S 857: Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 857 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GALLIVAN, BORRELLO, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to bail reform; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 500.10 of the criminal procedure law is amended by 2 adding a new subdivision 23 to read as follows: 3 23. "Risk and needs assessment" means a risk and needs assessment 4 instrument, approved by the chief administrative judge of the unified 5 court system. Such approved assessment instrument shall be objective, 6 standardized and developed based on analysis of empirical data and risk 7 factors relevant to the principal's danger to the community and risk of 8 failure of a principal to appear. Such approved assessment instrument 9 shall not be discriminatory based on race, national origin, sex, any 10 other protected class or socioeconomic status. 11 § 2. Section 510.10 of the criminal procedure law, as amended by 12 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening 13 paragraph as added by, the opening paragraph of subdivision 1, subdivi- 14 sion 3, and the opening paragraph of subdivision 4, as amended by 15 section 2 of subpart A of part VV of chapter 56 of the laws of 2023, 16 subdivision 1 as amended by section 1 of subpart C of part UU of chapter 17 56 of the laws of 2022, subdivision 4 as amended by section 2 of part UU 18 of chapter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision 19 4 as amended and paragraph (u) of subdivision 4 as added by section 2 of 20 subpart B of part UU of chapter 56 of the laws of 2022, is amended to 21 read as follows: 22 § 510.10 Securing order; when required; alternatives available; standard 23 to be applied. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02583-01-5 
 S. 857 2 1 The imposition of a specific type of securing order is in some cases 2 required by law and in other cases within the discretion of the court in 3 accordance with the principles of, and pursuant to its authority granted 4 under, this title. 5 1. When a principal, whose future court attendance at a criminal 6 action or proceeding is or may be required, comes under the control of a 7 court, such court shall impose a securing order [in accordance with this 8 title] request of the applicable county pre-trial services agency that a 9 risk and needs assessment be conducted on the eligible principal and 10 such court shall take into account the risk and needs assessment, but 11 such assessment shall not be the sole determinative factor, for the 12 purpose of determining whether such principal should be released. 13 Except as otherwise required by law, the court shall [make an individ- 14 ualized determination as to] determine whether the principal is a danger 15 to the community or poses a risk of flight to avoid prosecution, consid- 16 er the kind and degree of control or restriction necessary to reasonably 17 assure the principal's return to court, and select a securing order 18 consistent with its determination under this subdivision. The court 19 shall explain the basis for its determination and its choice of securing 20 order on the record or in writing. In making a determination under this 21 subdivision, the court must consider and take into account available 22 information about the principal, including: 23 (a) The principal's activities and history; 24 (b) If the principal is a defendant, the charges facing the principal; 25 (c) The principal's criminal conviction record if any; 26 (d) The principal's record of previous adjudication as a juvenile 27 delinquent, as retained pursuant to section 354.1 of the family court 28 act, or, of pending cases where fingerprints are retained pursuant to 29 section 306.1 of such act, or a youthful offender, if any; 30 (e) The principal's previous record with respect to flight to avoid 31 criminal prosecution; 32 (f) If monetary bail is authorized, according to the restrictions set 33 forth in this title, the principal's individual financial circumstances, 34 and, in cases where bail is authorized, the principal's ability to post 35 bail without posing undue hardship, as well as [his or her] such princi- 36 pal's ability to obtain a secured, unsecured, or partially secured bond; 37 (g) Any violation by the principal of an order of protection issued by 38 any court; 39 (h) The principal's history of use or possession of a firearm; 40 (i) Whether the charge is alleged to have caused serious harm to an 41 individual or group of individuals; and 42 (j) If the principal is a defendant, in the case of an application for 43 a securing order pending appeal, the merit or lack of merit of the 44 appeal. 