New York Assembly Bill A04151

New York 2025-2026 Regular Session

• Introduced: 1/31/25
• Refer: 1/31/25
• Refer: 1/7/26

Caption

Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, or criminal possession of a controlled substance in the fifth degree.

Summary

This bill would create a new section of the Criminal Procedure Law requiring mandatory pre-trial detention for a person charged with criminal possession of a controlled substance in the third, fourth, or fifth degree. In effect, the bill would reverse the default presumption of pretrial release for these drug-possession offenses by making detention mandatory unless a court exercises limited discretion under the bill’s exception process. The bill also allows a court to release a charged person only if the defense proves by clear and convincing evidence that the person does not pose a substantial risk to public safety or a flight risk. If release is granted, the court must impose strict conditions such as electronic monitoring, regular check-ins, or travel restrictions. The bill further states that release should not be based solely on factors like no prior convictions or community ties, and it provides for sanctions for violations of the section.

Impact

The bill would amend the Criminal Procedure Law by adding a new section 510.25 and would significantly narrow judicial discretion in pretrial release decisions for certain controlled substance possession charges. It would affect defendants charged under Penal Law sections 220.16, 220.09, and 220.06, as well as courts responsible for bail and release determinations, by requiring detention unless a heightened evidentiary showing is made. The measure would also interact with New York’s broader bail and pretrial release framework by creating a specific mandatory-detention rule for these offenses.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of debate or recorded support/opposition in the materials supplied. Based on the bill text alone, the proposal appears to reflect a tough-on-drugs, public-safety-oriented approach that prioritizes detention over release for controlled substance possession charges. The absence of recorded votes or discussion means the overall legislative sentiment cannot be measured from the available context.

Contention

The main point of contention is likely to be whether mandatory pretrial detention for drug-possession offenses is necessary to protect public safety or whether it unduly restricts judicial discretion and the presumption of release. Supporters would likely emphasize flight risk, public safety, and stricter accountability for controlled substance offenses, while opponents would likely argue that the bill sweeps too broadly, treats possession charges as detention-eligible by default, and limits consideration of individualized factors such as community ties and lack of prior convictions. The bill’s requirement that release be conditioned on clear and convincing evidence and strict monitoring would also likely be debated as burdensome and potentially punitive before conviction.