 A COMPREHENSIVE NEEDS ASSESSMENT THAT INCLUDES, BUT IS NOT  LIMITED  TO,
 THE AREAS LISTED IN PARAGRAPH (E) OF THIS SUBDIVISION;
   (C)  DEMONSTRATED  ABILITY  TO  ENGAGE  IN  SUSTAINED,  RELIABLE,  AND
 SUPPORTIVE OUTREACH TO INDIVIDUALS RELEASED  TO  SUPERVISION  TO  ENSURE
 THEY  RETURN  TO  COURT, USING THE METHODS AND IN THE SETTINGS THAT WILL
 BEST MEET THE INDIVIDUAL'S NEEDS;
   (D) DEMONSTRATED ABILITY AND CAPACITY TO SUPPORT THE NUMBER  OF  INDI-
 VIDUALS EXPECTED TO BE RELEASED TO SUPERVISION;
   (E) DEMONSTRATED ABILITY TO CONNECT INDIVIDUALS WITH AVAILABLE SERVICE
 PROVIDERS  CONSISTENT  WITH THE REQUIREMENTS OF AN INDIVIDUAL'S PRETRIAL
 RELEASE, OR THEIR EMERGENT  NEEDS  AND  INTERESTS,  INCLUDING,  BUT  NOT
 LIMITED  TO,  IN  THE  AREAS  OF  MENTAL HEALTH TREATMENT, SUBSTANCE USE
 TREATMENT, OTHER MEDICAL TREATMENT, EMERGENCY OR  TRANSITIONAL  HOUSING,
 AND WORKFORCE DEVELOPMENT;
   (F)  DEMONSTRATED  ABILITY  TO  ENSURE THE PROTECTION OF PARTICIPATING
 INDIVIDUALS' PERSONAL INFORMATION;
   (G) DEMONSTRATED ABILITY TO ENSURE ORGANIZATIONAL AND STAFF COMPLETION
 OF TRAINING MANDATED BY THE OFFICE, AND COMPLIANCE WITH  SUCH  TRAINING;
 AND
   (H)  FOR AN AGENCY SEEKING RECERTIFICATION PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, SATISFACTORY COMPLETION  OF  ORGANIZATIONAL  AND  STAFF
 S. 9947--A                          3
 
 TRAINING  REQUIREMENTS AND DEMONSTRATED HISTORY OF SUCCESSFULLY SUPPORT-
 ING INDIVIDUALS OVER THE PRIOR THREE YEARS.
   4.  Supervision  by  a  [pre-trial]  PRETRIAL  services  agency may be
 ordered as a non-monetary condition pursuant to this title only  if  the
 court finds, after notice, an opportunity to be heard and an individual-
 ized  determination explained on the record or in writing, that no other
 realistic non-monetary condition or set of non-monetary conditions  will
 suffice to reasonably assure the [principal's] PERSON'S return to court.
 UNDER  NO  CIRCUMSTANCES  SHALL  A PERSON RECEIVING PRETRIAL SERVICES BE
 REQUIRED TO PAY OUT-OF-POCKET FOR SERVICES PROVIDED OR MANDATED  BY  THE
 PRETRIAL SERVICES AGENCY, THE OFFICE, OR THE COURT. SUBJECT TO APPROPRI-
 ATIONS,  SERVICES  MANDATED  BY  THE  OFFICE OF PRETRIAL SERVICES OR THE
 COURT SHALL BE ELIGIBLE FOR FUNDING FROM THE OFFICE.  PRETRIAL  SERVICES
 AGENCIES SHALL MAKE EFFORTS TO LIMIT COSTS AND OTHER BARRIERS TO ACCESS-
 ING MANDATED SERVICES.
