Bill > A05984

This bill amends the Criminal Procedure Law to require a rehearing after five days in custody for certain principals. The bill allows a principal who is in custody after bail has been set or they have been remanded to the custody of the sheriff to request a hearing where the prosecution must establish by clear and convincing evidence that the principal poses a significant risk of intentional flight and that no conditions can reasonably assure their return to court. If the prosecution fails to meet this burden, the court must release the principal on their own recognizance or on non-monetary conditions. The bill also amends the law to require the court to consider the time elapsed and the age of the principal at the time of any prior criminal convictions, juvenile delinquency findings, or youthful offender adjudications when making bail determinations. Finally, the bill requires that any risk assessment tool used be designed and implemented in a way that ensures it is free from discrimination and disparate impacts.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2021/A5984