Bill Text: NY A06933 | 2021-2022 | General Assembly | Introduced
Bill Title: Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A06933 Detail]
Download: New_York-2021-A06933-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6933 2021-2022 Regular Sessions IN ASSEMBLY April 13, 2021 ___________ Introduced by M. of A. TANNOUSIS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to bail reform; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 500.10 of the criminal procedure law is amended by 2 adding a new subdivision 23 to read as follows: 3 23. "Risk and needs assessment" means a risk and needs assessment 4 instrument, approved by the chief administrative judge of the unified 5 court system. Such approved assessment instrument shall be objective, 6 standardized and developed based on analysis of empirical data and risk 7 factors relevant to the principal's danger to the community and risk of 8 failure of a principal to appear. Such approved assessment instrument 9 shall not be discriminatory based on race, national origin, sex, any 10 other protected class or socioeconomic status. 11 § 2. Section 510.10 of the criminal procedure law, as amended by 12 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 4 13 as amended by section 2 of part UU of chapter 56 of the laws of 2020, is 14 amended to read as follows: 15 § 510.10 Securing order; when required; alternatives available; standard 16 to be applied. 17 1. When a principal, whose future court attendance at a criminal 18 action or proceeding is or may be required, comes under the control of a 19 court, such court shall, in accordance with this title, by a securing 20 order [release the principal] request of the applicable county pre-trial 21 services agency that a risk and needs assessment be conducted on the 22 eligible principal and such court shall take into account the risk and 23 needs assessment, but such assessment shall not be the sole determina- 24 tive factor, for the purpose of determining whether such principal 25 should be released on the principal's own recognizance, [release theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07327-01-1A. 6933 2 1principal] released under non-monetary conditions, or, where authorized, 2 fix bail or commit the principal to the custody of the sheriff. In all 3 such cases, except where another type of securing order is shown to be 4 required by law, the court shall release the principal pending trial on 5 the principal's own recognizance, unless [it is] the risk and needs 6 assessment has demonstrated and the court [makes an individualized7determination] determines that the principal is a danger to the communi- 8 ty or poses a risk of flight to avoid prosecution. If such a finding 9 specific to risk of flight to avoid prosecution is made, the court must 10 select the least restrictive alternative and condition or conditions 11 that will reasonably assure the principal's return to court. The court 12 shall explain its choice of release, release with conditions, bail or 13 remand on the record or in writing. 14 2. A principal is entitled to representation by counsel under this 15 chapter in preparing an application for release, when a securing order 16 is being considered and when a securing order is being reviewed for 17 modification, revocation or termination. If the principal is financially 18 unable to obtain counsel, counsel shall be assigned to the principal. 19 [3. In cases other than as described in subdivision four of this20section the court shall release the principal pending trial on the prin-21cipal's own recognizance, unless the court finds on the record or in22writing that release on the principal's own recognizance will not23reasonably assure the principal's return to court. In such instances,24the court shall release the principal under non-monetary conditions,25selecting the least restrictive alternative and conditions that will26reasonably assure the principal's return to court. The court shall27explain its choice of alternative and conditions on the record or in28writing.294. Where the principal stands charged with a qualifying offense, the30court, unless otherwise prohibited by law, may in its discretion release31the principal pending trial on the principal's own recognizance or under32non-monetary conditions, fix bail, or, where the defendant is charged33with a qualifying offense which is a felony, the court may commit the34principal to the custody of the sheriff. A principal stands charged with35a qualifying offense for the purposes of this subdivision when he or she36stands charged with:37(a) a felony enumerated in section 70.02 of the penal law, other than38robbery in the second degree as defined in subdivision one of section39160.10 of the penal law, provided, however, that burglary in the second40degree as defined in subdivision two of section 140.25 of the penal law41shall be a qualifying offense only where the defendant is charged with42entering the living area of the dwelling;43(b) a crime involving witness intimidation under section 215.15 of the44penal law;45(c) a crime involving witness tampering under section 215.11, 215.1246or 215.13 of the penal law;47(d) a class A felony defined in the penal law, provided that for class48A felonies under article two hundred twenty of the penal law, only class49A-I felonies shall be a qualifying offense;50(e) a sex trafficking offense defined in section 230.34 or 230.34-a of51the penal law, or a felony sex offense defined in section 70.80 of the52penal law;, or a crime involving incest as defined in section 255.25,53255.26 or 255.27 of such law, or a misdemeanor defined in article one54hundred thirty of such law;55(f) conspiracy in the second degree as defined in section 105.15 of56the penal law, where the underlying allegation of such charge is thatA. 