   5.  [Each]  THE  OFFICE  OF PRETRIAL SERVICES SHALL GATHER INFORMATION
 FROM EACH pretrial [service] SERVICES  agency  [certified  by]  AND  the
 office  of  court administration [pursuant to this section shall] at the
 end of each year [prepare and file with such office an  annual  report,]
 which  the  office  OF  PRETRIAL  SERVICES shall compile, publish on its
 website and make available upon request to members of the  public.  Such
 reports  shall  not include any personal identifying information for any
 individual [defendants].  Each such report[, in addition to other  rele-
 vant  information, shall set forth,] SHALL INCLUDE BUT NOT BE LIMITED TO
 THE FOLLOWING DATA disaggregated by each county served:
   (a) the TOTAL number of [defendants]  INDIVIDUALS  supervised  by  the
 agency DURING THE COURSE OF THE PRIOR YEAR;
   (b)  the length of time (in [months] DAYS) each such person was super-
 vised by the agency prior to acquittal, dismissal, release  on  recogni-
 zance, revocation of release on conditions, [and] OR sentencing;
   (c)  the  race,  ethnicity, age [and], sex AND GENDER IDENTITY of each
 person supervised, WHERE AVAILABLE;
   (d) the crimes with which each person supervised was charged;
   (E) THE NUMBER OF PERSONS SUPERVISED WHO WERE SUBSEQUENTLY RELEASED ON
 RECOGNIZANCE;
   [(e)] (F) the number of persons supervised for whom release conditions
 were modified by the court, describing  generally  for  each  person  or
 group  of  persons  the  type  and nature of the condition or conditions
 added or removed;
   [(f)] (G) the number of persons  supervised  for  whom  release  under
 conditions was revoked by the court, and the basis for such revocations;
 and
   [(g)]  (H)  the  court  disposition in each supervised case, including
 sentencing information.
   6. PRETRIAL SERVICES AGENCY SHALL BE RESPONSIBLE FOR CONDUCTING  PERI-
 ODIC, INDIVIDUALIZED REVIEWS FOR EACH INDIVIDUAL CASE. PRETRIAL SERVICES
 AGENCIES  SHALL  CONDUCT  SUCH REVIEWS USING BEST PRACTICES DEVELOPED BY
 THE OFFICE OF PRETRIAL SERVICES, AND AT INTERVALS AS DETERMINED  BY  THE
 OFFICE  OF  PRETRIAL  SERVICES.  FOR  EACH REVIEW, THE PRETRIAL SERVICES
 AGENCY SHALL DETERMINE WHETHER THE CONDITIONS  OF  NON-MONETARY  RELEASE
 IMPOSED  BY  THE COURT SHOULD BE MODIFIED OR ELIMINATED. IF THE PRETRIAL
 SERVICES AGENCY'S REVIEW CONCLUDES THAT A MODIFICATION IS WARRANTED, THE
 AGENCY SHALL MAKE SUCH A RECOMMENDATION TO THE COURT.  THE  COURT  SHALL
 REVIEW  ANY  RECOMMENDATIONS  TO  MODIFY  OR  ELIMINATE THE NON-MONETARY
 CONDITIONS THE COURT IMPOSED AND MAKE AN INDIVIDUALIZED DETERMINATION ON
 S. 9947--A                          4
 
 THE RECORD OR IN WRITING EXPLAINING THE REASONS FOR THE COURT'S DETERMI-
 NATION AND FOR ANY CHANGES TO THE CONDITIONS IMPOSED.
   §  2.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. OFFICE OF PRETRIAL SERVICES. 1. THERE SHALL BE IN  THE  DIVI-
 SION  OF CRIMINAL JUSTICE SERVICES AN OFFICE OF PRETRIAL SERVICES, HERE-
 INAFTER IN THIS SECTION REFERRED TO AS THE "OFFICE".
