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New York bill S857 mandates risk and needs assessments for pre-trial release decisions

Original title: Restores judicial discretion relating to bail reform; repealer

Last action · January 7, 2026: REFERRED TO CODESSponsors: Patrick Gallivan and 8 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Senate Bill 857 requires New York courts to request a risk and needs assessment from the applicable county pre-trial services agency before determining s or pre-trial release for defendants. The measure establishes criteria for these assessments and ensures that while courts must consider them, the assessments do not serve as the sole factor in release determinations.

Why it matters

Judges handling criminal cases must review standardized risk evaluations compiled by county agencies before deciding whether to release defendants or set bail, directly altering pre-trial release procedures across the state.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

defendants

Defendants are subject to mandatory risk and needs assessments conducted by county pre-trial services agencies which judges must consider when deciding pre-trial release and bail.

Directly affected

county pre-trial services agencies

County pre-trial services agencies are required to conduct risk and needs assessments when requested by the court for eligible defendants.

Directly affected

New York courts

Judges are required to request risk and needs assessments and account for them on the record when issuing securing orders.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What is a 'risk and needs assessment' under this bill?
It is an objective, standardized instrument approved by the Chief Administrative Judge of the Unified Court System that evaluates a defendant's risk of failing to appear in court and danger to the community based on empirical data.
Can a judge use the risk and needs assessment as the sole reason to keep someone in custody?
No, the bill explicitly states that while the court must take the assessment into account, it shall not be the sole determinative factor in deciding whether a is released.
Are defendants allowed to see the risk and needs assessment used in their case?
Yes, the bill requires that any questionnaire, instrument, or tool used with a must be made promptly available to the principal and their counsel upon written request.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

2 actions
  1. Jan 7, 2026SenateCommittee
    REFERRED TO CODES
  2. Jan 8, 2025SenateCommittee
    REFERRED TO CODES

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Introduction of Mandatory Pre-Trial Risk Evaluations

The bill shifts New York's statutory framework by explicitly linking court release and securing order decisions to structured risk and needs assessments performed by county agencies.

Connected Entities

Tony Palumbo, Tom O'Mara, Peter Oberacker and 6 more
PersonTony Palumbo“Cosponsor of the bill”Map →
PersonTom O'Mara“Cosponsor of the bill”Map →
PersonPeter Oberacker“Cosponsor of the bill”Map →
PersonMario Mattera“Cosponsor of the bill”Map →
PersonGeorge Borrello“Cosponsor of the bill”Map →
PersonMark Walczyk“Cosponsor of the bill”Map →
PersonPatrick Gallivan“Primary sponsor of Senate Bill 857 in the New York Senate”Map →
PersonDean Murray“Cosponsor of the bill”Map →
PersonBill Weber“Cosponsor of the bill”Map →

Sources

Open source document

www.nysenate.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz45
    Current news / social attention level

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