Bill > S00857

This bill restores judicial discretion in bail and pre-trial release decisions by requiring courts to request and consider a risk and needs assessment for defendants, while explicitly stating that such assessments are not the sole determinative factor in deciding release conditions. The bill introduces a new definition for "risk and needs assessment" as an objective, standardized instrument approved by the chief administrative judge, which must be developed using empirical data and cannot be discriminatory based on race, national origin, sex, or socioeconomic status. For both felony and non-felony cases, courts must now request a pre-trial services agency to conduct a risk assessment when considering a defendant's release. The assessment will help inform the court's decision on whether to release the defendant on their own recognizance, under non-monetary conditions, set bail, or commit the defendant to sheriff's custody. Importantly, the bill maintains the court's requirement to explain its decision on the record or in writing, ensuring transparency in the decision-making process. The changes aim to provide more individualized and nuanced approaches to pre-trial release while preserving judicial discretion and promoting fair, data-driven assessments of a defendant's potential risk.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S857