Bill > S05667

This bill eliminates bail for all offenses and replaces it with a system of securing orders that can include releasing a defendant on their own recognizance, imposing non-monetary conditions, or committing the defendant to the custody of the sheriff. The bill directs courts to make individualized determinations about a defendant's potential risk to themselves, others, or the community when deciding on a securing order, considering factors such as the defendant's character, reputation, criminal history, mental condition, and prior court compliance. A key provision is the creation of a new Commission on Public Safety Reform, which will be tasked with conducting a comprehensive study to determine which specific crimes should be eligible for pretrial detention. The commission will be composed of 15 members appointed by the governor, representing various stakeholders in the criminal justice system, and will be required to draft a model risk analysis tool for judges to use when considering whether to remand an individual. The commission must hold public hearings and submit draft and final reports within specified timeframes, ultimately providing recommendations on which crimes should be eligible for pretrial detention. The bill represents a significant overhaul of New York's pretrial release system, aiming to balance public safety concerns with defendants' rights.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5667