45 2. A principal is entitled to representation by counsel under this 46 chapter in preparing an application for release, when a securing order 47 is being considered and when a securing order is being reviewed for 48 modification, revocation or termination. If the principal is financially 49 unable to obtain counsel, counsel shall be assigned to the principal. 50 3. [In cases other than as described in subdivision four of this 51 section, the court shall release the principal pending trial on the 52 principal's own recognizance, unless the court finds on the record or in 53 writing that release on the principal's own recognizance will not 54 reasonably assure the principal's return to court. In such instances, 55 the court shall release the principal under non-monetary conditions as 56 provided for in subdivision three-a of section 500.10 of this title that 
 S. 857 3 1 will reasonably assure the principal's return to court. The court shall 2 explain its choice of securing order on the record or in writing. 3 4. Where the principal stands charged with a qualifying offense, the 4 court, unless otherwise prohibited by law, may in its discretion release 5 the principal pending trial on the principal's own recognizance or under 6 non-monetary conditions, fix bail, or order non-monetary conditions in 7 conjunction with fixing bail, or, where the defendant is charged with a 8 qualifying offense which is a felony, the court may commit the principal 9 to the custody of the sheriff. A principal stands charged with a quali- 10 fying offense for the purposes of this subdivision when he or she stands 11 charged with: 12 (a) a felony enumerated in section 70.02 of the penal law, other than 13 robbery in the second degree as defined in subdivision one of section 14 160.10 of the penal law, provided, however, that burglary in the second 15 degree as defined in subdivision two of section 140.25 of the penal law 16 shall be a qualifying offense only where the defendant is charged with 17 entering the living area of the dwelling; 18 (b) a crime involving witness intimidation under section 215.15 of the 19 penal law; 20 (c) a crime involving witness tampering under section 215.11, 215.12 21 or 215.13 of the penal law; 22 (d) a class A felony defined in the penal law, provided that for class 23 A felonies under article two hundred twenty of the penal law, only class 24 A-I felonies shall be a qualifying offense; 25 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 26 the penal law, or a felony sex offense defined in section 70.80 of the 27 penal law, or a crime involving incest as defined in section 255.25, 28 255.26 or 255.27 of such law, or a misdemeanor defined in article one 29 hundred thirty of such law; 30 (f) conspiracy in the second degree as defined in section 105.15 of 31 the penal law, where the underlying allegation of such charge is that 32 the defendant conspired to commit a class A felony defined in article 33 one hundred twenty-five of the penal law; 34 (g) money laundering in support of terrorism in the first degree as 35 defined in section 470.24 of the penal law; money laundering in support 36 of terrorism in the second degree as defined in section 470.23 of the 37 penal law; money laundering in support of terrorism in the third degree 38 as defined in section 470.22 of the penal law; money laundering in 39 support of terrorism in the fourth degree as defined in section 470.21 40 of the penal law; or a felony crime of terrorism as defined in article 41 four hundred ninety of the penal law, other than the crime defined in 42 section 490.20 of such law; 43 (h) criminal contempt in the second degree as defined in subdivision 44 three of section 215.50 of the penal law, criminal contempt in the first 45 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 46 the penal law or aggravated criminal contempt as defined in section 47 215.52 of the penal law, and the underlying allegation of such charge of 48 criminal contempt in the second degree, criminal contempt in the first 49 degree or aggravated criminal contempt is that the defendant violated a 50 duly served order of protection where the protected party is a member of 51 the defendant's same family or household as defined in subdivision one 52 of section 530.11 of this title; 53 (i) facilitating a sexual performance by a child with a controlled 54 substance or alcohol as defined in section 263.30 of the penal law, use 55 of a child in a sexual performance as defined in section 263.05 of the 56 penal law or luring a child as defined in subdivision one of section 
