N.Y. CPL Law § 510.45 — New York Code / Act CPL / Part 3 / Title P / Article 510 / Section 510.45
Pretrial services agencies
Status: in_force

§ 510.45 Pretrial services agencies.\n  1. The office of court administration shall certify and regularly\nreview for recertification one or more pretrial services agencies in\neach county to monitor principals released under non-monetary\nconditions.  Such office shall maintain a listing on its public website\nidentifying by county each pretrial services agency so certified in the\nstate.\n  2. Every such agency shall be a public entity under the supervision\nand control of a county or municipality or a non-profit entity under\ncontract to the county, municipality or the state. A county or\nmunicipality shall be authorized to enter into a contract with another\ncounty or municipality in the state to monitor principals under\nnon-monetary conditions of release in its county, but counties,\nmunicipalities and the state shall not contract with any private\nfor-profit entity for such purposes.\n  3. (a) Any questionnaire, instrument or tool used with a principal in\nthe process of considering or determining the principal's possible\nrelease on recognizance, release under non-monetary conditions or on\nbail, or used with a principal in the process of considering or\ndetermining a condition or conditions of release or monitoring by a\npretrial services agency, shall be promptly made available to the\nprincipal and the principal's counsel upon written request. Any such\nblank form questionnaire, instrument or tool regularly used in the\ncounty for such purpose or a related purpose shall be made available to\nany person promptly upon request.\n  (b) Any such questionnaire, instrument or tool used to inform\ndeterminations on release or conditions of release shall be:\n  (i) designed and implemented in a way that ensures the results are\nfree from discrimination on the basis of race, national origin, sex, or\nany other protected class; and\n  (ii) empirically validated and regularly revalidated, with such\nvalidation and revalidation studies and all underlying data, except\npersonal identifying information for any defendant, publicly available\nupon request.\n  4. Supervision by a pre-trial services agency may be ordered as a\nnon-monetary condition pursuant to this title only if the court finds,\nafter notice, an opportunity to be heard and an individualized\ndetermination explained on the record or in writing, that no other\nrealistic non-monetary condition or set of non-monetary conditions will\nsuffice to reasonably assure the principal's return to court.\n  5. Each pretrial service agency certified by the office of court\nadministration pursuant to this section shall at the end of each year\nprepare and file with such office an annual report, which the office\nshall compile, publish on its website and make available upon request to\nmembers of the public. Such reports shall not include any personal\nidentifying information for any individual defendants. Each such report,\nin addition to other relevant information, shall set forth,\ndisaggregated by each county served:\n  (a) the number of defendants supervised by the agency;\n  (b) the length of time (in months) each such person was supervised by\nthe agency prior to acquittal, dismissal, release on recognizance,\nrevocation of release on conditions, and sentencing;\n  (c) the race, ethnicity, age and sex of each person supervised;\n  (d) the crimes with which each person supervised was charged;\n  (e) the number of persons supervised for whom release conditions were\nmodified by the court, describing generally for each person or group of\npersons the type and nature of the condition or conditions added or\nremoved;\n  (f) the number of persons supervised for whom release under conditions\nwas revoked by the court, and the basis for such revocations; and\n  (g) the court disposition in each supervised case, including\nsentencing information.\n