(b) Any such questionnaire, instrument or tool used to inform
determinations on release or conditions of release shall be:
(i) designed and implemented in a way that ensures the results are
free from discrimination on the basis of race, national origin, sex, or
any other protected class; and
(ii) empirically validated and regularly revalidated, with such
validation and revalidation studies and all underlying data, except
personal identifying information for any defendant, publicly available
upon request.
4. Supervision by a pre-trial services agency may be ordered as a
non-monetary condition pursuant to this title only if the court finds,
after notice, an opportunity to be heard and an individualized
determination explained on the record or in writing, that no other
realistic non-monetary condition or set of non-monetary conditions will
suffice to reasonably assure the principal's return to court.
5. Each pretrial service agency certified by the office of court
administration pursuant to this section shall at the end of each year
prepare and file with such office an annual report, which the office
shall compile, publish on its website and make available upon request to
members of the public. Such reports shall not include any personal
identifying information for any individual defendants. Each such report,
in addition to other relevant information, shall set forth,
disaggregated by each county served:
(a) the number of defendants supervised by the agency;
(b) the length of time (in months) each such person was supervised by
the agency prior to acquittal, dismissal, release on recognizance,
revocation of release on conditions, and sentencing;
(c) the race, ethnicity, age and sex of each person supervised;
(d) the crimes with which each person supervised was charged;
(e) the number of persons supervised for whom release conditions were
modified by the court, describing generally for each person or group of
persons the type and nature of the condition or conditions added or
removed;
(f) the number of persons supervised for whom release under conditions
was revoked by the court, and the basis for such revocations; and
(g) the court disposition in each supervised case, including
sentencing information.
Structure New York Laws
Part 3 - Special Proceedings and Miscellaneous Procedures
510.10 - Securing Order; When Required; Alternatives Available; Standard to Be Applied.
510.15 - Commitment of Principal Under Seventeen or Eighteen.
510.20 - Application for a Change in Securing Order.
510.30 - Application for Securing Order; Rules of Law and Criteria Controlling Determination.
510.43 - Court Appearances: Additional Notifications.