 S. 857 4 1 120.70 of the penal law, promoting an obscene sexual performance by a 2 child as defined in section 263.10 of the penal law or promoting a sexu- 3 al performance by a child as defined in section 263.15 of the penal law; 4 (j) any crime that is alleged to have caused the death of another 5 person; 6 (k) criminal obstruction of breathing or blood circulation as defined 7 in section 121.11 of the penal law, strangulation in the second degree 8 as defined in section 121.12 of the penal law or unlawful imprisonment 9 in the first degree as defined in section 135.10 of the penal law, and 10 is alleged to have committed the offense against a member of the defend- 11 ant's same family or household as defined in subdivision one of section 12 530.11 of this title; 13 (l) aggravated vehicular assault as defined in section 120.04-a of the 14 penal law or vehicular assault in the first degree as defined in section 15 120.04 of the penal law; 16 (m) assault in the third degree as defined in section 120.00 of the 17 penal law or arson in the third degree as defined in section 150.10 of 18 the penal law, when such crime is charged as a hate crime as defined in 19 section 485.05 of the penal law; 20 (n) aggravated assault upon a person less than eleven years old as 21 defined in section 120.12 of the penal law or criminal possession of a 22 weapon on school grounds as defined in section 265.01-a of the penal 23 law; 24 (o) grand larceny in the first degree as defined in section 155.42 of 25 the penal law, enterprise corruption as defined in section 460.20 of the 26 penal law, or money laundering in the first degree as defined in section 27 470.20 of the penal law; 28 (p) failure to register as a sex offender pursuant to section one 29 hundred sixty-eight-t of the correction law or endangering the welfare 30 of a child as defined in subdivision one of section 260.10 of the penal 31 law, where the defendant is required to maintain registration under 32 article six-C of the correction law and designated a level three offen- 33 der pursuant to subdivision six of section one hundred sixty-eight-l of 34 the correction law; 35 (q) a crime involving bail jumping under section 215.55, 215.56 or 36 215.57 of the penal law, or a crime involving escaping from custody 37 under section 205.05, 205.10 or 205.15 of the penal law; 38 (r) any felony offense committed by the principal while serving a 39 sentence of probation or while released to post release supervision; 40 (s) a felony, where the defendant qualifies for sentencing on such 41 charge as a persistent felony offender pursuant to section 70.10 of the 42 penal law; 43 (t) any felony or class A misdemeanor involving harm to an identifi- 44 able person or property, or any charge of criminal possession of a 45 firearm as defined in section 265.01-b of the penal law, where such 46 charge arose from conduct occurring while the defendant was released on 47 his or her own recognizance, released under conditions, or had yet to be 48 arraigned after the issuance of a desk appearance ticket for a separate 49 felony or class A misdemeanor involving harm to an identifiable person 50 or property, or any charge of criminal possession of a firearm as 51 defined in section 265.01-b of the penal law, provided, however, that 52 the prosecutor must show reasonable cause to believe that the defendant 53 committed the instant crime and any underlying crime. For the purposes 54 of this subparagraph, any of the underlying crimes need not be a quali- 55 fying offense as defined in this subdivision. For the purposes of this 56 paragraph, "harm to an identifiable person or property" shall include 
 S. 857 5 1 but not be limited to theft of or damage to property. However, based 2 upon a review of the facts alleged in the accusatory instrument, if the 3 court determines that such theft is negligible and does not appear to be 4 in furtherance of other criminal activity, the principal shall be 5 released on his or her own recognizance or under appropriate non-mone- 6 tary conditions; or 7 (u) criminal possession of a weapon in the third degree as defined in 8 subdivision three of section 265.02 of the penal law or criminal sale of 9 a firearm to a minor as defined in section 265.16 of the penal law. 10 5. Notwithstanding the provisions of subdivisions three and four of 11 this section, with] With respect to any charge for which bail or remand 12 is not ordered, and for which the court would not [or could not] other- 13 wise require bail or remand, a defendant may, at any time, request that 14 the court set bail in a nominal amount requested by the defendant in the 15 form specified in paragraph (a) of subdivision one of section 520.10 of 16 this title; if the court is satisfied that the request is voluntary, the 17 court shall set such bail in such amount. 18 [6.] 4. When a securing order is revoked or otherwise terminated in 19 the course of an uncompleted action or proceeding but the principal's 20 future court attendance still is or may be required and the principal is 21 still under the control of a court, a new securing order must be issued. 