6933 3 1the defendant conspired to commit a class A felony defined in article2one hundred twenty-five of the penal law;3(g) money laundering in support of terrorism in the first degree as4defined in section 470.24 of the penal law; money laundering in support5of terrorism in the second degree as defined in section 470.23 of the6penal law; money laundering in support of terrorism in the third degree7as defined in section 470.22 of the penal law; money laundering in8support of terrorism in the fourth degree as defined in section 470.219of the penal law; or a felony crime of terrorism as defined in article10four hundred ninety of the penal law, other than the crime defined in11section 490.20 of such law;12(h) criminal contempt in the second degree as defined in subdivision13three of section 215.50 of the penal law, criminal contempt in the first14degree as defined in subdivision (b), (c) or (d) of section 215.51 of15the penal law or aggravated criminal contempt as defined in section16215.52 of the penal law, and the underlying allegation of such charge of17criminal contempt in the second degree, criminal contempt in the first18degree or aggravated criminal contempt is that the defendant violated a19duly served order of protection where the protected party is a member of20the defendant's same family or household as defined in subdivision one21of section 530.11 of this title;22(i) facilitating a sexual performance by a child with a controlled23substance or alcohol as defined in section 263.30 of the penal law, use24of a child in a sexual performance as defined in section 263.05 of the25penal law or luring a child as defined in subdivision one of section26120.70 of the penal law, promoting an obscene sexual performance by a27child as defined in section 263.10 of the penal law or promoting a sexu-28al performance by a child as defined in section 263.15 of the penal law;29(j) any crime that is alleged to have caused the death of another30person;31(k) criminal obstruction of breathing or blood circulation as defined32in section 121.11 of the penal law, strangulation in the second degree33as defined in section 121.12 of the penal law or unlawful imprisonment34in the first degree as defined in section 135.10 of the penal law, and35is alleged to have committed the offense against a member of the defend-36ant's same family or household as defined in subdivision one of section37530.11 of this title;38(l) aggravated vehicular assault as defined in section 120.04-a of the39penal law or vehicular assault in the first degree as defined in section40120.04 of the penal law;41(m) assault in the third degree as defined in section 120.00 of the42penal law or arson in the third degree as defined in section 150.10 of43the penal law, when such crime is charged as a hate crime as defined in44section 485.05 of the penal law;45(n) aggravated assault upon a person less than eleven years old as46defined in section 120.12 of the penal law or criminal possession of a47weapon on school grounds as defined in section 265.01-a of the penal48law;49(o) grand larceny in the first degree as defined in section 155.42 of50the penal law, enterprise corruption as defined in section 460.20 of the51penal law, or money laundering in the first degree as defined in section52470.20 of the penal law;53(p) failure to register as a sex offender pursuant to section one54hundred sixty-eight-t of the correction law or endangering the welfare55of a child as defined in subdivision one of section 260.10 of the penal56law, where the defendant is required to maintain registration underA. 6933 4 1article six-C of the correction law and designated a level three offen-2der pursuant to subdivision six of section one hundred sixty-eight-l of3the correction law;4(q) a crime involving bail jumping under section 215.55, 215.56 or5215.57 of the penal law, or a crime involving escaping from custody6under section 205.05, 205.10 or 205.15 of the penal law;7(r) any felony offense committed by the principal while serving a8sentence of probation or while released to post release supervision;9(s) a felony, where the defendant qualifies for sentencing on such10charge as a persistent felony offender pursuant to section 70.10 of the11penal law; or12(t) any felony or class A misdemeanor involving harm to an identifi-13able person or property, where such charge arose from conduct occurring14while the defendant was released on his or her own recognizance or15released under conditions for a separate felony or class A misdemeanor16involving harm to an identifiable person or