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.
Summary
Bill S00032 amends the criminal procedure law in New York to require courts to make individualized determinations regarding bail for defendants who may pose a threat to public safety. The bill outlines specific factors that courts must consider when deciding bail, including the defendant's criminal history, prior failures to appear in court, and any history of firearm possession. The aim is to enhance public safety by ensuring that dangerous individuals are not released on bail without a thorough assessment of their risk to the community.
Impact
If enacted, this bill would modify existing bail procedures in New York, particularly for defendants deemed a threat to public safety. It would require courts to take into account a broader range of factors when setting bail, potentially leading to more stringent bail conditions for certain defendants. This could affect the number of individuals released on bail and the overall approach to pretrial detention in the state.
Sentiment
The sentiment surrounding Bill S00032 appears to be mixed, with some legislators expressing support for measures that enhance public safety, while others raise concerns about the potential for increased pretrial detention and its impact on defendants' rights. The lack of voting history suggests that the bill is still under consideration and has not yet reached a decisive vote.
Contention
Notable points of contention include the balance between public safety and the rights of defendants, particularly regarding the potential for increased incarceration rates for individuals who may not pose a significant risk. Advocates for criminal justice reform argue that the bill could disproportionately affect marginalized communities, while supporters emphasize the need for stricter measures to prevent crime.
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.
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.
Providing that jail credit when consecutive sentences are imposed shall not apply to more than one case, creating special sentencing rules when a felony is committed by certain offenders while on probation, parole or postrelease supervision for a prior felony and requiring secured minimum bonds for certain defendants who commit a new felony while on probation, parole, postrelease supervision or bond for a prior felony unless the court makes certain findings.
To Require All City Councils And County Quorum Courts To Post Video Recordings Of Public Meetings; And To Require All Public Meetings Of City Councils Or County Quorum Courts To Be Recorded In Video Format.
Data held by law enforcement agencies regarding the person or entity that posted bail is public authorization; notice to the agency custody of the arrested or detained person when bail or a bond is posted requirement