Res. No. 582
Resolution calling on New York State to include dangerousness as a factor to consider in bail determinations
By Council Member Yeger
Whereas, New York state’s bail statute, Criminal Procedure Law section 510.30, details the reasons a judge can set bail; and
Whereas, Danger to the community is not one of the factors in CPL 510.30, and
Whereas, Under the Bail Reform Act of 1984, dangerousness is a permissible factor in federal bail law; and
Whereas, New York is one of only three states to not allow a judge to consider dangerousness; and
Whereas, Mayor Bill de Blasio, Manhattan District Attorney Cyrus R. Vance Jr., and former Chief Judge Jonathan Lippman have all called on the legislature to add dangerousness to the bail statute; and
Whereas, Permitting judges to consider the danger posed by those accused of crimes is necessary to ensure the public safety of the city and state of New York; be it
Resolved, That the Council of the City of New York calls upon New York State to include dangerousness as a factor in bail determinations.
LS2394
10/22/18
MKW