property, provided, however,17that the prosecutor must show reasonable cause to believe that the18defendant committed the instant crime and any underlying crime. For the19purposes of this subparagraph, any of the underlying crimes need not be20a qualifying offense as defined in this subdivision.215. Notwithstanding the provisions of subdivisions three and four of22this section, with] 3. With respect to any charge for which bail or 23 remand is not ordered, and for which the court would not [or could not] 24 otherwise require bail or remand, a defendant may, at any time, request 25 that the court set bail in a nominal amount requested by the defendant 26 in the form specified in paragraph (a) of subdivision one of section 27 520.10 of this title; if the court is satisfied that the request is 28 voluntary, the court shall set such bail in such amount. 29 [6.] 4. When a securing order is revoked or otherwise terminated in 30 the course of an uncompleted action or proceeding but the principal's 31 future court attendance still is or may be required and the principal is 32 still under the control of a court, a new securing order must be issued. 33 When the court revokes or otherwise terminates a securing order which 34 committed the principal to the custody of the sheriff, the court shall 35 give written notification to the sheriff of such revocation or termi- 36 nation of the securing order. 37 § 3. Subdivision 1 of section 510.20 of the criminal procedure law, as 38 amended by section 3 of part JJJ of chapter 59 of the laws of 2019, is 39 amended to read as follows: 40 1. Upon any occasion when a court has issued a securing order with 41 respect to a principal and the principal is confined in the custody of 42 the sheriff as a result of the securing order or a previously issued 43 securing order, the principal may make an application for recognizance, 44 release under non-monetary conditions or bail. Any such decision by the 45 court for a change in a securing order with respect to a principal shall 46 take into account the risk and needs assessment conducted by the appli- 47 cable county pre-trial services agency, but such assessment shall not be 48 the sole determinative factor. 49 § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as 50 amended by section 5 of part JJJ of chapter 59 of the laws of 2019, is 51 amended to read as follows: 52 1. With respect to any principal, the court in all cases, unless 53 otherwise provided by law, must impose the least restrictive kind and 54 degree of control or restriction that is necessary to secure the princi- 55 pal's return to court when required unless such principal poses a danger 56 to the community. In determining that matter, the court [must] in addi-A. 6933 5 1 tion to taking into account the risk and needs assessment conducted by 2 the applicable county pre-trial services agency may, on the basis of 3 available information, consider and take into account information about 4 the principal that is relevant to the principal's return to court, 5 including: 6 (a) The principal's activities and history; 7 (b) If the principal is a defendant, the charges facing the principal; 8 (c) The principal's criminal conviction record if any; 9 (d) The principal's record of previous adjudication as a juvenile 10 delinquent, as retained pursuant to section 354.2 of the family court 11 act, or, of pending cases where fingerprints are retained pursuant to 12 section 306.1 of such act, or a youthful offender, if any; 13 (e) The principal's previous record with respect to flight to avoid 14 criminal prosecution; 15 (f) If monetary bail is authorized, according to the restrictions set 16 forth in this title, the principal's individual financial circumstances, 17 and, in cases where bail is authorized, the principal's ability to post 18 bail without posing undue hardship, as well as his or her ability to 19 obtain a secured, unsecured, or partially secured bond; 20 (g) Where the principal is charged with a crime or crimes against a 21 member or members of the same family or household as that term is 22 defined in subdivision one of section 530.11 of this title, the follow- 23 ing factors: 24 (i) any violation by the principal of an order of protection issued by 25 any court for the protection of a member or members of the same family 26 or household as that term is defined in subdivision one of section 27 530.11 of this title, whether or not such order of protection is 28 currently in effect; and 29 (ii) the principal's history of use or possession of a firearm; and 30 (h) If the principal is a defendant, in the case of an application for 31 a securing order pending appeal, the merit or lack of merit of the 32 appeal. 