Recent Changes to Bail Reform
In April 2020, changes were made to the bail laws in New York. These changes take effect July 2, 2020.
It is now codified under Section 500.10(3-a) of the Criminal Procedure Law that an individual is not required to pay for any part of the cost of his or her release on non-monetary conditions.
In addition, there has been an expansion of non-monetary conditions of release under Section 500.10(3-a) of the Criminal Procedure Law. These conditions include but are not limited to that the individual refrain from associating with certain persons connected to the instant charge; that the individual be referred to a pre-trial services agency for placement in mandatory programming, including counseling, treatment and intimate violence intervention programs; and that the individual make diligent efforts to maintain employment, housing, or enrollment in school or educational programming.
The legislation also expands the list of qualifying expenses. When an individual stands charged with a qualifying offense, a Judge can fix bail or commit the individual to the custody of the sheriff. Crimes now considered qualifying offenses include:
Aggravated Assault upon a Person less than eleven years old as defined in Section 120.12 of the Penal Law;
Aggravated Vehicular Assault as defined in Section 120.04-a of the Penal Law;
Arson in the third degree as defined in Section 150.10, if charged as a hate crime;
Assault in the third degree as defined in Section 120.00 of the Penal Law, if charged as a hate crime;
Criminal Obstruction of Breathing or Blood Circulation as defined in Section 1
21.11 of the Penal Law, if committed against a member of the defendant’s same family or household;
Criminal Possession of a Weapon on School Grounds as defined in Section 265.01-a of the Penal Law;
Endangering the Welfare of a Child as defined in Section 260.10(1) of the Penal Law, where the defendant is required to maintain registration under Article 6-C of the Correction Law and designated as a level three offender;
Enterprise Corruption as defined in Section 460.20 of the Penal Law;
Failure to Register as a Sex Offender as defined in Section 168-t of the Correction Law, where the defendant is required to maintain registration under Article 6-C of the Correction Law and designated as a level three offender;
Grand Larceny in the first degree as defined in Section 155.42 of the Penal Law;
Money Laundering the first degree as defined in Section 470.20 of the Penal Law;
Money Laundering in Support of Terrorism in the third and fourth degrees as defined in Section 470.22 and 470.21, respectively, of the Penal Law;
Promoting an Obscene Sexual Performance by a Child as defined in Section 263.10 of the Penal Law;
Promoting a Sexual Performance by a Child as defined in Section 263.15 of the Penal Law;
Sex trafficking offenses as defined in Section 230.34 or 230.34-a of the Penal Law;
Strangulation in the second degree as defined in Section 121.12 of the Penal Law, if committed against a member of the defendant’s same family or household;
Unlawful Imprisonment in the first degree as defined in Section 135.10 of the Penal Law, if committed against a member of the defendant’s same family or household;
Vehicular Assault in the first degree as defined in Section 120.04 of the Penal Law.
In addition, any crime that is alleged to have caused the death of another is now a qualifying offense.
Any a crime involving bail jumping under Section 215.55, 215.56 or 215.57 of the Penal Law, or a crime involving escaping from custody under section 205.05, 205.10 or 205.15 of the Penal Law is now a qualifying offense.
Any felony offense committed by an individual while serving a sentence of probation or while released to post release supervision is now a qualifying offense.
A felony where the individual qualifies for sentencing on such charge as a persistent felony offender pursuant to Section 70.10 of the Penal Law is now a qualifying offense.
Lastly, any felony or class A misdemeanor involving harm to an identifiable person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions for a separate felony or class A misdemeanor involving harm to an identifiable person or property is now a qualifying offense. However, the prosecutor must show reasonable cause to believe that the individual committed the instant crime and any underlying crime.