New York Senate Bill S07255

New York 2025-2026 Regular Session

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

Caption

Relates to the imposition of securing orders for felonies by individuals without permanent residency status; provides such individuals shall be remanded to the custody of the sheriff for the entirety of the judicial proceedings related thereto.

Summary

S07255 would amend New York’s criminal procedure law to require courts to remand, rather than release, any defendant charged with a felony if the person is not a U.S. citizen or is not lawfully admitted for permanent residence. The bill directs that such a defendant be held in the custody of the sheriff during the entire course of the related judicial proceedings, and it bars revocation or termination of that remand until the case is completed. In practical terms, the bill creates a categorical securing-order rule based on immigration status for felony charges. It would override existing discretion under current bail and pretrial release rules by mandating detention for a defined class of noncitizen defendants, regardless of the individual circumstances of the case, until the criminal matter is resolved.

Impact

The bill would amend Criminal Procedure Law section 510.10 by adding a new mandatory remand provision for felony defendants who are neither U.S. citizens nor lawful permanent residents. This would significantly narrow judicial discretion in pretrial release decisions for that group and would affect courts, sheriffs, prosecutors, defense counsel, and noncitizen defendants charged with felonies. It would also create a new immigration-status-based criterion in New York’s pretrial detention framework.

Sentiment

Based on the bill text and caption, the measure appears to be framed as a public-safety and detention policy proposal, but no committee transcript or recorded vote is available to show broader legislative support or opposition. The absence of discussion and voting history means sentiment cannot be measured directly from the record provided. The bill’s introduction by a single sponsor and referral to committee suggests it was at an early stage of consideration.

Contention

The central point of contention is the bill’s use of immigration status as the trigger for mandatory remand. Supporters would likely view it as a way to ensure custody for felony defendants who are noncitizens without permanent residency, while critics would likely argue that it creates unequal treatment based on citizenship or immigration status and removes judicial discretion. Another likely issue is whether the proposal conflicts with existing bail reform principles by imposing detention categorically rather than case-by-case.