Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order; makes stalking in the second and third degree a qualifying offense; makes related provisions.
Summary
Bill A04206 amends the criminal procedure law to require courts to assess whether an individual poses a risk or threat to the safety of any person or the community when imposing a securing order. This includes making individualized determinations regarding the necessity of control or restrictions to ensure court attendance and community safety. Additionally, the bill introduces stalking in the second and third degrees as qualifying offenses for such assessments, expanding the scope of crimes that courts must consider when determining securing orders.
Impact
The bill impacts state laws by modifying the criteria under which courts can impose securing orders, specifically by mandating the consideration of potential risks to community safety. It adds stalking offenses to the list of qualifying crimes that warrant a more stringent review of a defendant's release conditions. This change aims to enhance public safety by ensuring that individuals deemed a threat are subject to appropriate legal restrictions.
Sentiment
The general sentiment around Bill A04206 appears to be mixed. While there is support for measures aimed at increasing community safety, concerns have been raised regarding the implications for defendants' rights and the potential for increased incarceration rates. The Assembly Codes Committee's vote of 14-6 indicates a level of division among lawmakers regarding the bill's provisions.
Contention
Notable points of contention include the balance between public safety and defendants' rights, particularly how the bill may disproportionately affect certain groups. Critics argue that the expanded criteria for securing orders could lead to unjust detentions, while supporters emphasize the need for stricter measures to protect victims of stalking and other violent crimes. The differing opinions reflect broader debates on criminal justice reform and public safety.
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.
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.
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.
Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.
In firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; adding provisions relating to extreme risk protection orders; imposing duties on the Office of Attorney General; and imposing penalties.
Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.
Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.