STATE OF NEW YORK
________________________________________________________________________
6438--B
2019-2020 Regular Sessions
IN SENATE
June 11, 2019
___________
Introduced by Sens. GIANARIS, BAILEY, BENJAMIN, MYRIE, RAMOS, SALAZAR --
read twice and ordered printed, and when printed to be committed to
the Committee on Rules -- recommitted to the Committee on Judiciary in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the judiciary law, in relation to the reporting of
pretrial data by the chief administrator
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 216 of the judiciary law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. The chief administrator of the courts shall request and receive
4 data from every court where bail decisions are made and include all
5 points of data specified in this subdivision. Such courts shall track
6 and record such data in every case to provide quarterly reports, in the
7 aggregate, to the office of court administration in a form decided by
8 the office of court administration, and to the public, in accordance
9 with the provisions of this subdivision. The division of criminal
10 justice services shall collect from all counties data related to
11 pretrial detention and include related points of data specified in this
12 section. The office of court administration, in conjunction with the
13 division of criminal justice services, shall publish such data on the
14 office of court administration's public website no later than the first
15 of March annually. Such data shall include:
16 (a) the total number of cases in the system, both open and closed
17 cases, disaggregated by county;
18 (b) the number of individuals released on recognizance, disaggregated
19 by race, gender, county, top charge, and case outcome;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13240-05-0
S. 6438--B 2
1 (c) the number of individuals released on conditions, specifying the
2 number of people ordered to electronic monitoring, the number of cases
3 in which the order for electronic monitoring was extended beyond sixty
4 days and the median and mean length of time individuals spent on elec-
5 tronic monitoring, all disaggregated by race, gender, county, top
6 charge, and case outcome;
7 (d) the number of individuals released on each form of bail, including
8 the median and mean bail amounts ordered, disaggregated by race, gender,
9 county, top charge, and case outcome;
10 (e) the number of individuals committed to the custody of a sheriff
11 prior to trial either on bail or on remand, including the median and
12 mean length of pretrial detention and the median and mean bail amount of
13 persons committed to such custody, disaggregated by race, gender, coun-
14 ty, top charge, and case outcome;
15 (f) the number of individuals who post bail and the median and mean
16 length of time prior to bail payment, disaggregated by race, gender,
17 county, top charge, and case outcome;
18 (g) the number of cases resulting in each disposition, including
19 acquittals, dismissals, plea convictions, or trial convictions, disag-
20 gregated by race, gender, county, and top charge;
21 (h) the rates of failure to appear and rearrest, disaggregated by
22 county, top charge, and case outcome;
23 (i) the rates of modifications to securing orders, including the type
24 and extent of any modifications, disaggregated by race, gender, county,
25 top charge, and case outcome;
26 (j) the median and mean length of time it takes for a case to reach
27 disposition (the median and mean total time period between the filing of
28 an accusatory instrument (or first court appearance where an appearance
29 ticket has been filed) and the case disposition) disaggregated by county
30 and top charge;
31 (k) median and mean amount of fines imposed by the court at the dispo-
32 sition of the case, disaggregated by race, gender, county, and top
33 charge;
34 (l) total number of people who were incarcerated due to a failure to
35 pay a fine imposed; and
36 (m) any other such information deemed necessary and appropriate by the
37 office of court administration.
38 § 2. This act shall take effect immediately.