33 § 5. Paragraph (a) of subdivision 3 of section 510.45 of the criminal 34 procedure law, as added by section 8 of part JJJ of chapter 59 of the 35 laws of 2019, is amended to read as follows: 36 [(a) Any questionnaire, instrument or tool] The risk and needs assess- 37 ment instrument used with a principal in the process of considering or 38 determining the principal's possible release on recognizance, release 39 under non-monetary conditions or on bail, or used with a principal in 40 the process of considering or determining a condition or conditions of 41 release or monitoring by a pretrial services agency, shall be promptly 42 made available to the principal and the principal's counsel upon [writ-43ten] request. [Any such blank form questionnaire, instrument or tool] 44 Any such blank risk and needs assessment instrument regularly used in 45 the county for such purpose or a related purpose shall be made available 46 to any person promptly upon written request. 47 § 6. Paragraph (b) of subdivision 3 of section 510.45 of the criminal 48 procedure law is REPEALED. 49 § 7. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 50 procedure law, as added by section 16 of part JJJ of chapter 59 of the 51 laws of 2019, is amended to read as follows: 52 (a) [In cases other than as described in paragraph (b) of this subdi-53vision the] When the principal is charged with an offense or offenses of 54 less than felony grade only, the court shall [release the] request of 55 the applicable county pre-trial services agency a risk and needs assess- 56 ment be conducted on the eligible principal and the court shall takeA. 6933 6 1 into account the risk and needs assessment, but such assessment shall 2 not be the sole determinative factor, for the purpose of determining 3 whether such principal should be released pending trial on the princi- 4 pal's own recognizance, [unless the court finds on the record or in5writing that release on the principal's own recognizance will not6reasonably assure the principal's return to court. In such instances,7the court shall release the principal under non-monetary conditions,8selecting the least restrictive alternative and conditions that will9reasonably assure the principal's return to court] released under non- 10 monetary conditions, or where authorized, fix bail or commit the princi- 11 pal to the custody of the sheriff. The court shall explain its choice of 12 [alternative and] release, release with conditions, bail or remand on 13 the record or in writing. 14 § 8. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 15 procedure law is REPEALED. 16 § 9. Paragraph (d) of subdivision 1 of section 530.20 of the criminal 17 procedure law, as added by section 16 of part JJJ of chapter 59 of the 18 laws of 2019, is relettered paragraph (b) and amended to read as 19 follows: 20 (b) [Notwithstanding the provisions of paragraphs (a) and (b) of this21subdivision, with] With respect to any charge for which bail or remand 22 is not ordered, and for which the court would not [or could not] other- 23 wise require bail or remand, a defendant may, at any time, request that 24 the court set bail in a nominal amount requested by the defendant in the 25 form specified in paragraph (a) of subdivision one of section 520.10 of 26 this title; if the court is satisfied that the request is voluntary, the 27 court shall set such bail in such amount. 28 § 10. The opening paragraph of subdivision 2 of section 530.20 of the 29 criminal procedure law, as amended by section 16 of part JJJ of chapter 30 59 of the laws of 2019, is amended to read as follows: 31 When the defendant is charged, by felony complaint, with a felony, the 32 court [may, in its discretion, order] shall, request of the applicable 33 county pre-trial services agency a risk and needs assessment be 34 conducted on the eligible defendant and the court shall take into 35 account the risk and needs assessment, but such assessment shall not be 36 the sole determinative factor, for the purpose of determining whether 37 such defendant should be released on the defendant's own recognizance, 38 [release] released under non-monetary conditions, or, where authorized, 39 bail or commit the defendant to the custody of the sheriff except as 40 otherwise provided in [subdivision one of this section or] this subdivi- 41 sion: 42 § 11. Section 530.40 of the criminal procedure law, as amended by 43 section 18 of part JJJ of chapter 59 of the laws of 2019, and subdivi- 44 sion 4 as amended by section 4 of part UU of chapter 56 of the laws of 45 2020, is amended to read as follows: 46 § 530.40 Order of recognizance, release under non-monetary conditions or 47 bail; by superior court when action is pending therein. 48 When a criminal action is pending in a superior court, such court, 49 upon application of a defendant, must or may order recognizance or bail 50 as follows: 51 1. When the defendant is charged with an offense or offenses of less 52 than felony grade only, the court must, request of the applicable county 53 pre-trial services agency a risk and needs assessment be conducted on 54 the eligible defendant and the court shall take into account the risk 55 and needs assessment, but such assessment shall not be the sole determi- 56 native factor, for the purpose of determining whether such defendant,A. 6933 7 1 unless otherwise provided by law, should be released on an order of 2 recognizance or bail or release under non-monetary conditions [in3accordance with this section] or commit the defendant to the custody of 4 the sheriff. 