Requires persons held in custody to be released immediately upon posting bail; requires use and acceptance of electronic signatures and records to effectuate communications relating to posting bail.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7047
SPONSOR: Lavine TITLE OF BILL:
An act to amend the criminal procedure law, in relation to release of a
principal from custody upon proof of posting bail
PURPOSE GENERAL IDEA OF BILL:
To permit the electronic transmission of release orders to'ensure the
immediate release of individuals from custody.
SUMMARY OF PROVISIONS:
Section 1: The criminal procedure law is amended by adding a new section
520.50 to read as follows:
Upon proof that bail has been paid and accepted by the state of New
York, by means of cash bail, an insurance company bail bond, a secured
surety bond, a secured appearance bond, a partially secured surety bond,
a partially secured appearance bond, an unsecured surety bond, an unse-
cured appearance bond, or credit card or similar device, of the desig-
nated amount, the principal must be forthwith released from custody. The
entity in whose custody the principal has been committed shall accept an
electronic transmission of the release order sent by the criminal court
clerk. The department of corrections and Community supervision shall
promulgate rules and regulations to ensure compliance with The Electron-
ics Signatures and Records Act (ESRA) including but not limited to the
use of electronic signatures, records, and seals.
Section two effective date.
JUSTIFICATION:
In order to prevent individuals in pretrial detention from languishing
in'prison when bail has been set, OCA/Cdurt Clerks must have better
communication with DOC in real time. Essentially, this new requirement
would remove the procedural bureaucracy (e.g., hard copies, stamped
seals, etc.) from this process by moving to electronic
communication/record keeping per ESRA.
Under CPL 520.15, when bail has been posted, the principal must be
"forthwith" released from custody. Forthwith under the law means IMME-
DIATELY. However, DOC requires the actual physical 'cut slip' with an
embossed seal from the court before they release the principal. As a
result, a defendant can be held in Rikers or another jail facility for
sometimes over 48 hours even after bail has been posted. As a result,
NYC was sued and just recently settled a class action for anyone who was
held more than 3 hours after bail was posted (see below) awarding each
individual at least $3,500.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7047
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to release of a
principal from custody upon proof of posting bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 520.50 to read as follows:
3 § 520.50 Release from custody.
4 Upon proof that bail has been paid and accepted by the state of New
5 York, by means of cash bail, an insurance company bail bond, a secured
6 surety bond, a secured appearance bond, a partially secured surety bond,
7 a partially secured appearance bond, an unsecured surety bond, an unse-
8 cured appearance bond, or credit card or similar device, of the desig-
9 nated amount, the principal must be forthwith released from custody.
10 The court clerk shall send the release order electronically to the enti-
11 ty in whose custody the principal has been committed. The entity in
12 whose custody the principal has been committed shall accept an electron-
13 ic transmission of the release order sent by the court clerk. The
14 office of court administration shall promulgate rules and regulations to
15 ensure compliance with the electronic signatures and records act includ-
16 ing, but not limited to, the use of electronic signatures, records, and
17 seals.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11039-02-3