   2. THE OFFICE SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   (A) TO CERTIFY  AND  CONTRACT  WITH  AT  LEAST  ONE  AGENCY  PROVIDING
 PRETRIAL SERVICES IN EACH COUNTY PURSUANT TO SECTION 510.45 OF THE CRIM-
 INAL PROCEDURE LAW;
   (B) TO DEVELOP APPLICATION REQUIREMENTS AND AN APPLICATION PROCESS FOR
 ENTITIES  SEEKING  CERTIFICATION  AS  A PRETRIAL SERVICES AGENCY, AND TO
 MAKE SUCH APPLICATION REQUIREMENTS AND PROCESS  PUBLICLY  AVAILABLE.  AS
 PART  OF  THE APPLICATION AND SELECTION PROCESS, THE OFFICE MAY CONSIDER
 INPUT FROM LOCAL STAKEHOLDERS;
   (C) PURSUANT TO AND  CONSISTENT  WITH  SUBDIVISION  TWO-A  OF  SECTION
 510.45  OF  THE CRIMINAL PROCEDURE LAW, TO DEVELOP, IN CONSULTATION WITH
 THE ADVISORY BOARD, A COMPREHENSIVE LIST OF MINIMUM STANDARDS THAT  EACH
 PRETRIAL  SERVICES  AGENCY MUST MEET PRIOR TO BECOMING CERTIFIED, AND TO
 UPDATE AND REVISE SUCH MINIMUM STANDARDS BASED ON RESEARCH,  BEST  PRAC-
 TICES,  INDIVIDUAL  NEEDS,  OR  OTHER RELEVANT FACTORS. THE OFFICE SHALL
 MAKE SUCH STANDARDS, INCLUDING ANY REVISIONS OR UPDATES TO  SUCH  STAND-
 ARDS, PUBLICLY AVAILABLE;
   (D)  TO  IDENTIFY  AND DISSEMINATE BEST PRACTICES FOR THE PROVISION OF
 PRETRIAL SERVICES THAT WILL MAXIMIZE  THE  LIKELIHOOD  THAT  INDIVIDUALS
 SUCCESSFULLY ATTEND COURT PROCEEDINGS;
   (E)  TO DEVELOP INITIAL AND ONGOING TRAINING MATERIALS FOR STAFF WORK-
 ING AT PRETRIAL SERVICES AGENCIES,  CONSISTENT  WITH  GUIDELINES  ESTAB-
 LISHED BY THE NATIONAL ASSOCIATION OF PRETRIAL SERVICES AGENCIES. TRAIN-
 ING  MATERIALS  SHALL INCLUDE BUT NOT BE LIMITED TO RELEVANT INFORMATION
 REGARDING PRETRIAL LAWS IN NEW  YORK,  CULTURAL  COMPETENCY,  TRAUMA-IN-
 FORMED  CARE,  RISK-NEEDS  RESPONSIVITY, VERBAL DE-ESCALATION AND CRISIS
 INTERVENTION, OVERDOSE RESPONSE, ADMINISTRATION OF OVERDOSE  MEDICATION,
 SUBSTANCE  USE  DISORDERS,  MENTAL HEALTH DIAGNOSES, MOTIVATIONAL INTER-
 VIEWING, FOUNDATIONAL CONCEPTS OF COGNITIVE-BEHAVIORAL THERAPY, AND BEST
 PRACTICES IN COMMUNITY SUPERVISION. THE OFFICE SHALL  DEVELOP  PROTOCOLS
 OR BEST PRACTICES TO ENSURE THAT ALL STAFF AT PRETRIAL SERVICES AGENCIES
 RECEIVE  TRAINING  CONCERNING THE STATE'S PRETRIAL LAWS, CULTURAL COMPE-
 TENCY, AND TRAUMA-INFORMED  CARE,  AND  THAT  STAFF  RECEIVE  ADDITIONAL
 TRAINING  THAT  IS  APPROPRIATE  BASED ON THEIR ROLE AND LEVEL OF INTER-
 ACTION WITH INDIVIDUALS UNDER SUPERVISION.   THE OFFICE SHALL  HAVE  THE
 AUTHORITY  TO  EXEMPT  INDIVIDUAL  STAFF  MEMBERS OF A PRETRIAL SERVICES
 AGENCY FROM SPECIFIC TRAINING REQUIREMENTS IF THE OFFICE DETERMINES THAT
 THE INDIVIDUAL STAFF MEMBER DOES NOT HAVE  DIRECT,  ROUTINE  INTERACTION
 WITH THE PARTICIPANTS;
