How can we help you?

  • Contact us
  • 212-302-0201
  • 917-817-9001
Posted: July 28, 2019

New York State's Modifications to Its Bail and Pretrial Release Statutes

Hey, like this? Why not share it with a buddy?

New York State legislatively modified its pre-trial release procedures, effective January 1, 2020. Section 150.10 of the Criminal Procedure Law was amended to require the Court or a certified pretrial services agency to notify the defendant regarding his or her court appearance. Section 150.20 of the Criminal Procedure Law was amended to require a police officer to issue a Desk Appearance Ticket where one is otherwise authorized to a person unless the person has one or more outstanding criminal court warrants, the person has failed to appear in court within the last two years, the person has failed to provide their identity and contact information to the police officer, the person is charged with a crime between members of the same family or household, the person is charged with a sexual offense under Article 130 of the Penal Law, it reasonably appears that the person should be brought before the court for the issuance of an order of protection, the person is charged with an offense for which his or her driver’s license may be suspended, or the person is at risk of harm without immediate medical or mental health care. Section 150.80 is added to the Criminal Procedure Law requiring the local criminal court to notify the defendant of his or her criminal court appearance.

Section 500.10 of the Criminal Procedure Law was amended to add a definition for “Release Under Non-Monetary Conditions” which requires the least restrictive conditions that will reasonably assure the defendant’s return to court. These conditions can include a requirement that the defendant be in contact with the pretrial services agency, that the defendant abide by travel restrictions, refrain from possessing a firearm, destructive device or other dangerous weapon, that the defendant be placed on reasonable pretrial supervision, and/or be electronically monitored. Section 500.10 will also provide that the defendant will not be required to pay for the cost of being released on non-monetary conditions. Section 500.10 also adds definitions for “Qualifies for Electronic Monitoring,” and “Misdemeanor Crime of Domestic Violence.” These definitions are included in order to provide clarification for circumstances under which the new pretrial release conditions apply.

Section 510.10 of the Criminal Procedure Law is modified to create a presumption that the defendant should be released on his or her own recognizance. In order to overcome this presumption, the Court must make an individualized determination that the defendant poses a risk of flight to avoid prosecution. If the Court makes such an individualized determination, it must select the least restrictive conditions that will reasonably assure the defendant’s return to court. Subsections (3) and (4) of Section 510.10 clarify the circumstances when the presumption of release applies and when it does not. Subsection (5) of Section 510.10 permits the Court, upon request of the defendant, to set nominal bail, as is often done in New York City, for the purpose or receiving jail time credit on the case when the defendant is otherwise in custody on another matter.

Section 510.20 was amended to clarify the procedures by which bail is set, the defendant’s right to counsel during the bail hearing, and to include non-monetary conditions as an aspect of analysis during the proceeding. Section 510.30 was amended to make clear that the least restrictive measures should be applied when setting release conditions and, when monetary bail is authorized, to account for the defendant’s financial circumstances and the hardship that monetary bail would impose. Section 510.40 was extensively revamped to provide for written court notification to the defendant regarding his or her conditions of release and the circumstances under which the conditions of release can be modified.

Section 510.43 of the Criminal Procedure Law is added to require the pretrial services agency to notify defendants released under non-monetary conditions or recognizance of their court appearances by text message, telephone call, electronic mail, or first-class mail. Section 510.45 of the Criminal Procedure Law is added to provide for the certification of pretrial services agencies in each county to monitor released defendants and to provide for information to be provided to the pretrial services agencies by the defendants to assist in the pretrial services agencies’ duties.
Section 510.50 of the Criminal Procedure Law was amended to modify the procedures by the Court will issue a bench warrant, except in cases where the defendant fails to appear because he or she has been rearrested or where the circumstances indicate that the defendant has willfully failed to return to court.

Section 530.20 of the Criminal Procedure Law was substantially amended to describe in detail the changes made to Article 510 of the Criminal Procedure Law and to describe the presumptions and legal standards by which the order securing the defendant’s release will be set depending upon the circumstances of the defendant’s case. Section 530.20(1)(d), like subsection 510.10(5), also provides for the opportunity for the defendant to request nominal bail, should the circumstances warrant. Likewise, Section 530.30 of the Criminal Procedure Law was modified to account for the substantial changes provided for in the new Article 510.

Section 530.40 of the Criminal Procedure Law was substantially modified to account for the changes described above in Article 510 and provide for nominal bail to be set when the defendant so requests. The changes to Section 530.40 mirror the changes provided for in Sections 510.10 and 530.20. Section 530.60(2)(b) of the Criminal Procedure Law was modified to provide for circumstances under which the Court may revoke the securing order and fix bail.

If you would like more information regarding New York State’s modification to its bail and pretrial release statutes, you can call me at 917-817-9001 or e-mail me at scott@fenstermakerlaw.com. This blog posting is not designed to provide you or anyone else with legal advice. If you would like legal advice, please contact me or your attorney.

SUBSCRIBE TO THIS BLOG

Categories