S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4957
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by Sens. BAILEY, WEBB -- 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 3 of part C of chapter 55 of the laws of  2024,  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.
                                                            LBD09114-01-5
              

 S. 4957                             2
 
 including the top charge of each case; the number and type of charges in
 each  defendant's  criminal  record;  whether  a hate crime was charged;
 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 recogni-
 zance;  the  number  of individuals 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  division  of criminal justice services may find
 necessary and appropriate.  Further,  the  chief  administrator  of  the
 courts  shall  collect  data  and  report every month regarding pretrial
 commitments to local correctional facilities. Such  data  shall  include
 but  not  be limited to age, gender, racial and ethnic background of the
 principal; both beginning and end dates of pretrial  commitment  to  the
 custody of the sheriff; total days of pretrial commitment to the custody
 of  the  sheriff;  the  type of commitment ordered by the court; the top
 charge at arrest and arraignment; and whether  the  principal  had  been
 previously  released  from custody in the case. Such report shall aggre-
 gate 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.    THE
 REPORT  SHALL  ALSO  BE DELIVERED TO THE COMMISSION ON JUDICIAL 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; provided, howev-
 er, that the pretrial detention admissions and discharges report will be
 published every month.
   § 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
 S. 4957                             3
 
 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.