2023 New York Laws › JUD - Judiciary › Article 7-A - Judicial Administration › 216 - Additional Duties of the Chief Administrator; Certain Cases.

§ 216. Additional duties of the chief administrator; certain cases. 1.
The  chief  administrator  of the courts shall designate the appropriate
persons, including but not limited to district attorneys,  criminal  and
family  court  clerks,  corporation  counsels, county attorneys, victims
assistance unit staff, probation officers, warrant  officers,  sheriffs,
police  officers  or  any other law enforcement officials, to inform any
petitioner bringing a proceeding under article eight of the family court
act or a complainant  in  an  action  which  would  be  subject  to  the
provisions  of section 530.11 of the criminal procedure law, before such
proceeding or action is commenced, of the procedures available  for  the
institution  of family offense proceedings, including but not limited to
the following:
(a) That there is  concurrent  jurisdiction  with  respect  to  family
offenses in both family court and the criminal courts;
(b)  That  a  family court proceeding is a civil proceeding and is for
the purpose of attempting to keep the family unit intact. Referrals  for
counseling,  or counseling services, are available through probation for
this purpose;
(c) That a proceeding in the criminal courts is  for  the  purpose  of
prosecution  of  the offender and can result in a criminal conviction of
the offender;
(d) That a proceeding or action subject  to  the  provisions  of  this
section  is  initiated  at  the  time  of  the  filing  of an accusatory
instrument or filing a family court petition, not at the time of arrest,
or request for arrest, if any;
(f) That an arrest may precede the commencement of a family court or a
criminal court proceeding, but  an  arrest  is  not  a  requirement  for
commencing either proceeding.
2.  No official or other person designated pursuant to subdivision one
of this section shall discourage or prevent any  person  who  wishes  to
file  a  petition  or  sign or initiate a proceeding in a criminal court
from having access to any court for that purpose.
3. The chief administrator shall  prescribe  an  appropriate  form  to
implement subdivision two of this section.
4.  The  chief  administrator  of  the  courts  shall  collect data in
relation to the number  of  cases  in  which  the  basic  child  support
obligation,  as  defined  in  section  two hundred forty of the domestic
relations law and section four hundred thirteen of the family court act,
was ordered; the number of cases in which the order deviated  from  such
basic  child support obligation and the reasons therefor; the incomes of
the parties; the number of children, and the  amount  of  child  support
awarded  pursuant  to  the  child  support standards act; and amounts of
alimony or maintenance, or allocations of property included in orders or
judgments that include a provision for child  support  pursuant  to  the
child support standards act, and shall report such data to the temporary
president  of  the  senate, speaker of the assembly, chairpersons of the
judiciary and children and families committees, and the governor  on  or
before the first day of April of each year. In collecting such data, the
chief  administrator shall not disclose the identities of the parties or
disclose information that would tend to reveal  the  identities  of  the
parties.
* 5.  The  chief  administrator of the courts, in conjunction with the
division of criminal justice services, shall  collect  data  and  report
every six months regarding pretrial release and detention. Such data and
report  shall contain information categorized by age, gender, racial and
ethnic background;  regarding  the  nature  of  the  criminal  offenses,
including the top charge of each case; the number and type of charges in
each  defendant's criminal record; whether the prosecutor requested that

