Loading chat...
NY S00857
Bill
Status
1/8/2025
Primary Sponsor
Patrick Gallivan
Click for details
AI Summary
-
Restores judicial discretion in bail decisions by allowing courts to consider "danger to the community" in addition to flight risk when determining whether to release a defendant, set bail, or remand to custody
-
Requires courts to request a "risk and needs assessment" from county pre-trial services agencies for all defendants, which must be considered (but not as the sole determinative factor) in release decisions
-
Defines "risk and needs assessment" as a standardized, objective instrument approved by the chief administrative judge, based on empirical data and risk factors, that cannot discriminate based on race, national origin, sex, other protected classes, or socioeconomic status
-
Eliminates the existing "qualifying offense" framework that restricted when courts could set bail or remand defendants, effectively expanding judicial authority to set bail or order detention for any offense
-
Repeals provisions that previously required release on recognizance or non-monetary conditions for non-qualifying offenses, giving judges broader discretion across all charge levels
Legislative Description
Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.
Last Action
REFERRED TO CODES
1/7/2026