22 When the court revokes or otherwise terminates a securing order which 23 committed the principal to the custody of the sheriff, the court shall 24 give written notification to the sheriff of such revocation or termi- 25 nation of the securing order. 26 § 3. Subdivision 1 of section 510.20 of the criminal procedure law, as 27 amended by section 3 of subpart A of part VV of chapter 56 of the laws 28 of 2023, is amended to read as follows: 29 1. Upon any occasion when a court has issued a securing order with 30 respect to a principal and the principal is confined in the custody of 31 the sheriff as a result of the securing order or a previously issued 32 securing order, the principal may make an application for recognizance, 33 release under non-monetary conditions, bail, a reduction of bail, or 34 imposition of non-monetary conditions in conjunction with bail or a 35 reduction of bail. Any such decision by the court for a change in a 36 securing order with respect to a principal shall take into account the 37 risk and needs assessment conducted by the applicable county pre-trial 38 services agency, but such assessment shall not be the sole determinative 39 factor. 40 § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as 41 amended by section 4 of subpart A of part VV of chapter 56 of the laws 42 of 2023, is amended to read as follows: 43 1. With respect to any principal, the court in all cases, unless 44 otherwise provided by law, must impose a securing order in accordance 45 with section 510.10 of this article, and shall, in addition to taking 46 into account the risk and needs assessment conducted by the applicable 47 county pre-trial services agency, explain the basis for its determi- 48 nation and choice of securing order on the record or in writing. 49 § 5. Paragraph (a) of subdivision 3 of section 510.45 of the criminal 50 procedure law, as added by section 8 of part JJJ of chapter 59 of the 51 laws of 2019, is amended to read as follows: 52 [(a) Any questionnaire, instrument or tool] The risk and needs assess- 53 ment instrument used with a principal in the process of considering or 54 determining the principal's possible release on recognizance, release 55 under non-monetary conditions or on bail, or used with a principal in 56 the process of considering or determining a condition or conditions of 
 S. 857 6 1 release or monitoring by a pretrial services agency, shall be promptly 2 made available to the principal and the principal's counsel upon [writ- 3 ten] request. [Any such blank form questionnaire, instrument or tool] 4 Any such blank risk and needs assessment instrument regularly used in 5 the county for such purpose or a related purpose shall be made available 6 to any person promptly upon written request. 7 § 6. Paragraph (b) of subdivision 3 of section 510.45 of the criminal 8 procedure law is REPEALED. 9 § 7. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 10 procedure law, as amended by section 6 of subpart A of part VV of chap- 11 ter 56 of the laws of 2023, is amended to read as follows: 12 (a) [In cases other than as described in paragraph (b) of this subdi- 13 vision,] When the principal is charged with an offense or offenses of 14 less than felony grade only the court shall [release the] request of the 15 applicable county pre-trial services agency a risk and needs assessment 16 be conducted on the eligible principal and the court shall take into 17 account the risk and needs assessment, but such assessment shall not be 18 the sole determinative factor, for the purpose of determining whether 19 such principal should be released pending trial on the principal's own 20 recognizance or release the principal pending trial under non-monetary 21 conditions, or where authorized, fix bail or commit the principal to the 22 custody of the sheriff, the determination for which shall be made in 23 accordance with subdivision one of section 510.10 of this title. The 24 court shall explain the basis for its determination and choice of secur- 25 ing order, release, release with conditions, bail or remand on the 26 record or in writing. 27 § 8. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 28 procedure law is REPEALED. 29 § 9. Paragraph (d) of subdivision 1 of section 530.20 of the criminal 30 procedure law, as added by section 16 of part JJJ of chapter 59 of the 31 laws of 2019, is relettered paragraph (b) and amended to read as 32 follows: 33 (b) [Notwithstanding the provisions of paragraphs (a) and (b) of this 34 subdivision, with] With respect to any charge for which bail or remand 35 is not ordered, and for which the court would not [or could not] other- 36 wise require bail or remand, a defendant may, at any time, request that 37 the court set bail in a nominal amount requested by the defendant in the 38 form specified in paragraph (a) of subdivision one of section 520.10 of 39 this title; if the court is satisfied that the request is voluntary, the 40 court shall set such bail in such amount. 