Bill > A06358

This bill restores judicial discretion in bail and pre-trial release decisions by introducing a mandatory risk and needs assessment process for defendants charged with offenses. The bill requires county pre-trial services agencies to conduct an objective, standardized assessment that analyzes risk factors related to community safety and likelihood of court appearance, while explicitly prohibiting assessments that discriminate based on race, national origin, sex, or socioeconomic status. Under the new provisions, courts must request and consider these risk assessments when determining whether a defendant should be released on their own recognizance, released under non-monetary conditions, set bail, or be committed to sheriff custody, but the assessment cannot be the sole determining factor in the decision. The bill applies to both felony and misdemeanor cases, giving judges more flexibility in evaluating pre-trial release conditions compared to previous bail reform laws. Importantly, the risk and needs assessment instrument must be approved by the chief administrative judge of the unified court system and developed using empirical data and risk analysis. The legislation aims to balance public safety concerns with individual defendants' rights by providing a more nuanced approach to pre-trial release decisions.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A6358