the court fix bail, the amounts and  forms  of  bail  requested  by  the
prosecutor,  and  the  amounts  and  forms of bail set by the court; the
number  of  individuals  released  on  recognizance;   the   number   of
individuals   released   on   non-monetary   conditions,  including  the
conditions imposed; the number of individuals committed to  the  custody
of  a  sheriff  prior  to  trial;  the  rates  of  failure to appear and
rearrest; the outcome of such cases or dispositions; the length  of  the
pretrial  detention  stay  and  any  other such information as the chief
administrator and the division of criminal  justice  services  may  find
necessary  and  appropriate.  Further,  the  chief  administrator of the
courts shall collect data and  report  every  month  regarding  pretrial
commitments  to  local  correctional facilities. Such data shall include
but not be limited to age, gender, racial and ethnic background  of  the
principal;  both  beginning  and end dates of pretrial commitment to the
custody of the sheriff; total days of pretrial commitment to the custody
of the sheriff; the type of commitment ordered by  the  court;  the  top
charge  at  arrest  and  arraignment; and whether the principal had been
previously  released  from  custody  in  the  case.  Such  report  shall
aggregate  the data collected by county; court, including city, town and
village courts; and judge. The data shall  be  aggregated  in  order  to
protect  the  identity  of  individual  defendants.  The report shall be
released publicly and published on the websites of the office  of  court
administration  and the division of criminal justice services. The first
report shall be published twelve months  after  this  subdivision  shall
have  become  a  law,  and  shall include data from the first six months
following the enactment of this section. Reports for subsequent  periods
shall  be published every six months thereafter; provided, however, that
the  pretrial  detention  admissions  and  discharges  report  will   be
published every month.
* NB Effective until October 17, 2024
* 5.  The  chief  administrator of the courts, in conjunction with the
division of criminal justice services, shall  collect  data  and  report
every six months regarding pretrial release and detention. Such data and
report  shall contain information categorized by age, gender, racial and
ethnic background;  regarding  the  nature  of  the  criminal  offenses,
including the top charge of each case; the number and type of charges in
each  defendant's  criminal  record;  whether  a hate crime was charged;
whether the prosecutor requested that the court fix  bail,  the  amounts
and forms of bail requested by the prosecutor, and the amounts and forms
of  bail  set  by  the  court;  the  number  of  individuals released on
recognizance;  the  number  of  individuals  released  on   non-monetary
conditions,  including the conditions imposed; the number of individuals
committed to the custody of a sheriff  prior  to  trial;  the  rates  of
failure   to   appear  and  rearrest;  the  outcome  of  such  cases  or
dispositions; the length of the pretrial detention stay  and  any  other
such information as the chief administrator and the division of criminal
justice  services may find necessary and appropriate. Further, the chief
administrator of the courts shall collect data and  report  every  month
regarding  pretrial  commitments  to local correctional facilities. Such
data shall include but not be limited to age, gender, racial and  ethnic
background  of  the  principal; both beginning and end dates of pretrial
commitment to the  custody  of  the  sheriff;  total  days  of  pretrial
commitment to the custody of the sheriff; the type of commitment ordered
by  the court; the top charge at arrest and arraignment; and whether the
principal had been previously released from custody in  the  case.  Such
report  shall  aggregate  the data collected by county; court, including
city, town and village courts; and judge. The data shall  be  aggregated
in  order  to  protect the identity of individual defendants. The report

shall be released publicly and published on the websites of  the  office
of  court  administration and the division of criminal justice services.
The first report shall be published twelve months after this subdivision
shall  have  become  a  law,  and  shall include data from the first six
months following the enactment of this section. Reports  for  subsequent
periods  shall  be  published  every  six  months  thereafter; provided,
however, that the pretrial detention admissions  and  discharges  report
will be published every month.
* NB Effective October 17, 2024
6.  The  chief  administrator  of  the courts, in conjunction with the
division of criminal justice services, shall  collect  data  and  report
annually  regarding  the impact of article two hundred forty-five of the
criminal procedure law. Such data and report shall  contain  information
regarding  the  implementation  of article two hundred forty-five of the
criminal procedure law,  including  procedures  used  to  implement  the
article,  resources  needed for implementation, monies received pursuant
to section ninety-nine-hh of the state finance law, including the amount
of money utilized for the services and  expenses  eligible  pursuant  to
subdivision  three  of  such  section, information regarding cases where
discovery obligations  are  not  met,  and  information  regarding  case
outcomes.  The  report  shall  be released publicly and published on the
websites of the office of  court  administration  and  the  division  of
criminal  justice services. The first report shall be published eighteen
months after the effective date of this section, and shall include  data
from  the  first  twelve months following the enactment of this section.
Reports for subsequent years shall be published annually thereafter.