41 § 10. The opening paragraph of subdivision 2 of section 530.20 of the 42 criminal procedure law, as amended by section 6 of subpart A part VV of 43 chapter 56 of the laws of 2023, is amended to read as follows: 44 When the defendant is charged, by felony complaint, with a felony, the 45 court [may, in its discretion, and] in accordance with section 510.10 of 46 this title, [order] shall, request of the applicable county pre-trial 47 services agency a risk and needs assessment be conducted on the eligible 48 defendant and the court shall take into account the risk and needs 49 assessment, but such assessment shall not be the sole determinative 50 factor, for the purpose of determining whether such defendant should be 51 released on the defendant's own recognizance, [release] released under 52 non-monetary conditions, or, where authorized, fix bail, or order non- 53 monetary conditions in conjunction with fixing bail, or commit the 54 defendant to the custody of the sheriff except as otherwise provided in 55 [subdivision one of this section or] this subdivision: 
 S. 857 7 1 § 11. Section 530.40 of the criminal procedure law, as amended by 2 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision 3 3 and the opening paragraph of subdivision 4 as amended by section 8 of 4 subpart A of part VV of chapter 56 of the laws of 2023, and subdivision 5 4 as amended by section 4 of part UU of chapter 56 of the laws of 2020, 6 paragraphs (s) and (t) of subdivision 4 as amended and paragraph (u) of 7 subdivision 4 as added by section 4 of subpart B of part UU of chapter 8 56 of the laws of 2022, is amended to read as follows: 9 § 530.40 Order of recognizance, release under non-monetary conditions or 10 bail; by superior court when action is pending therein. 11 When a criminal action is pending in a superior court, such court, 12 upon application of a defendant, must or may order recognizance or bail 13 as follows: 14 1. When the defendant is charged with an offense or offenses of less 15 than felony grade only, the court must, request of the applicable county 16 pre-trial services agency a risk and needs assessment be conducted on 17 the eligible defendant and the court shall take into account the risk 18 and needs assessment, but such assessment shall not be the sole determi- 19 native factor, for the purpose of determining whether such defendant, 20 unless otherwise provided by law, should be released on an order of 21 recognizance or bail or release under non-monetary conditions [in 22 accordance with this section] or commit the defendant to the custody of 23 the sheriff. 24 2. When the defendant is charged with a felony, the court [may, unless 25 otherwise provided by law in its discretion, order] shall request of 26 the applicable county pre-trial services agency a risk and needs assess- 27 ment be conducted on the eligible defendant and the court shall take 28 into account the risk and needs assessment, but such assessment shall 29 not be the sole determinative factor, for the purpose of determining 30 whether such defendant should be released on the defendant's own recog- 31 nizance, [release] released under non-monetary conditions or, where 32 authorized, bail or commit the defendant to the custody of the sheriff. 33 In any such case in which an indictment (a) has resulted from an order 34 of a local criminal court holding the defendant for the action of the 35 grand jury, or (b) was filed at a time when a felony complaint charging 36 the same conduct was pending in a local criminal court, and in which 37 such local criminal court or a superior court judge has issued an order 38 of recognizance, release under non-monetary conditions or, where author- 39 ized, bail which is still effective, the superior court's order may be 40 in the form of a direction continuing the effectiveness of the previous 41 order. 42 3. [In cases other than as described in subdivision four of this 43 section the court shall release the principal pending trial on the prin- 44 cipal's own recognizance or release the principal pending trial under 45 non-monetary conditions, the determination for which shall be made in 46 accordance with section 510.10 of this title. The court shall explain 47 the basis for its determination and choice of securing order on the 48 record or in writing. 49 4. Where the principal stands charged with a qualifying offense, the 50 court, unless otherwise prohibited by law, may in its discretion, and in 51 accordance with section 510.10 of this title, release the principal 52 pending trial on the principal's own recognizance or under non-monetary 53 conditions, fix bail, or order non-monetary conditions in conjunction 54 with fixing bail, or, where the defendant is charged with a qualifying 55 offense which is a felony, the court may commit the principal to the 56 custody of the sheriff. The court shall explain the basis for its deter- 
