New York City Council Header
File #: Int 0944-2018    Version: Name: Requiring the dept of correction to notify inmates, defense attorneys, and court personnel when an inmate is detained solely on a bail amount of one dollar.
Type: Introduction Status: Enacted
Committee: Committee on Criminal Justice
On agenda: 5/23/2018
Enactment date: 5/10/2019 Law number: 2019/081
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to notify incarcerated individuals and their legal representatives when an incarcerated individual is held solely due to a bail amount of less than $10
Sponsors: Rory I. Lancman, Alicka Ampry-Samuel , Helen K. Rosenthal, Vanessa L. Gibson, Brad S. Lander, Laurie A. Cumbo, Diana Ayala , Ben Kallos, Costa G. Constantinides, Robert F. Holden, Carlina Rivera
Council Member Sponsors: 11
Summary: This bill would require the Department of Correction (“DOC”) to notify incarcerated individuals and defense attorneys when an incarcerated individual is detained solely on a bail amount of less than ten dollars.
Attachments: 1. Summary of Int. No. 944-A, 2. Summary of Int. No. 944, 3. Int. No. 944, 4. May 23, 2018 - Stated Meeting Agenda with Links to Files, 5. Committee Report 12/3/18, 6. Hearing Testimony 12/3/18, 7. Hearing Transcript 12/3/18, 8. Proposed Int. No. 944-A - 4/4/19, 9. Committee Report 4/9/19, 10. Hearing Transcript 4/9/19, 11. Hearing Transcript - Stated Meeting 4-9-19, 12. Int. No. 944-A (FINAL), 13. Fiscal Impact Statement, 14. Legislative Documents - Letter to the Mayor
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
5/10/2019ARory I. Lancman Administration City Charter Rule Adopted  Action details Meeting details Not available
5/9/2019ARory I. Lancman City Council Returned Unsigned by Mayor  Action details Meeting details Not available
4/9/2019ARory I. Lancman City Council Sent to Mayor by Council  Action details Meeting details Not available
4/9/2019ARory I. Lancman City Council Approved by CouncilPass Action details Meeting details Not available
4/9/2019*Rory I. Lancman Committee on Criminal Justice Hearing Held by Committee  Action details Meeting details Not available
4/9/2019*Rory I. Lancman Committee on Criminal Justice Amendment Proposed by Comm  Action details Meeting details Not available
4/9/2019*Rory I. Lancman Committee on Criminal Justice Amended by Committee  Action details Meeting details Not available
4/9/2019ARory I. Lancman Committee on Criminal Justice Approved by CommitteePass Action details Meeting details Not available
12/3/2018*Rory I. Lancman Committee on Justice System Laid Over by Committee  Action details Meeting details Not available
12/3/2018*Rory I. Lancman Committee on Justice System Hearing Held by Committee  Action details Meeting details Not available
12/3/2018*Rory I. Lancman Committee on Criminal Justice Laid Over by Committee  Action details Meeting details Not available
12/3/2018*Rory I. Lancman Committee on Criminal Justice Hearing Held by Committee  Action details Meeting details Not available
5/23/2018*Rory I. Lancman City Council Referred to Comm by Council  Action details Meeting details Not available
5/23/2018*Rory I. Lancman City Council Introduced by Council  Action details Meeting details Not available

Int. No. 944-A

 

By Council Members Lancman, Ampry-Samuel, Rosenthal, Gibson, Lander, Cumbo, Ayala, Kallos, Constantinides, Holden and Rivera

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to notify incarcerated individuals and their legal representatives when an incarcerated individual is held solely due to a bail amount of less than $10

 

Be it enacted by the Council as follows:

 

Section 1. Section 9-150 of the administrative code of the city of New York, as added by local law number 125 for the year 2017, is amended to read as follows:

§ 9-150 Bail facilitation.

Definitions. As used in this section, the following terms have the following meanings:

Bail facilitator. The term "bail facilitator" means a person or persons whose duties include explaining to eligible [inmates] incarcerated individuals how to post bail or bond, explaining the fees that may be collected by bail bonds companies, taking reasonable steps to communicate directly with or facilitate [inmate] such individual’s communication with possible sureties, and taking any other reasonable measures to assist [inmates] such individuals in posting bail or bond.

Eligible [inmate] incarcerated individual. The term ["eligible inmate"] “eligible incarcerated individual” means a person in the custody of the department held only on bail or bond.

Institutional defense provider. The term “institutional defense provider” means any private institutional legal services organization selected in accordance with section 13-02 of title 43 of the rules of the city of New York to represent indigent persons, or any successor provision thereto.

a. Within 24 hours of taking custody of an eligible [inmate] incarcerated individual, the department shall provide to such [inmate] individual the following information in written form: (i) the [inmate's] individual’s amount of bail or bond, (ii) the [inmate's] individual’s New York state identification number or booking and case number or other unique identifying number, (iii) options for all forms of bail payment and all steps required for such payment, including the locations at which a surety may post bail and the requirements for so posting, and (iv) any other information relevant to assisting the [inmate] individual in posting bail or bond.

b. Within 24 hours of taking custody of eligible [inmates] incarcerated individuals, the department shall notify such [inmates] individuals that they may post their own bail. Within such time period, the department shall, to the extent practicable and in a manner consistent with officer safety and all applicable laws, offer such [inmates] individuals the opportunity to obtain property, including personal contact information and financial resources, that such [inmates] individuals may require for the purpose of posting bail and which is stored in such [inmate's] individual’s personal property, provided that any member of the department who accesses such [inmate's] individual’s property pursuant to this subdivision shall request access only for the purpose of facilitating posting bail.

c. The department shall ensure that bail facilitators meet with all eligible [inmates] incarcerated individuals within 48 hours of their admission to the custody of the department, that eligible [inmates] incarcerated individuals have continued access to bail facilitators, and that bail facilitators are provided with reasonable resources necessary to fulfill their duties.

d. Absent unusual circumstances, the following time periods shall apply to notifications given pursuant to this subdivision to eligible incarcerated individuals and their legal representatives: the department shall generate a list of eligible incarcerated individuals who are held solely due to a bail amount of less than $10 once before noon and once after noon every day of the week. Within three hours of generation of such a list, but no later than 24 hours after receipt of information from the office of court administration regarding the bail status of eligible incarcerated individuals, the department shall provide each eligible incarcerated individual who is held solely due to a bail amount of less than $10 with notice that such eligible incarcerated individual is held solely due to a bail amount of less than $10. Within ninety minutes of generation of such a list, the department shall consult a website maintained by the New York state unified court system that may contain information relating to such individual’s legal representative. If such website identifies the legal representative of such individual and contains a telephone number for such legal representative, the department shall telephone such legal representative to inform them that such individual is held solely due to a bail amount of less than $10. If such website identifies an institutional defense provider as the legal representative of such individual, the department shall telephone or email such institutional defense provider within ninety minutes of generation of such a list to inform them that such individual is held solely due to a bail amount of less than $10, regardless of whether a telephone number or email address is identified on a website maintained by the New York state unified court system.

§ 2. This local law takes effect 45 days after it becomes law.

 

JDK/AS

LS #6468

3/4/2019