New York City Council Header
File #: Int 1531-2017    Version: Name: Requiring the DOC to efficiently facilitate the processing of bail payments.
Type: Introduction Status: Enacted
Committee: Committee on Fire and Criminal Justice Services
On agenda: 4/5/2017
Enactment date: 7/22/2017 Law number: 2017/123
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to efficiently facilitate the processing of bail payments
Sponsors: Melissa Mark-Viverito, Elizabeth S. Crowley, Daniel Dromm , Donovan J. Richards, Stephen T. Levin, Rory I. Lancman, Carlos Menchaca, Andrew Cohen, Ben Kallos
Council Member Sponsors: 9
Summary: This bill would require the Department of Correction to accept bail payments immediately and continuously after an inmate is admitted to their custody, and generally require the release of inmates within a specified time period, with limited exceptions. The bill would also require the Department to accept bail in or near all courthouses, or online.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1531-A, 3. Summary of Int. No. 1531, 4. Int. No. 1531, 5. April 5, 2017 - Stated Meeting Agenda with Links to Files, 6. Committee Report 5/2/17, 7. Hearing Testimony 5/2/17, 8. Hearing Transcript 5/2/17, 9. Proposed Int. No. 1531-A - 6/22/17, 10. Committee Report 6/19/17, 11. Hearing Testimony 6/19/17, 12. Hearing Transcript 6/19/17, 13. June 21, 2017 - Stated Meeting Agenda with Links to Files, 14. Fiscal Impact Statement, 15. Hearing Transcript - Stated Meeting 6-21-17, 16. Int. No. 1531-A (FINAL), 17. Letter to Mayor, 18. Local Law 123, 19. Minutes of the Recessed Stated Meeting of June 6, 2017 held on June 21, 2017, 20. Minutes of the Stated Meeting - June 21, 2017
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
7/22/2017AMelissa Mark-Viverito Administration City Charter Rule Adopted  Action details Meeting details Not available
6/21/2017AMelissa Mark-Viverito City Council Sent to Mayor by Council  Action details Meeting details Not available
6/21/2017AMelissa Mark-Viverito City Council Approved by CouncilPass Action details Meeting details Not available
6/19/2017*Melissa Mark-Viverito Committee on Fire and Criminal Justice Services Hearing Held by Committee  Action details Meeting details Not available
6/19/2017*Melissa Mark-Viverito Committee on Fire and Criminal Justice Services Amendment Proposed by Comm  Action details Meeting details Not available
6/19/2017*Melissa Mark-Viverito Committee on Fire and Criminal Justice Services Amended by Committee  Action details Meeting details Not available
6/19/2017AMelissa Mark-Viverito Committee on Fire and Criminal Justice Services Approved by CommitteePass Action details Meeting details Not available
5/2/2017*Melissa Mark-Viverito Committee on Fire and Criminal Justice Services Hearing Held by Committee  Action details Meeting details Not available
5/2/2017*Melissa Mark-Viverito Committee on Fire and Criminal Justice Services Laid Over by Committee  Action details Meeting details Not available
4/5/2017*Melissa Mark-Viverito City Council Referred to Comm by Council  Action details Meeting details Not available
4/5/2017*Melissa Mark-Viverito City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1531-A

 

By The Speaker (Council Member Mark-Viverito) and Council Members Crowley, Dromm, Richards, Levin, Lancman, Menchaca, Cohen and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to efficiently facilitate the processing of bail payments

 

Be it enacted by the Council as follows:

Section 1. Chapter 1 of Title 9 of the administrative code of the city of New York is amended by adding a new section 9-148 to read as follows: 

§ 9-148 Bail payments and processing.

a. The department shall accept cash bail payments immediately and continuously after an inmate is admitted to the custody of the department, except on such dates on which an inmate appears in court other than an arraignment in criminal court.

b. The department shall release any inmate for whom bail or bond has been paid or posted within the required time period of the later of such payment being made or the department’s receipt of notice thereof, provided that if an inmate cannot be released within the required time period due to extreme and unusual circumstances then such inmate shall be released as soon as possible. Such timeframe may be extended when any of the following occurs, provided that the inmate’s release shall be forthwith as that term is used in section 520.15 of the criminal procedure law:

1. The inmate receives discharge planning services prior to release;

2. The inmate has a warrant or hold from another jurisdiction or agency;

3. The inmate is being transported at the time bail or bond is paid or posted;

4. The inmate is not in departmental custody at the time bail or bond is paid or posted;

5. The inmate requires immediate medical or mental health treatment; or

6. Section 520.30 of the criminal procedure law necessitates a delay.

c. The department shall accept or facilitate the acceptance of cash bail payments for inmates in the custody of the department: (i) at any courthouse of the New York City Criminal Court, (ii) at any location within one half mile of any such courthouse during all operating hours of such courthouse and at least two hours subsequent to such courthouse’s closing, or (iii) online.

d. For the purposes of subdivision b, the term “required time period” means five hours beginning on October 1, 2017, four hours beginning on April 1, 2018, and three hours beginning on October 1, 2018.

§ 2. This local law takes effect on October 1, 2017, except that subdivisions a and c of section 9-148 of the administrative code of the city of New York, as added by this local law, take effect six months after this local law becomes law.

LS #8981/8982/8985

BC

5/26/17 6:46 PM