Bill > S00236

This bill amends the New York criminal procedure law to require courts to make an individualized determination about whether a defendant poses a current physical threat to any person or to public safety when setting bail. Specifically, the bill modifies the existing law by explicitly requiring judges to assess two distinct but related factors: (1) whether the defendant presents a current physical danger to crime victims, specific individuals, or the broader community, and (2) the defendant's risk of fleeing to avoid prosecution. When making these determinations, courts must consider available information about the defendant and explain the basis for their bail decision on the record or in writing. This change aims to provide a more nuanced and safety-focused approach to bail determinations, ensuring that judges carefully evaluate potential risks to public safety alongside the traditional concern of ensuring a defendant's future court appearance. The bill would take effect immediately upon becoming law, allowing courts to implement these new considerations in bail hearings right away.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S236