5 2. When the defendant is charged with a felony, the court [may, unless6otherwise provided by law in its discretion, order] shall request of 7 the applicable county pre-trial services agency a risk and needs assess- 8 ment be conducted on the eligible defendant and the court shall take 9 into account the risk and needs assessment, but such assessment shall 10 not be the sole determinative factor, for the purpose of determining 11 whether such defendant should be released on the defendant's own recog- 12 nizance, [release] released under non-monetary conditions or, where 13 authorized, bail or commit the defendant to the custody of the sheriff. 14 In any such case in which an indictment (a) has resulted from an order 15 of a local criminal court holding the defendant for the action of the 16 grand jury, or (b) was filed at a time when a felony complaint charging 17 the same conduct was pending in a local criminal court, and in which 18 such local criminal court or a superior court judge has issued an order 19 of recognizance, release under non-monetary conditions or, where author- 20 ized, bail which is still effective, the superior court's order may be 21 in the form of a direction continuing the effectiveness of the previous 22 order. 23 [3. In cases other than as described in subdivision four of this24section the court shall release the principal pending trial on the prin-25cipal's own recognizance, unless the court finds on the record or in26writing that release on the principal's own recognizance will not27reasonably assure the principal's return to court. In such instances,28the court shall release the principal under non-monetary conditions,29selecting the least restrictive alternative and conditions that will30reasonably assure the principal's return to court. The court shall31explain its choice of alternative and conditions on the record or in32writing.334. Where the principal stands charged with a qualifying offense, the34court, unless otherwise prohibited by law, may in its discretion release35the principal pending trial on the principal's own recognizance or under36non-monetary conditions, fix bail, or, where the defendant is charged37with a qualifying offense which is a felony, the court may commit the38principal to the custody of the sheriff. The court shall explain its39choice of release, release with conditions, bail or remand on the record40or in writing. A principal stands charged with a qualifying offense for41the purposes of this subdivision when he or she stands charged with:42(a) a felony enumerated in section 70.02 of the penal law, other than43robbery in the second degree as defined in subdivision one of section44160.10 of the penal law, provided, however, that burglary in the second45degree as defined in subdivision two of section 140.25 of the penal law46shall be a qualifying offense only where the defendant is charged with47entering the living area of the dwelling;48(b) a crime involving witness intimidation under section 215.15 of the49penal law;50(c) a crime involving witness tampering under section 215.11, 215.1251or 215.13 of the penal law;52(d) a class A felony defined in the penal law, provided that for class53A felonies under article two hundred twenty of such law, only class A-I54felonies shall be a qualifying offense;55(e) a sex trafficking offense defined in section 230.34 or 230.34-a of56the penal law, or a felony sex offense defined in section 70.80 of theA. 6933 8 1penal law or a crime involving incest as defined in section 255.25,2255.26 or 255.27 of such law, or a misdemeanor defined in article one3hundred thirty of such law;4(f) conspiracy in the second degree as defined in section 105.15 of5the penal law, where the underlying allegation of such charge is that6the defendant conspired to commit a class A felony defined in article7one hundred twenty-five of the penal law;8(g) money laundering in support of terrorism in the first degree as9defined in section 470.24 of the penal law; money laundering in support10of terrorism in the second degree as defined in section 470.23 of the11penal law; money laundering in support of terrorism in the third degree12as defined in section 470.22 of the penal law; money laundering in13support of terrorism in the fourth degree as defined in section 470.2114of the penal law; or a felony crime of terrorism as defined in article15four hundred ninety of the penal law, other than the crime defined in16section 490.20 of such law;17(h) criminal contempt in the second degree as defined in subdivision18three of section 215.50 of the penal law, criminal contempt in the first19degree as defined in subdivision (b), (c) or (d) of section 215.51 of20the penal law or aggravated criminal contempt as defined in section21215.52 of the penal law, and the underlying allegation of such charge of22criminal contempt in the second degree, criminal contempt in the first23degree or aggravated criminal contempt is that the defendant violated a24duly served order of protection where the protected party is a member of25the defendant's same family or household as defined in subdivision one26of section 530.11 of this article;27(i) facilitating a sexual performance by a child with a controlled28substance or alcohol as defined in section 263.30 of the penal law, use29of a child in a