Senate Bill S4967

                                 
BILL NUMBER: S4967

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to release of a
principal from custody upon proof of posting bail

 
PURPOSE OR GENERAL IDEA:

To permit the electronic transmission of release orders to ensure the
immediate release of individuals from custody.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the criminal procedure law by adding a new
section 520.50 to read as follows:

Upon proof that bail has been paid and accepted by the state of New
York, by means of cash bail, an insurance company bail bond, a secured
surety bond, a secured appearance bond, a partially secured surety bond,
a partially secured appearance bond, an unsecured surety bond, an unse-
              

cured appearance bond, or credit card or similar device, of the desig-
nated amount, the principal must be forthwith released from custody. The
entity in whose custody the principal has been committed shall accept an
electronic transmission of the release order sent by the criminal court
clerk. The Office of Court Administration shall promulgate rules and
regulations to ensure compliance with the Electronics Signatures and
Records Act (ESRA), including but not limited to the use of electronic
signatures, records, and seals.

 
JUSTIFICATION:

To prevent individuals in pretrial detention from languishing in prison
when bail has been set, OCA/Court Clerks must have better communication
with correctional facilities in real time. Essentially, this new
requirement removes the procedural bureaucracy (e.g., hard copies,
stamped seals, etc.) from this process by moving to electronic
communication/record keeping per the ESRA.

Under CPL 520.15, when bail has been posted, the principal must be
"forthwith" released from custody. Forthwith under the law means imme-
diately. However, correctional facilities require the actual physical
"cut slip" with an embossed seal from the court before they release the
principal. As a result, a defendant can be held in Rikers or another
jail facility for sometimes over 48 hours even after bail has been post-
ed. In 2022, New York City settled a class-action lawsuit over release
delays at Rikers Island. In the settlement, each person who had a claim
was entitled to $3,500 for each instance where a delay happened over the
eight-year settlement period, dating back to 2014.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: Referred to Codes

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.