Bill > A03562

This bill introduces the "Justice for Rachael Act," which creates a comprehensive framework for pretrial detention hearings based on the potential dangerousness of a defendant. The bill allows prosecutors to request a pretrial detention hearing for defendants charged with specific serious offenses, including violent felonies, domestic violence crimes, repeat offenses, and crimes involving court order violations. During these hearings, a judge must determine whether the defendant can be safely released, considering factors such as the nature of the crime, the defendant's criminal history, family ties, employment record, and potential risk to community safety. If the judge finds that no conditions of release can reasonably ensure public safety, they can order the defendant's detention prior to trial, with strict limitations on detention duration (120 days in district court, 180 days in supreme court). The bill provides detailed procedures for these hearings, including the defendant's right to legal representation, the ability to present evidence, and a mechanism for reviewing detention decisions. Importantly, the bill emphasizes that detention orders do not modify the presumption of innocence and prohibits imposing financial conditions that would result in automatic detention. The act will take effect on November 1st following its passage and will apply to criminal cases where defendants are arraigned on or after that date.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A3562