   (F)  TO IDENTIFY AND DISSEMINATE EVIDENCE-BASED BEST PRACTICES FOR HOW
 AND WHEN RECOMMENDATIONS REGARDING THE IMPOSITION OF NON-MONETARY CONDI-
 TIONS ARE MADE TO BEST ENSURE THAT PEOPLE RETURN TO COURT, AND TO  MAXI-
 MIZE THE LIKELIHOOD OF SUCCESS IN THE COMMUNITY;
   (G) TO IDENTIFY OR DEVELOP AN APPROPRIATE QUESTIONNAIRE, INSTRUMENT OR
 TOOL  THAT  MEETS THE REQUIREMENTS FOR SUCH QUESTIONNAIRE, INSTRUMENT OR
 TOOL SET FORTH IN SUBDIVISION THREE OF SECTION 510.45  OF  THE  CRIMINAL
 PROCEDURE  LAW,  AND TO DEVELOP BEST PRACTICES FOR USE OF SUCH QUESTION-
 NAIRE, INSTRUMENT OR TOOL, THAT MAY BE USED  IN  DETERMINING  WHETHER  A
 PERSON  POSES A RISK OF FLIGHT TO AVOID PROSECUTION IN ORDER TO INFORM A
 S. 9947--A                          5
 
 RECOMMENDATION TO THE COURT REGARDING  WHETHER  TO  IMPOSE  NON-MONETARY
 CONDITIONS  AND,  WHERE NECESSARY, ON THE TYPES OF CONDITIONS THAT WOULD
 BE APPROPRIATE;
   (H) TO WORK WITH AGENCIES PROVIDING PRETRIAL SERVICES TO ESTABLISH AND
 IMPLEMENT THE USE OF PERFORMANCE MEASURES;
   (I)  TO  IDENTIFY  AND DEVELOP SOLUTIONS TO ADDRESS BARRIERS TO MAKING
 COURT APPEARANCES BY:
   (I) WORKING WITH PRETRIAL SERVICES AGENCIES TO IDENTIFY  COMMON  CHAL-
 LENGES AND BARRIERS TO MAKING COURT APPEARANCES IN EACH COUNTY;
   (II)  DETERMINING SERVICES NEEDED TO ADDRESS THE CHALLENGES AND BARRI-
 ERS IDENTIFIED IN SUBPARAGRAPH (I) OF THIS  PARAGRAPH  INCLUDING,  WHERE
 NECESSARY,  BY PILOTING NEW STRATEGIES TO ADDRESS THESE CHALLENGES USING
 NATIONAL BEST PRACTICES AND RESEARCH FROM THIS AND OTHER FIELDS; AND
   (III) COLLABORATING WITH  OTHER  AGENCIES,  INCLUDING  THE  OFFICE  OF
 MENTAL HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE OFFICE
 FOR  THE  PREVENTION  OF  DOMESTIC VIOLENCE, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, AND THE DEPARTMENT OF HEALTH TO  DEVELOP  STRATE-
 GIES FOR ADDRESSING THE NEEDS OF THOSE UNDER PRETRIAL SUPERVISION;
   (J)  TO  COLLECT,  RECEIVE AND PUBLISH IN A MACHINE READABLE FORMAT ON
 THE OFFICE'S WEBSITE ON AN ANNUAL BASIS THE  AGGREGATE  INFORMATION  AND
 DATA  REQUIRED  PURSUANT TO SECTION 510.45 OF THE CRIMINAL PROCEDURE LAW
 REGARDING THE PROVISION OF SERVICES  AS  WELL  AS  ANY  OTHER  AGGREGATE
 INFORMATION  OR DATA IDENTIFIED BY THE OFFICE INCLUDING, BUT NOT LIMITED
 TO:
   (I) ANY TOOL  USED  TO  MAKE  DECISIONS  REGARDING  PLACEMENT  WITH  A
 PRETRIAL  SERVICES  AGENCY  AND  CONDITIONS  OF  RELEASE, AS WELL AS THE
 RESEARCH VALIDATING SUCH TOOL AND DEMONSTRATING THAT SUCH TOOL  IS  FREE
 FROM  DISCRIMINATION  ON  THE  BASIS OF RACE, COLOR, ETHNICITY, NATIONAL
 ORIGIN, AGE, DISABILITY,  CREED,  RELIGION,  OR  SEX,  INCLUDING  SEXUAL
 ORIENTATION,  GENDER  IDENTITY,  GENDER EXPRESSION, PREGNANCY, PREGNANCY
