New York Assembly Bill A06358

New York 2025-2026 Regular Session

• Introduced: 3/4/25
• Refer: 3/4/25
• Refer: 1/7/26

Caption

Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.

Summary

Bill A06358 aims to amend the criminal procedure law in New York by restoring judicial discretion in bail decisions, particularly for defendants charged with felonies. It mandates that courts request a risk and needs assessment from county pre-trial services agencies to evaluate whether a defendant should be released on their own recognizance, under non-monetary conditions, or if bail should be set. The bill also defines what constitutes a risk and needs assessment, emphasizing that it must be objective and non-discriminatory.

Impact

If enacted, this bill would significantly alter the current bail reform landscape in New York by allowing judges more discretion in determining bail conditions based on individual assessments. This could lead to varied outcomes for defendants depending on their assessed risk levels, potentially affecting pre-trial detention rates and the overall judicial process. The bill seeks to ensure that assessments are fair and not biased against any demographic group.

Sentiment

The general sentiment surrounding Bill A06358 appears to be mixed, with some support for restoring judicial discretion in bail decisions, while others express concern about the potential for increased pre-trial detention and the implications of risk assessments. The Assembly Codes Committee has held the bill for consideration, indicating ongoing debate and scrutiny.

Contention

Notable points of contention include concerns from advocates who fear that increased judicial discretion may lead to unequal treatment of defendants, particularly those from marginalized communities. Critics argue that risk assessments could perpetuate biases, while supporters believe they will enhance the fairness of bail decisions by providing a structured evaluation process.