Bill > A07726

This bill amends the New York Criminal Procedure Law to establish a new mandatory rehearing process for individuals in custody after five days, requiring the court to review the securing order (bail or detention) with significant procedural protections. Specifically, the bill mandates that after five days in custody, a principal must be brought before the court for a hearing where the prosecution must prove by clear and convincing evidence that the individual poses a significant flight risk and that no combination of conditions can reasonably ensure their court appearance. If the prosecution fails to meet this burden, the court must release the principal on their own recognizance or under non-monetary conditions. The bill also provides extensive due process protections, including the right to counsel, the ability to present witnesses and evidence, and a comprehensive pre-hearing discovery requirement that compels prosecutors to disclose all relevant documents, statements, and evidence related to the detention request. Additionally, the bill modifies existing law to require courts to consider factors like the time elapsed since prior criminal conduct and the individual's age when evaluating their criminal history, and expands anti-discrimination provisions to cover more protected classes in the implementation of pretrial risk assessment tools.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7726