 OUTCOMES,  AND  REPRODUCTIVE  HEALTHCARE  AND  AUTONOMY,  OR  ANY  OTHER
 PROTECTED CLASS, AS REQUIRED UNDER SECTION 510.45 OF THE CRIMINAL PROCE-
 DURE LAW;
   (II)  THE  CATEGORIES  OF  SUPERVISION  USED BY EACH PRETRIAL SERVICES
 AGENCY AND THE NUMBER OF INDIVIDUALS STARTING UNDER EACH LEVEL  OR  TIER
 WHERE  APPLICABLE,  OF  SUPERVISION,  DISAGGREGATED BY RACE, SEX, SEXUAL
 ORIENTATION, GENDER IDENTITY, AGE, AND ETHNICITY,  TO  THE  EXTENT  SUCH
 INFORMATION IS AVAILABLE;
   (III)  PRETRIAL  FAILURE  TO  APPEAR  RATES  OF  INDIVIDUALS RECEIVING
 PRETRIAL SERVICES, INCLUDING THE NUMBER WHO MISSED  ONE  OR  MORE  COURT
 DATES, ANY INFORMATION COLLECTED REGARDING REASONS FOR FAILURE TO APPEAR
 COLLECTED BY THE PRETRIAL SERVICES AGENCY, HOW MANY INDIVIDUALS APPEARED
 IN  COURT  VOLUNTARILY  FOLLOWING A FAILURE TO APPEAR, HOW MANY WARRANTS
 FOR FAILURES TO APPEAR  WERE  ISSUED,  AND  HOW  MANY  INDIVIDUALS  WERE
 DETAINED  PRETRIAL  OR  PLACED ON ELECTRONIC MONITORING PRETRIAL AFTER A
 FAILURE TO APPEAR IN COURT, BROKEN DOWN  BY  RACE,  SEX,  SEXUAL  ORIEN-
 TATION,  GENDER  IDENTITY,  AGE, ETHNICITY, PRETRIAL SERVICES AGENCY AND
 CONDITIONS OF SUPERVISION, TO THE EXTENT SUCH INFORMATION IS AVAILABLE;
   (IV) INFORMATION ON THE PRETRIAL  REARREST  OF  INDIVIDUALS  RECEIVING
 PRETRIAL  SERVICES,  INCLUDING  THE  NUMBER  OF INDIVIDUALS ARRESTED AND
 CHARGED WITH A  NEW  MISDEMEANOR  OFFENSE  WHILE  RELEASED,  THE  NUMBER
 ARRESTED  AND  CHARGED  WITH  A  NEW  NON-VIOLENT  FELONY  OFFENSE WHILE
 RELEASED, AND THE NUMBER ARRESTED AND CHARGED WITH A NEW VIOLENT  FELONY
 OFFENSE  WHILE RELEASED, THE OUTCOME OF ANY REARREST, AND HOW LONG AFTER
 RELEASE SUCH ARRESTS OCCURRED;
 S. 9947--A                          6
 
   (V) THE TYPES OF SERVICES TO WHICH EACH PRETRIAL  SERVICES  AGENCY  IS
 MAKING  REFERRALS,  ANY CHALLENGES IDENTIFIED IN LINKING PARTICIPANTS TO
 SERVICES AND THE NAMES OF THE ORGANIZATIONS TO WHOM REFERRALS ARE  BEING
 MADE;
   (VI) INFORMATION REGARDING ANY EVALUATION OF A PRETRIAL SERVICES AGEN-
 CY CONDUCTED BY THE OFFICE;
   (VII)  INFORMATION  REGARDING  PERSONS PLACED ON ELECTRONIC MONITORING
 PROGRAMS PRETRIAL, INCLUDING, BUT NOT LIMITED TO: THE NUMBER OF  PARTIC-
 IPANTS;  THE DEMOGRAPHICS OF THE PARTICIPANT POPULATION, INCLUDING RACE,
 SEX, SEXUAL ORIENTATION, GENDER IDENTITY, AGE, AND ETHNICITY; THE CHARG-
 ES ON WHICH PARTICIPANTS ARE ORDERED TO THE  PROGRAM;  AND  THE  AVERAGE
 LENGTH  OF  PARTICIPATION IN THE PROGRAM, TO THE EXTENT SUCH INFORMATION
 IS AVAILABLE; AND
   (VIII) THE AVERAGE CASELOADS OF STAFF PROVIDING SUCH SERVICES;
