The Mayor’s Office of Criminal Justice (“MOCJ”) currently contracts with a service provider to provide courts in most criminal court arraignments with basic information about criminal defendants such as contact information, as well as a recommendation as to whether the defendant is a risk of flight and should be released without bail. This bill would require that any organization providing such services must include an evaluation of the amount of bail a defendant has the capacity to post, including recommendations regarding for certain forms of bonds where appropriate.
- Filed (End of Session)
History
Proposed Int. No. 1373-A
By Council Members Lancman, Crowley and Dromm
A Local Law to amend the administrative code of the city of New York, in relation to requiring certain types of bail recommendations
Be it enacted by the Council as follows:
Section 1. Title 9 of the administrative code of the city of New York is amended by adding a new chapter 3 to read as follows:
CHAPTER 3
OFFICE OF CRIMINAL JUSTICE
§ 9-301 Definitions.
As used in this chapter, the following terms have the following meetings:
“Arraignment screening organization.” The term “arraignment screening organization” means any organization that interviews defendants prior to being arraigned in criminal court and issues any report to a court regarding information procured in such interview.
“Office.” The term “office” means the office of criminal justice as defined in section 13 of the charter.
§ 9-302 Bail evaluations.
The office shall ensure that any arraignment screening organization evaluates the amount of bail or bond each defendant has the financial capacity to post, including but not limited to the amount such defendant has the capacity to post as part of a partially secured bond, as defined in section 520.10 of the criminal procedure law or any successor statute, where appropriate. Where such evaluation includes an amount such defendant has the capacity to post as part of an insurance company bond, such evaluation shall consider the minimum value of a bond that commercial bail bonds companies customarily accept. Such evaluation shall only be provided routinely to such defendant’s attorney prior to such defendant’s arraignment. Nothing in this statute shall be construed to effect the arraignment screening organization’s ability to recommend a defendants’ release on their own recognizance.
§ 2. This local law takes effect 90 days after it becomes law.
BC
LS # 8903
1/9/16