 S. 857 8 1 mination and its choice of securing order on the record or in writing. A 2 principal stands charged with a qualifying offense for the purposes of 3 this subdivision when he or she stands charged with: 4 (a) a felony enumerated in section 70.02 of the penal law, other than 5 robbery in the second degree as defined in subdivision one of section 6 160.10 of the penal law, provided, however, that burglary in the second 7 degree as defined in subdivision two of section 140.25 of the penal law 8 shall be a qualifying offense only where the defendant is charged with 9 entering the living area of the dwelling; 10 (b) a crime involving witness intimidation under section 215.15 of the 11 penal law; 12 (c) a crime involving witness tampering under section 215.11, 215.12 13 or 215.13 of the penal law; 14 (d) a class A felony defined in the penal law, provided that for class 15 A felonies under article two hundred twenty of such law, only class A-I 16 felonies shall be a qualifying offense; 17 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 18 the penal law, or a felony sex offense defined in section 70.80 of the 19 penal law or a crime involving incest as defined in section 255.25, 20 255.26 or 255.27 of such law, or a misdemeanor defined in article one 21 hundred thirty of such law; 22 (f) conspiracy in the second degree as defined in section 105.15 of 23 the penal law, where the underlying allegation of such charge is that 24 the defendant conspired to commit a class A felony defined in article 25 one hundred twenty-five of the penal law; 26 (g) money laundering in support of terrorism in the first degree as 27 defined in section 470.24 of the penal law; money laundering in support 28 of terrorism in the second degree as defined in section 470.23 of the 29 penal law; money laundering in support of terrorism in the third degree 30 as defined in section 470.22 of the penal law; money laundering in 31 support of terrorism in the fourth degree as defined in section 470.21 32 of the penal law; or a felony crime of terrorism as defined in article 33 four hundred ninety of the penal law, other than the crime defined in 34 section 490.20 of such law; 35 (h) criminal contempt in the second degree as defined in subdivision 36 three of section 215.50 of the penal law, criminal contempt in the first 37 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 38 the penal law or aggravated criminal contempt as defined in section 39 215.52 of the penal law, and the underlying allegation of such charge of 40 criminal contempt in the second degree, criminal contempt in the first 41 degree or aggravated criminal contempt is that the defendant violated a 42 duly served order of protection where the protected party is a member of 43 the defendant's same family or household as defined in subdivision one 44 of section 530.11 of this article; 45 (i) facilitating a sexual performance by a child with a controlled 46 substance or alcohol as defined in section 263.30 of the penal law, use 47 of a child in a sexual performance as defined in section 263.05 of the 48 penal law or luring a child as defined in subdivision one of section 49 120.70 of the penal law, promoting an obscene sexual performance by a 50 child as defined in section 263.10 of the penal law or promoting a sexu- 51 al performance by a child as defined in section 263.15 of the penal law; 52 (j) any crime that is alleged to have caused the death of another 53 person; 54 (k) criminal obstruction of breathing or blood circulation as defined 55 in section 121.11 of the penal law, strangulation in the second degree 56 as defined in section 121.12 of the penal law or unlawful imprisonment 