   (K) TO REQUEST AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU,  COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
 VISION OF THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION
 AND DATA, SUBJECT TO LIMITATIONS ON THE DISCLOSURE  OF  INFORMATION,  AS
 SHALL  ENABLE THE OFFICE TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND
 DUTIES;
   (L) TO ANALYZE AND EVALUATE ALL  COLLECTED  DATA,  AND  COMMISSION  OR
 UNDERTAKE ANY NECESSARY RESEARCH AND STUDIES, TO IMPROVE THE DELIVERY OF
 PRETRIAL  SERVICES IN A MANNER THAT IS CONSISTENT WITH MEETING THE NEEDS
 AND CIRCUMSTANCES OF  EACH  COUNTY  AND  OF  THE  INDIVIDUALS  RECEIVING
 SERVICES,  ENSURING  THE APPROPRIATE USE OF SERVICES, AND PREVENTING ANY
 DISPARITIES BASED ON AN INDIVIDUAL'S NEEDS  OR  THEIR  MEMBERSHIP  IN  A
 PROTECTED CLASS;
   (M)  TO WORK WITH THE OFFICE OF COURT ADMINISTRATION TO DEVELOP TRAIN-
 ING MATERIALS FOR JUDGES AND COURT STAFF ON RESEARCH AND OTHER  RELEVANT
 INFORMATION REGARDING BEST PRACTICES ON THE USE OF PRETRIAL SERVICES AND
 NON-MONETARY RELEASE;
   (N)  TO  EVALUATE  THE  PERFORMANCE  OF  AGENCIES  PROVIDING  PRETRIAL
 SERVICES, ASSIST AGENCIES TO IMPROVE SERVICES WHERE PROGRAMS DO NOT MEET
 PERFORMANCE STANDARDS SET BY THE OFFICE, AND DECERTIFY PROGRAMS OR PLACE
 PROGRAMS ON PROBATION THAT REMAIN UNABLE TO MEET THE STANDARDS;
   (O) TO ASSIST LOCAL JURISDICTIONS TO REGULARLY  ELICIT  FEEDBACK  FROM
 CURRENT  AND  FORMER RECIPIENTS OF PRETRIAL SERVICES REGARDING THE COURT
 PROCESS, THE SERVICES THEY RECEIVED,  RECOMMENDATIONS  TO  IMPROVE  SUCH
 SERVICES, AND ANY OTHER INFORMATION THAT THE OFFICE DEEMS APPROPRIATE;
   (P)  TO  INVESTIGATE  AND MONITOR ANY OTHER MATTER RELATED TO PRETRIAL
 SERVICES AS NEEDED;
   (Q) TO DEVELOP RECOMMENDATIONS REGARDING THE DISTRIBUTION AND EXPENDI-
 TURE OF ANY MONIES APPROPRIATED FOR PRETRIAL SERVICES.  IN  MAKING  SUCH
 RECOMMENDATIONS,  THE  OFFICE  MAY  CONSIDER, IN ADDITION TO MEASURES OF
 PERFORMANCE, THE COMMITMENT OF LOCAL RESOURCES TO SUCH SERVICES AND  THE
 CHANGES  THERETO, THE GEOGRAPHIC BALANCE OF FUNDING AMONG THE REGIONS OF
 THE STATE, POPULATION, CRIME RATES, POVERTY RATES AND INDIVIDUAL  COMMU-
 NITY NEEDS;
   (R)  TO APPLY FOR AND ACCEPT ANY GRANT OR GIFT FOR ANY OF THE PURPOSES
 OF THE OFFICE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE  OFFICE  TO
 EFFECTUATE  ANY  SUCH  PURPOSE,  SUBJECT  TO  THE SAME LIMITATIONS AS TO
 APPROVAL OF EXPENDITURES AND AUDIT AS ARE PRESCRIBED  FOR  STATE  MONIES
 APPROPRIATED FOR SUCH PURPOSES; AND
   (S)  TO  TARGET  GRANTS  IN  SUPPORT  OF INNOVATIVE AND COST-EFFECTIVE
 SOLUTIONS THAT ENHANCE  THE  PROVISION  OF  QUALITY  PRETRIAL  SERVICES,
 INCLUDING COLLABORATIVE EFFORTS SERVING MULTIPLE COUNTIES.
