Relates to the money deposited as bail by charitable bail organizations; removes maximum authorized amount of money allowed to be deposited by such organizations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2097
SPONSOR: Kelles TITLE OF BILL:
An act to amend the insurance law, in relation to the money deposited as
bail by charitable bail organizations
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the Insurance Law to enable charitable bail organ-
izations to provide more effective assistance to indigent persons in
need of such services.
SUMMARY OF PROVISIONS:
Section 1 amends subsection (b) of section 6805 of the Insurance Law to
eliminate the cap on bail that can be paid by a charitable organization
and removes the geographical restriction that an organization may only
offer bail in one county.
Section 2 is the effective date.
JUSTIFICATION:
Despite bail reforms enacted in New York, bail was set for over 14,000
people in 2021 down significantly from 24,657 in 2019. However, bail-
setting still leads to pre-trial incarceration for many and continues to
syphon money from low income communities. By assisting with cash bail
for New Yorkers who cannot afford it, charitable bail organizations help
keep people out of jail while awaiting trial, protect the presumption of
innocence, and help keep families intact.
Charitable bail organizations have been formally recognized in New York
since 2012 as nonprofit organizations regulated by the New York State
Department of Financial Services. Due to changes in the bail laws, char-
itable bail organizations are limited in which offenses qualify for bail
and the maximum amount of bail they can post needs to be increased. This
bill expands these organizations' reach to all offenses as defined in
Penal Law 10.00 and removes the cap on the amount of bail they are
allowed to deposit.
There are significant consequences from pretrial incarceration, includ-
ing families torn apart and individuals losing their employment, hous-
ing, and more. It is logical to support efforts to keep people together,
employed and housed while awaiting adjudication of their case. The loss
of these resources and supports can lead to desperation and irrational
decision-making resulting in harm to self or others, and even additional
encounters with the criminal justice system, worsening the entire situ-
ation. This bill seeks to mitigate these possible consequences by
enabling more nonprofit organizations to establish bail funds to help
individuals in need.
PRIOR LEGISLATIVE HISTORY:
2023-24: A4874A - referred to Codes
2021-22: A88 (Quart) - referred to Codes
2019-20: A1411 (Quart) - referred to Codes
2017-18: A8741A (Quart) - referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
