2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail › Article 510 - Recognizance, Bail and Commitment-Determination of Application for Recognizance or Bail, Issuance of Securing Orders, and Related Matters › 510.45 - Pretrial Services Agencies.

§ 510.45 Pretrial services agencies.
1.  The  office  of  court  administration shall certify and regularly
review for recertification one or more  pretrial  services  agencies  in
each   county   to   monitor   principals  released  under  non-monetary
conditions.  Such office shall maintain a listing on its public  website
identifying  by county each pretrial services agency so certified in the
state.
2. Every such agency shall be a public entity  under  the  supervision
and  control  of  a  county or municipality or a non-profit entity under
contract  to  the  county,  municipality  or  the  state.  A  county  or
municipality  shall  be authorized to enter into a contract with another
county  or  municipality  in  the  state  to  monitor  principals  under
non-monetary   conditions  of  release  in  its  county,  but  counties,
municipalities and  the  state  shall  not  contract  with  any  private
for-profit entity for such purposes.
3.  (a) Any questionnaire, instrument or tool used with a principal in
the process of  considering  or  determining  the  principal's  possible
release  on  recognizance,  release  under non-monetary conditions or on
bail, or used  with  a  principal  in  the  process  of  considering  or
determining  a  condition  or  conditions  of release or monitoring by a
pretrial services agency,  shall  be  promptly  made  available  to  the
principal  and  the  principal's  counsel upon written request. Any such
blank form questionnaire, instrument  or  tool  regularly  used  in  the
county  for such purpose or a related purpose shall be made available to
any person promptly upon request.
(b)  Any  such  questionnaire,  instrument  or  tool  used  to  inform
determinations on release or conditions of release shall be:
(i)  designed  and  implemented  in a way that ensures the results are
free from discrimination on the basis of race, national origin, sex,  or
any other protected class; and
(ii)  empirically  validated  and  regularly  revalidated,  with  such
validation and revalidation studies  and  all  underlying  data,  except
personal  identifying  information for any defendant, publicly available
upon request.
4. Supervision by a pre-trial services agency  may  be  ordered  as  a
non-monetary  condition  pursuant to this title only if the court finds,
after  notice,  an  opportunity  to  be  heard  and  an   individualized
determination  explained  on  the  record  or  in writing, that no other
realistic non-monetary condition or set of non-monetary conditions  will
suffice to reasonably assure the principal's return to court.
5.  Each  pretrial  service  agency  certified  by the office of court
administration pursuant to this section shall at the end  of  each  year
prepare  and  file  with  such office an annual report, which the office
shall compile, publish on its website and make available upon request to
members of the public. Such  reports  shall  not  include  any  personal
identifying information for any individual defendants. Each such report,
in   addition   to   other   relevant   information,  shall  set  forth,
disaggregated by each county served:
(a) the number of defendants supervised by the agency;
(b) the length of time (in months) each such person was supervised  by
the  agency  prior  to  acquittal,  dismissal,  release on recognizance,
revocation of release on conditions, and sentencing;
(c) the race, ethnicity, age and sex of each person supervised;
(d) the crimes with which each person supervised was charged;
(e) the number of persons supervised for whom release conditions  were
modified  by the court, describing generally for each person or group of
persons the type and nature of the  condition  or  conditions  added  or
removed;
(f) the number of persons supervised for whom release under conditions
was revoked by the court, and the basis for such revocations; and
(g)   the   court  disposition  in  each  supervised  case,  including
sentencing information.