 S. 9947--A                          7
 
   3.  THE OFFICE SHALL ESTABLISH AN ADVISORY BOARD ON PRETRIAL SERVICES.
 THE OFFICE SHALL DETERMINE THE SIZE AND  COMPOSITION  OF  SUCH  ADVISORY
 BOARD;  PROVIDED,  HOWEVER,  THAT SUCH ADVISORY  BOARD  SHALL INCLUDE AT
 LEAST ONE REPRESENTATIVE FROM  A  NON-PROFIT  PRETRIAL  SERVICES  AGENCY
 STAFF, AT LEAST TWO CURRENT OR FORMER RECIPIENTS OF PRETRIAL SERVICES OR
 INDIVIDUALS  WHO  WERE  OTHERWISE  PREVIOUSLY  INVOLVED  IN THE CRIMINAL
 JUSTICE SYSTEM, THE NEW YORK STATE ASSOCIATION    OF  PRETRIAL  SERVICES
 AGENCIES,  PROBATION  DEPARTMENTS  PROVIDING  PRETRIAL SERVICES, THE NEW
 YORK STATE ASSOCIATION OF COUNTIES, AND NATIONAL EXPERTS OR  RESEARCHERS
 AS    NEEDED.   THE ADVISORY BOARD SHALL MEET NO LESS THAN TWO TIMES PER
 YEAR.  THE ADVISORY BOARD'S RESPONSIBILITIES SHALL INCLUDE, BUT  NOT  BE
 LIMITED  TO:  PROVIDING THE OFFICE WITH RECOMMENDATIONS FOR ESTABLISHING
 THE MINIMUM STANDARDS REQUIRED BY SUBDIVISION TWO-A OF SECTION 510.45 OF
 THE CRIMINAL PROCEDURE LAW; REVIEWING ANY RECOMMENDATIONS  DEVELOPED  BY
 THE  OFFICE  FOR  ENSURING  THE APPROPRIATE USE OF PRETRIAL SERVICES AND
 IMPROVING THE SERVICES THAT INDIVIDUALS UNDER SUPERVISION ARE  PROVIDED;
 AND REVIEWING THE DATA COMPILED ANNUALLY BY THE OFFICE.
   4.  THE OFFICE SHALL DELEGATE TO A CITY OF ONE MILLION OR MORE RESPON-
 SIBILITY FOR COLLECTING DATA  FROM  SUCH  AGENCIES  WITHIN  SUCH  CITY'S
 JURISDICTION.
   5.  WITHIN AMOUNTS APPROPRIATED THEREFOR, FUNDING SHALL BE MADE AVAIL-
 ABLE TO PAY FOR PRETRIAL SERVICES PROGRAMS CERTIFIED UNDER THIS  SECTION
 PURSUANT  TO  CRITERIA  ESTABLISHED  BY THE OFFICE OF PRETRIAL SERVICES,
 WHICH SHALL TAKE INTO CONSIDERATION THE LOCAL NEEDS AND  RESOURCES,  THE
 AVERAGE  NUMBER  OF  PEOPLE RECEIVING SUCH SERVICES AT ANY ONE TIME, THE
 LEVEL OF SERVICES REQUIRED BY INDIVIDUALS UNDER  SUPERVISION,  AND  SUCH
 OTHER  FACTORS  AS  MAY BE DEEMED NECESSARY.  SUBJECT TO APPROPRIATIONS,
 PRETRIAL SERVICES AGENCIES THAT RECEIVE FUNDING FROM A LOCAL  GOVERNMENT
 OR  MUNICIPALITY  SHALL  BE  ELIGIBLE  FOR  FUNDING  FROM  THE OFFICE OF
 PRETRIAL SERVICES.
   § 3. This act shall take effect one year after it shall have become  a
 law.    Effective  immediately, the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.