New York City Council Header
File #: Res 0582-2018    Version: * Name: NYS to include dangerousness as a factor to consider in bail determinations.
Type: Resolution Status: Committee
Committee: Committee on Justice System
On agenda: 10/31/2018
Enactment date: Law number:
Title: Resolution calling on New York State to include dangerousness as a factor to consider in bail determinations
Sponsors: Andrew Cohen, Kalman Yeger
Council Member Sponsors: 2
Attachments: 1. Res. No. 582, 2. October 31, 2018 - Stated Meeting Agenda with Links to Files

Res. No. 582

 

Resolution calling on New York State to include dangerousness as a factor to consider in bail determinations

 

By Council Members Cohen and 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