sexual performance as defined in section 263.05 of the30penal law or luring a child as defined in subdivision one of section31120.70 of the penal law, promoting an obscene sexual performance by a32child as defined in section 263.10 of the penal law or promoting a sexu-33al performance by a child as defined in section 263.15 of the penal law;34(j) any crime that is alleged to have caused the death of another35person;36(k) criminal obstruction of breathing or blood circulation as defined37in section 121.11 of the penal law, strangulation in the second degree38as defined in section 121.12 of the penal law or unlawful imprisonment39in the first degree as defined in section 135.10 of the penal law, and40is alleged to have committed the offense against a member of the defend-41ant's same family or household as defined in subdivision one of section42530.11 of this article;43(l) aggravated vehicular assault as defined in section 120.04-a of the44penal law or vehicular assault in the first degree as defined in section45120.04 of the penal law;46(m) assault in the third degree as defined in section 120.00 of the47penal law or arson in the third degree as defined in section 150.10 of48the penal law, when such crime is charged as a hate crime as defined in49section 485.05 of the penal law;50(n) aggravated assault upon a person less than eleven years old as51defined in section 120.12 of the penal law or criminal possession of a52weapon on school grounds as defined in section 265.01-a of the penal53law;54(o) grand larceny in the first degree as defined in section 155.42 of55the penal law, enterprise corruption as defined in section 460.20 of theA. 6933 9 1penal law, or money laundering in the first degree as defined in section2470.20 of the penal law;3(p) failure to register as a sex offender pursuant to section one4hundred sixty-eight-t of the correction law or endangering the welfare5of a child as defined in subdivision one of section 260.10 of the penal6law, where the defendant is required to maintain registration under7article six-C of the correction law and designated a level three offen-8der pursuant to subdivision six of section one hundred sixty-eight-l of9the correction law;10(q) a crime involving bail jumping under section 215.55, 215.56 or11215.57 of the penal law, or a crime involving escaping from custody12under section 205.05, 205.10 or 205.15 of the penal law;13(r) any felony offense committed by the principal while serving a14sentence of probation or while released to post release supervision;15(s) a felony, where the defendant qualifies for sentencing on such16charge as a persistent felony offender pursuant to section 70.10 of the17penal law; or18(t) any felony or class A misdemeanor involving harm to an identifi-19able person or property, where such charge arose from conduct occurring20while the defendant was released on his or her own recognizance or21released under conditions for a separate felony or class A misdemeanor22involving harm to an identifiable person or property, provided, however,23that the prosecutor must show reasonable cause to believe that the24defendant committed the instant crime and any underlying crime. For the25purposes of this subparagraph, any of the underlying crimes need not be26a qualifying offense as defined in this subdivision.275. Notwithstanding the provisions of subdivisions three and four of28this section, with] 3. With respect to any charge for which bail or 29 remand is not ordered, and for which the court would not [or could not] 30 otherwise require bail or remand, a defendant may, at any time, request 31 that the court set bail in a nominal amount requested by the defendant 32 in the form specified in paragraph (a) of subdivision one of section 33 520.10 of this title; if the court is satisfied that the request is 34 voluntary, the court shall set such bail in such amount. 35 [6.] 4. Notwithstanding the provisions of [subdivisions] subdivision 36 two[, three and four] of this section, a superior court may not order 37 recognizance, release under non-monetary conditions or, where author- 38 ized, bail, or permit a defendant to remain at liberty pursuant to an 39 existing order, after the defendant has been convicted of either: (a) a 40 class A felony or (b) any class B or class C felony as defined in arti- 41 cle one hundred thirty of the penal law committed or attempted to be 42 committed by a person eighteen years of age or older against a person 43 less than eighteen years of age. In either case the court must commit or 44 remand the defendant to the custody of the sheriff. 45 [7.] 5. Notwithstanding the provisions of [subdivisions] subdivision 46 two[, three and four] of this section, a superior court may not order 47 recognizance, release under non-monetary conditions or, where author- 48 ized, bail when the defendant is charged with a felony unless and until 49 the district attorney has had an opportunity to be heard in the matter 50 and such court and counsel for the defendant have been furnished with a 51 report as described in subparagraph (ii) of paragraph (b) of subdivision 52 two of section 530.20 of this article. 53 § 12. This act shall take effect immediately.