Eliminates bail for all offenses; provides for imposition of restrictions and conditions and remand for certain offenses; directs consideration of a defendant's character, reputation, habits, mental condition, activities and history, and whether they pose a danger to themselves, another person or the community, when determining a securing order; creates the commission on public safety reform to issue a determination on which offenses should be eligible for pretrial detention.
Summary
Bill S05667 aims to eliminate bail for all offenses in New York State, shifting the focus to the imposition of restrictions and conditions for release based on a defendant's character, mental condition, and potential danger to the community. The bill proposes that, instead of monetary bail, courts will issue securing orders that may include non-monetary conditions. Additionally, it establishes a commission on public safety reform tasked with determining which offenses should be eligible for pretrial detention, thereby addressing public safety concerns while considering the rights of the accused.
Impact
If enacted, this bill would significantly alter the current bail system in New York, moving away from monetary bail and towards a system that emphasizes non-monetary conditions for release. This change could affect numerous statutes within the criminal procedure law, particularly those related to bail and pretrial detention. The establishment of the commission on public safety reform would also create a new body responsible for analyzing crime data and recommending which offenses should qualify for pretrial detention, potentially influencing future legislative actions.
Sentiment
The sentiment surrounding Bill S05667 appears to be mixed, with proponents arguing that it enhances public safety and ensures that individuals are not incarcerated simply due to their inability to pay bail. Critics, however, express concerns about the potential risks to community safety and the implications of removing monetary bail altogether, fearing that it may lead to increased crime rates.
Contention
Notable points of contention include the debate over public safety versus the rights of the accused. Supporters of the bill argue that eliminating bail will prevent unjust incarceration of low-income individuals, while opponents worry that the lack of monetary bail could lead to higher risks for victims and communities. Additionally, the effectiveness and composition of the proposed commission on public safety reform are likely to be scrutinized, particularly regarding its ability to make unbiased and effective recommendations.
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.
Stop Enabling Repeat Violence and Endangering Our Communities Act or the SERVE Our Communities Act This bill authorizes the Bureau of Justice Assistance to make grants to states and local governments for mentoring, transitional services, and training to help offenders successfully reintegrate back into the community after incarceration. To be eligible for a grant, a state or local government must take steps to prevent repeat offenses by violent offenders and allow a state court or magistrate to consider the danger an individual poses to the community when determining bail or pretrial release conditions.
Provides for tiered and reduced penalties for offenses of larceny, and shoplifting. Further provides that offenses of shoplifting or larceny would not be misdemeanors, repeals habitual offender provisions and other fraudulent offenses.
Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.
Payment rates established for certain substance use disorder treatment services, and vendor eligibility recodified for payments from the behavioral health fund.
Cover Outstanding Vulnerable Expansion-eligible Residents Now Act or the COVER Now Act This bill establishes a demonstration program to allow local governments to provide health benefits to the Medicaid expansion population in states that have not expanded Medicaid. Under the program, local governments may provide coverage for individuals who are newly eligible for Medicaid under the Patient Protection and Affordable Care Act (i.e., the Medicaid expansion population) for a maximum of 10 years, or until their respective states expand Medicaid. The bill provides a 100% federal matching rate for the first three years of program participation. The bill prohibits states from taking certain actions against participating localities, such as withholding funding, increasing taxes, or restricting provider participation. States that violate these requirements are subject to certain funding penalties.