 S. 857 9 1 in the first degree as defined in section 135.10 of the penal law, and 2 is alleged to have committed the offense against a member of the defend- 3 ant's same family or household as defined in subdivision one of section 4 530.11 of this article; 5 (l) aggravated vehicular assault as defined in section 120.04-a of the 6 penal law or vehicular assault in the first degree as defined in section 7 120.04 of the penal law; 8 (m) assault in the third degree as defined in section 120.00 of the 9 penal law or arson in the third degree as defined in section 150.10 of 10 the penal law, when such crime is charged as a hate crime as defined in 11 section 485.05 of the penal law; 12 (n) aggravated assault upon a person less than eleven years old as 13 defined in section 120.12 of the penal law or criminal possession of a 14 weapon on school grounds as defined in section 265.01-a of the penal 15 law; 16 (o) grand larceny in the first degree as defined in section 155.42 of 17 the penal law, enterprise corruption as defined in section 460.20 of the 18 penal law, or money laundering in the first degree as defined in section 19 470.20 of the penal law; 20 (p) failure to register as a sex offender pursuant to section one 21 hundred sixty-eight-t of the correction law or endangering the welfare 22 of a child as defined in subdivision one of section 260.10 of the penal 23 law, where the defendant is required to maintain registration under 24 article six-C of the correction law and designated a level three offen- 25 der pursuant to subdivision six of section one hundred sixty-eight-l of 26 the correction law; 27 (q) a crime involving bail jumping under section 215.55, 215.56 or 28 215.57 of the penal law, or a crime involving escaping from custody 29 under section 205.05, 205.10 or 205.15 of the penal law; 30 (r) any felony offense committed by the principal while serving a 31 sentence of probation or while released to post release supervision; 32 (s) a felony, where the defendant qualifies for sentencing on such 33 charge as a persistent felony offender pursuant to section 70.10 of the 34 penal law; 35 (t) any felony or class A misdemeanor involving harm to an identifi- 36 able person or property, or any charge of criminal possession of a 37 firearm as defined in section 265.01-b of the penal law, where such 38 charge arose from conduct occurring while the defendant was released on 39 his or her own recognizance, released under conditions, or had yet to be 40 arraigned after the issuance of a desk appearance ticket for a separate 41 felony or class A misdemeanor involving harm to an identifiable person 42 or property, or any charge of criminal possession of a firearm as 43 defined in section 265.01-b of the penal law, provided, however, that 44 the prosecutor must show reasonable cause to believe that the defendant 45 committed the instant crime and any underlying crime. For the purposes 46 of this subparagraph, any of the underlying crimes need not be a quali- 47 fying offense as defined in this subdivision. For the purposes of this 48 paragraph, "harm to an identifiable person or property" shall include 49 but not be limited to theft of or damage to property. However, based 50 upon a review of the facts alleged in the accusatory instrument, if the 51 court determines that such theft is negligible and does not appear to be 52 in furtherance of other criminal activity, the principal shall be 53 released on his or her own recognizance or under appropriate non-mone- 54 tary conditions; or 
 S. 857 10 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law. 4 5. Notwithstanding the provisions of subdivisions three and four of 5 this section, with] With respect to any charge for which bail or remand 6 is not ordered, and for which the court would not [or could not] other- 7 wise require bail or remand, a defendant may, at any time, request that 8 the court set bail in a nominal amount requested by the defendant in the 9 form specified in paragraph (a) of subdivision one of section 520.10 of 10 this title; if the court is satisfied that the request is voluntary, the 11 court shall set such bail in such amount. 12 [6.] 4. Notwithstanding the provisions of [subdivisions] subdivision 13 two[, three and four] of this section, a superior court may not order 14 recognizance, release under non-monetary conditions or, where author- 15 ized, bail, or permit a defendant to remain at liberty pursuant to an 16 existing order, after the defendant has been convicted of either: (a) a 17 class A felony or (b) any class B or class C felony as defined in arti- 18 cle one hundred thirty of the penal law committed or attempted to be 19 committed by a person eighteen years of age or older against a person 20 less than eighteen years of age. In either case the court must commit or 21 remand the defendant to the custody of the sheriff. 22 [7.] 5. Notwithstanding the provisions of [subdivisions] subdivision 23 two[, three and four] of this section, a superior court may not order 24 recognizance, release under non-monetary conditions or, where author- 25 ized, bail when the defendant is charged with a felony unless and until 26 the district attorney has had an opportunity to be heard in the matter 27 and such court and counsel for the defendant have been furnished with a 28 report as described in subparagraph (ii) of paragraph (b) of subdivision 29 two of section 530.20 of this article. 30 § 12. This act shall take effect immediately.