Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.
Summary
Bill A02313 amends the criminal procedure law to require courts to make an individualized determination regarding whether a defendant poses a current physical threat to any person or public safety when setting bail. This change aims to enhance public safety by ensuring that judges consider the potential risks posed by defendants before deciding on bail conditions. The bill emphasizes the need for courts to evaluate both the risk of flight and the danger to victims or the community, thus allowing for more informed judicial decisions.
Impact
If enacted, this bill would modify the existing bail determination process in New York, potentially leading to stricter bail conditions for defendants deemed a threat to public safety. It would require courts to document their reasoning for bail decisions, which could lead to increased accountability in the judicial system. This change may also influence the overall approach to bail reform in New York, as it places a greater emphasis on public safety considerations.
Sentiment
The sentiment surrounding Bill A02313 appears to be mixed, with proponents arguing that it is a necessary measure to protect the community from potentially dangerous individuals. Critics, however, may express concerns about the implications for bail reform and the potential for increased pretrial detention, which could disproportionately affect marginalized communities.
Contention
Notable points of contention include the balance between public safety and the rights of defendants, particularly regarding the potential for increased pretrial detention. Advocates for criminal justice reform may oppose the bill, arguing that it could lead to unjust outcomes for individuals who are not a genuine threat to public safety. Supporters of the bill, on the other hand, emphasize the importance of protecting victims and the community from violent offenders.
Same As
Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.
Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.
Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.
Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.
Relates to medical parole and determinations of whether a person released on medical parole is physically or cognitively incapable of presenting a danger to society.
Relates to medical parole and determinations of whether a person released on medical parole is physically or cognitively incapable of presenting a danger to society.
Relates to setting bail for dangerous defendants who pose a threat to public safety; requires a court to make an individualized determination based on the principal's record of a prior felony conviction, failure to appear in court or arrest during the interim period while awaiting a preliminary hearing or trial.
Enacts the "pretrial risk overview for threat evaluation, custody, and treatment (PROTECT) Act" to evaluate certain defendants; establishes a risk assessment instrument to aid judges in determining whether to release or detain a principal, where and when a release is appropriate and necessary conditions that should be imposed as part of such release; repeals provisions of law relating to qualifying offenses and allows a court to set bail or remand a principal where based on the risk assessment instrument, where the principal poses a safety risk or risk of flight; makes related provisions.
Criminal procedure; court costs and fees; requiring courts to offer certain hearing; cost waiver or reduction exceptions; determinations; effective date.