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.
Summary
Bill A06343 amends the criminal procedure law to allow 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. This change emphasizes the importance of public safety in bail decisions, alongside the existing considerations of flight risk. The bill aims to provide courts with more comprehensive criteria to assess the risks associated with granting bail, thereby potentially enhancing community safety.
Impact
The bill modifies existing bail determination procedures by explicitly including the consideration of physical danger to victims and the community. This could lead to stricter bail conditions for individuals deemed a threat, impacting how courts evaluate cases and potentially reducing the number of individuals released on bail if they are considered a danger. It aligns state law with a more risk-averse approach to bail, which may affect the rights of defendants and the overall judicial process.
Sentiment
The sentiment around Bill A06343 appears to be cautiously supportive, with discussions likely focusing on the balance between ensuring public safety and protecting the rights of defendants. While there may be general agreement on the need for safety considerations in bail decisions, there could also be concerns about the implications for due process and the potential for increased pretrial detention.
Contention
Notable points of contention may arise from differing views on the balance between public safety and individual rights. Advocates for victims may support the bill for prioritizing safety, while civil liberties groups might argue that it could lead to unjust pretrial detentions based on subjective assessments of danger. The debate may involve stakeholders from law enforcement, legal advocacy groups, and civil rights organizations.
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.
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.
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.
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.
Permits those individuals convicted of multiple felonies and misdemeanors to have their records expunged and provide criteria for the court to consider in determining whether the person is of good moral character.