Allows for courts to detain principals before trial where the principal: poses a risk of flight, has a record of missing mandated court appearances, is a danger to himself, herself and/or another person, and/or has been previously convicted of a crime or has engaged in activities which the court determines requires the principal not be released pending trial on the principal's own recognizance.
STATE OF NEW YORK
________________________________________________________________________
9051
IN ASSEMBLY
January 10, 2020
___________
Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. ASHBY,
BYRNES, DeSTEFANO, DiPIETRO, GRIFFIN, JONES, MANKTELOW, MONTESANO,
PALUMBO, RA, REILLY, STERN, TAGUE, THIELE, WALCZYK -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to detaining
principals before trial
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 510.10 of the criminal procedure
2 law, as amended by section 2 of part JJJ of chapter 59 of the laws of
3 2019, is amended to read as follows:
4 1. When a principal, whose future court attendance at a criminal
5 action or proceeding is or may be required, comes under the control of a
6 court, such court shall, in accordance with this title, by a securing
7 order release the principal on the principal's own recognizance, release
8 the principal under non-monetary conditions, or, where authorized, fix
9 bail or commit the principal to the custody of the sheriff. In all such
10 cases, except where another type of securing order is shown to be
11 required by law, the court shall release the principal pending trial on
12 the principal's own recognizance, unless it is demonstrated and the
13 court makes an individualized determination that the principal; (a)
14 poses a risk of flight to avoid prosecution; (b) has a record of missing
15 mandated court appearances; (c) is a danger to himself, herself and/or
16 another person; and/or (d) has been previously convicted of a crime or
17 has engaged in activities which the court determines requires the prin-
18 cipal not be released pending trial on the principal's own recognizance.
19 If such a finding is made, the court [must] shall select the least
20 restrictive alternative and condition or conditions that will reasonably
21 assure the principal's return to court and, at future court appearances
22 upon hearing from the principal and the people, the court shall consider
23 a lessening of conditions or modification of conditions. The court
24 shall explain its choice of release, release with conditions, bail or
25 remand on the record [or in writing].
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14630-01-0
