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NY S05667
Bill
Status
2/26/2025
Primary Sponsor
Jacob Ashby
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AI Summary
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Eliminates cash bail entirely from New York's criminal procedure system, replacing it with a framework of release on own recognizance, non-monetary conditions, or remand to custody for qualifying offenses
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Expands judicial discretion to detain defendants pretrial by allowing courts to consider whether a principal poses a danger to themselves, others, or the community, in addition to flight risk, when issuing securing orders
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Creates new categories of "qualifying misdemeanors" eligible for pretrial detention, including witness tampering, sex offenses under article 130 of the penal law, criminal contempt involving orders of protection, domestic violence offenses, hate crimes, bail jumping, escape, and crimes committed while already released on another charge
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Establishes a 15-member Commission on Public Safety Reform within the Division of Criminal Justice Services to study and recommend which crimes should be eligible for pretrial detention, with members appointed by the governor upon recommendations from legislative leaders, prosecutors, defense attorneys, and the judiciary
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Requires the commission to issue a draft report within one year, hold at least three public hearings, publish a final report within 90 days of the last hearing, and develop a model risk analysis tool for judges to use in remand decisions
Legislative Description
Eliminates bail for all offenses; provides for imposition of restrictions and conditions and remand for certain offenses; directs consideration of a defendant's character, reputation, habits, mental condition, activities and history, and whether they pose a danger to themselves, another person or the community, when determining a securing order; creates the commission on public safety reform to issue a determination on which offenses should be eligible for pretrial detention.
Last Action
REFERRED TO CODES
1/7/2026