S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6417
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law and the executive law, in relation  to
   providing  for  review of bail data reports by the state commission on
   judicial conduct

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 42 of the judiciary law, as added
 by chapter 156 of the laws of 1978, is amended to read as follows:
   3. (A) To request and receive from any  court,  department,  division,
 board,  bureau,  commission,  or  other agency of the state or political
 subdivision thereof or any public authority such assistance, information
 and data as will enable it properly to carry out its  functions,  powers
 and duties.
   (B)  WITH  RESPECT  TO  THE  REPORTS OF THE CHIEF ADMINISTRATOR OF THE
 COURTS AND THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  REQUIRED  UNDER
 SUBDIVISION  FIVE  OF  SECTION  TWO  HUNDRED SIXTEEN OF THIS CHAPTER AND
 SECTION EIGHT HUNDRED THIRTY-SEVEN-U OF THE EXECUTIVE LAW, TO STUDY SUCH
 REPORTS FOR EVIDENCE OF BIAS OR PREJUDICE BY ANY JUDGE OR  JUSTICE;  AND
 WHERE  APPROPRIATE  BASED ON SUCH REPORTS, TO INITIATE, INVESTIGATE, AND
 HEAR COMPLAINTS UNDER SECTION FORTY-FOUR OF THIS ARTICLE  AND  OTHERWISE
 COMMENT ON MATTERS OF BIAS AND PREJUDICE EVIDENCED THEREIN IN ITS ANNUAL
 REPORTS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   §  2. Subdivision 5 of section 216 of the judiciary law, as amended by
 section 1 of subpart G of part UU of chapter 56 of the laws of 2022,  is
 amended to read as follows:
   5.  The  chief  administrator  of  the courts, in conjunction with the
 division of criminal justice services, shall  collect  data  and  report
 every six months regarding pretrial release and detention. Such data and
 report  shall contain information categorized by age, gender, racial and
 ethnic background;  regarding  the  nature  of  the  criminal  offenses,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10891-01-3
              

 S. 6417                             2
 
 including the top charge of each case; the number and type of charges in
 each  defendant's criminal record; whether the prosecutor requested that
 the court fix bail, the amounts and  forms  of  bail  requested  by  the
 prosecutor,  and  the  amounts  and  forms of bail set by the court; the
 number of individuals released on recognizance; the number  of  individ-
 uals  released  on  non-monetary  conditions,  including  the conditions
 imposed; the number of individuals committed to the custody of a sheriff
 prior to trial; the rates of failure to appear and rearrest; the outcome
 of such cases or dispositions; the length of the pretrial detention stay
 and any other such information as the chief administrator and the  divi-
 sion  of  criminal  justice services may find necessary and appropriate.
 Such report shall aggregate the data collected by county; court, includ-
 ing city, town and village courts; and judge. The data shall  be  aggre-
 gated  in  order  to  protect the identity of individual defendants. The
 report shall be released publicly and published on the websites  of  the
 office  of  court  administration  and  the division of criminal justice
 services. EACH REPORT SHALL ALSO BE DELIVERED TO THE COMMISSION ON JUDI-
 CIAL CONDUCT. The first report shall be published  twelve  months  after
 this  subdivision  shall  have become a law, and shall include data from
 the first six months following the enactment of  this  section.  Reports
 for subsequent periods shall be published every six months thereafter.
   §  3.  Section  837-u of the executive law, as amended by section 2 of
 subpart G of part UU of chapter 56 of the laws of 2022,  is  amended  to
 read as follows:
   §  837-u.  The  division  of criminal justice services, in conjunction
 with the chief administrator of  the  courts,  shall  collect  data  and
 report  annually regarding pretrial release and detention. Such data and
 report shall contain information categorized by age, gender, racial  and
 ethnic  background;  regarding  the  nature  of  the  criminal offenses,
 including the top charge of each case; the number and type of charges in
 each defendant's criminal record; whether the prosecutor requested  that
 the  court  fix  bail,  the  amounts  and forms of bail requested by the
 prosecutor, and the amounts and forms of bail  set  by  the  court;  the
 number  of  individuals released on recognizance; the number of individ-
 uals released  on  non-monetary  conditions,  including  the  conditions
 imposed; the number of individuals committed to the custody of a sheriff
 prior to trial; the rates of failure to appear and rearrest; the outcome
 of  such cases or dispositions; whether the defendant was represented by
 counsel at every court appearance  regarding  the  defendant's  securing
 order;  the  length  of  the  pretrial detention stay and any other such
 information as the chief administrator  and  the  division  of  criminal
 justice  services may find necessary and appropriate. Such annual report
 shall aggregate the data collected by  county;  court,  including  city,
 town  and  village  courts;  and  judge. The data shall be aggregated in
 order to protect the identity of individual defendants. The report shall
 be released publicly and published on the  websites  of  the  office  of
 court administration and the division of criminal justice services. EACH
 REPORT  SHALL  ALSO  BE DELIVERED TO THE COMMISSION ON JUDICIAL CONDUCT.
 The first report shall be published eighteen months after  this  section
 shall  have  become  a law, and shall include data from the first twelve
 months following the enactment of this section. Reports  for  subsequent
 years shall be published annually on or before that date thereafter.
   § 4. This act shall take effect immediately.