On April 3, 2020, changes were made to the bail laws in New York State, as part of the state budget.
There are substantial changes to conditions of release and an expansion of qualifying offenses for which a person may be detained on bail, effective in 90 days (July 3, 2020). Some of the changes are briefly summarized here and include:
• stay away orders expanded allowing court discretion and the ability to order individuals to stay away from and not associate with witnesses and co-defendants; • additional restrictions on travel and the ability of the court to order relinquishment of passport;• placement into pretrial services for mandatory programming, including counseling, treatment, and intimate partner violence intervention programs;
• a court can remove a person under Mental Hygiene Law section 9.43;The list of qualifying offenses has now been expanded to include certain misdemeanors, and non-violent and violent offenses. Also included was a provision that a person forfeits their right to get court notification if they refuse to provide contact information.
• court can require “diligent efforts” to maintain employment, housing, enrollment in school or educational programs;
• expand conditions on stay away orders with consideration for “safety of victim” and may add specific conditions at the request of the complaining witness; and
• the expansion of electronic monitoring, allowing municipalities to contract with private companies for monitoring equipment and other items.
